[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Proposed Rules]
[Pages 20508-20512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7791]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 05-02; FCC 05-14]


Service Rules and Procedures To Govern the Use of Aeronautical 
Mobile Satellite Service Earth Stations in Frequency Bands Allocated to 
the Fixed Satellite Service

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Communications Commission (FCC) proposes and seeks 
comment on a regulatory framework for licensing the operation of 
Aeronautical Mobile Satellite Service (AMSS) systems to communicate 
with fixed-satellite service (FSS) networks in the Ku-Band frequencies. 
Aircraft Earth stations (AES) in the AMSS can be used to provide 
broadband telecommunications services on passenger, government, and 
executive/private aircraft. This Notice of Proposed Rulemaking (NPRM) 
also seeks comments on licensing methods for AES terminals that will 
minimize the burdens upon applicants and licensees, while maintaining 
operational limitations necessary to avoid harmful interference.

DATES: Comments are due on or before July 5, 2005, and reply comments 
are due on or before August 3, 2005.

ADDRESSES: All comments 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 of any Paperwork Reduction Act (PRA) comments on the 
information collection(s) proposed herein should be submitted to Judith 
B. Herman, Federal Communications Commission, Room 1-C804, 445 12th 
Street, SW., Washington, DC 20554, or via the Internet to [email protected], and to Kristy L. LaLonde, OMB Desk Officer, Room 
10234 NEOB, 725 17th Street, NW., Washington, DC 20503 via the Internet 
to [email protected] or by fax to 202-395-5167. 
Electronic comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). Comments filed though the ECFS can be 
sent as an electronic file via Internet to http://www.fcc.gov/cgb/ecfs/
. All other filings must be sent to the Office of the Secretary, 
Federal Communications Commission, 445 12th St., SW., Room TW-B204, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Arthur Lechtman, (202) 418-1465, 
Satellite Division, International Bureau, Federal Communications 
Commission, Washington, DC 20554. For additional information concerning 
the information collection(s) contained in this document, contact 
Judith B. Herman at 202-418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) IB Docket No. 05-20, FCC 05-14, adopted 
January 18, 2005, released on February 9, 2005, and corrected by 
erratum on February 18, 2005. The full text of the Second Report and 
Order 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. This 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 202-488-5300, facsimile 202-488-
5563, or via e-mail [email protected]. This NPRM may contain proposed new 
information collections subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. The PRA implications of the Aeronautical 
Mobile Satellite Service (AMSS) NPRM are unknown at this time. We are 
seeking comment from the public on the regulatory framework for AMSS. 
The comments from the public will impact the PRA requirements of the 
new AMSS service. Therefore, we plan to address the PRA issues during 
the final stage of the rulemaking.
    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due June 20, 2005. Comments should address: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''

Summary of Notice of Proposed Rulemaking

    1. On February 9, 2005, the Commission released the Notice of 
Proposed Rulemaking (``NPRM'') in the Aeronautical Mobile Satellite 
Service proceeding (IB Docket No. 05-20). In this NPRM, the Commission 
makes proposals and seeks comment on a regulatory framework for 
licensing the operation of Aeronautical Mobile Satellite Service (AMSS) 
systems to communicate with fixed-satellite service (FSS) networks in 
the Ku-Band frequencies. (For purposes of this NPRM, the 
``conventional'' Ku-band refers to frequencies in the 11.7-12.2 GHz 
(downlink) and 14.0-14.5 GHz (uplink) bands and excludes the so-called 
``extended Ku-band'' at 12.75-13.25 GHz, 13.75-14.0 GHz, 10.7-10.95 
GHz, 10.95-11.2 GHz, 11.2-11.45 GHz, and 11.45-11.7 GHz. The 
``conventional'' Ku-bands are allocated on a primary basis to the FSS. 
See

[[Page 20509]]

generally 47 CFR 2.106). Aircraft Earth stations (AES) in the AMSS can 
be used to provide broadband telecommunications services on passenger, 
government, and executive/private aircraft. The Commission's goal is to 
promote more efficient use of the spectrum while protecting and 
providing regulatory certainty to the existing primary allocations, 
including the fixed satellite service (FSS) operators, and sharing 
spectrum with other secondary operations in these frequency bands, 
including government space research (SRS) stations. The Commission's 
proposals would enable important new communications services to be 
provided to crew and passengers on board aircraft. They would also 
protect existing terrestrial FS and FSS operations from harmful 
interference from AMSS stations and allow for future growth of FS and 
FSS networks. With regard to the secondary government space research 
stations and radio astronomy operations in parts of the Ku-Band, the 
Commission's proposals would provide protection to existing and 
accommodate future stations of these national assets. The proposals 
also seek to establish a regulatory scheme that could enable foreign-
licensed AES terminals to operate in the United States airspace without 
causing harmful interference to domestic operations.
    2. The NPRM seeks comment on a number of spectrum allocation issues 
concerning AES uplinks in the 14.0-14.5 GHz band and downlinks in the 
11.7-12.2 GHz band. The Commission also asks for comment on whether 
AMSS operations should be permitted on a non-protected basis in 
portions of the ``extended'' Ku-band (10.95-11.2 and 11.45-11.7 GHz 
bands). Space research services (for both Federal and non-Federal 
government use) are allocated to the 14.0-14.2 GHz sub-band on a 
secondary basis. The Commission recognizes the importance of protecting 
these space research facilities from receiving harmful interference, 
and seeks comment on a proposal that, as a prerequisite to licensing, 
AMSS operations in the 14.0-14.5 GHz band be coordinated with the 
National Telecommunications and Information Administration (NTIA) to 
resolve any potential concerns regarding space research facilities. The 
Commission also seeks comment on a coordination process with respect to 
future NASA Tracking and Data Relay Satellite System (``TDRSS'') sites 
in the space research service.
    3. The Radio Astronomy Service (RAS) is allocated on a secondary 
basis internationally in the 14.47-14.5 GHz band, and pursuant to 
footnote US203 of the U.S. Table of Frequency Allocations, radio 
astronomy observations of the formaldehyde line frequencies are 
permitted in this band at certain sites. The Commission recognizes the 
importance of radio astronomy for studying the universe and realizes 
that ubiquitous airborne AES terminals have the potential to interfere 
significantly with RAS sites on the ground. With this is in mind, the 
Commission proposes that, as a prerequisite to licensing, AMSS 
operations in the 14.0-14.5 GHz band be coordinated with the NTIA to 
resolve any potential concerns regarding radio astronomy facilities. 
The Commission seeks comment on this proposal and on whether, and if so 
how, AMSS licensees should coordinate their operations with future RAS 
sites.
    4. The Commission proposes to require AMSS operators to protect FSS 
incumbents through limits on off-axis effective isotropically radiated 
power density and to cease operations if the AES antenna malfunctions 
or otherwise causes harmful interference to FSS networks. In addition, 
the Commission proposes footnotes to the U.S. Table of Frequency 
Allocations to recognize AMSS as an application of the FSS with 
secondary status in the uplink/transmit band and primary status in the 
downlink/receive band. The Commission also proposes to require AMSS 
operators to collect and maintain aircraft tracking data to assist in 
identifying and resolving sources of interference. The Commission also 
seeks comment on methods for system licensing (consisting of AMSS hub 
stations and/or blanket licensing for AES earth stations) in order to 
give Ku-band AMSS operators greater flexibility in structuring their 
operations. Finally, the Commission proposes a regulatory framework 
that would enable foreign-licensed AESs to operate in the United States 
airspace without causing harmful interference to domestic operations.
    5. The proposed licensing procedures described above for Ku-band 
AMSS reflect the Commission's interest in providing regulatory 
certainty to both new and incumbent operators in the Ku frequency band. 
The proposals set forth in this NPRM are designed to: (1) Address 
existing government, space research, RAS, and FSS operations that may 
be affected by AES terminals; (2) allow for future growth of FSS 
networks; (3) establish rules and a regulatory framework that minimize 
the regulatory burden on AMSS licensees to the extent possible; (4) 
promote more efficient use of the spectrum by permitting new uses of 
the band by AES terminals, thereby enabling important new 
communications services to be provided to consumers on board aircraft. 
The Commission seeks comment on each of the matters set forth above.

Procedural Matters

Ex Parte Presentations

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one or two sentence description of the views and 
arguments presented is generally required. Other rules pertaining to 
oral and written presentations are set forth in Sec.  1.1206(b) of the 
Commission's rules as well.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980 (RFA), see 5 
U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), Pub. Law n. 104-121, Title II, 110 Stat. 
857 (1996), and 5 U.S.C. 605(b), the Commission has prepared this 
present Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on a substantial number of small entities 
by the policies and rules proposed in this Service Rules and Procedures 
to Govern the Use of Aeronautical Mobile Satellite Service Earth 
Stations in the Frequency Bands Allocated to the Fixed Satellite 
Service, Notice of Proposed Rulemaking (NPRM). Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments on the NPRM 
provided in paragraph 73 of the NPRM. The Commission will send a copy 
of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA). In addition, the NPRM and IRFA 
(or summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
    In this NPRM the Commission makes proposals and seeks information 
on measures to provide a level of regulatory certainty to government, 
space research, radio astronomy, and fixed satellite service (FSS) 
operators regarding operations of the Aeronautical Mobile Satellite 
Service (AMSS). As discussed in greater detail below, the Commission

[[Page 20510]]

proposes rules and procedures to license aeronautical earth stations 
(AES) for operation in the Ku-band similar to the Commission's current 
licensing rules for very small aperture terminals (VSATs) that operate 
in the Ku-band, with appropriate modifications. However, rather than 
propose rules requiring minimum earth station antenna sizes and power 
limits, the NPRM proposes an off-axis EIRP envelope that, if adopted, 
would give AES operators more flexibility over their operations. This 
off-axis EIRP envelope proposal would provide for a minimally intrusive 
licensing regime for AESs that would maximize the efficient use of the 
Ku-band spectrum, by allowing a new service to be provided in that 
band, while respecting the legitimate expectations of incumbent 
operators. Establishing a licensing regime for AMSS also facilitates 
provision of a new service in the Ku-band, which would also advance the 
Commission's continuing effort to provide licensees with greater 
authority to most efficiently use of the spectrum that they occupy.
    It is the Commission's view that if adopted, the off-axis EIRP 
licensing methodology proposed in the NPRM would benefit businesses 
both large and small by streamlining the process for obtaining 
authority from the Commission to provide AMSS service, which currently 
must be obtained on a case-by-case basis. The proposed procedures would 
provide license terms of fifteen years and would permit parties to seek 
authorization using simplified procedures. The proposed procedures 
would also require AMSS operators to provide aircraft tracking 
information to the Commission upon request. This would benefit 
businesses large and small by providing businesses that might be 
affected by AMSS operations with a simple, clear mechanism with minimal 
administrative burden to resolve any possible claims of harmful 
interference resulting from those operations.
B. Legal Basis
    The NPRM is adopted pursuant to sections 1, 4(i), 4(j), 7(a), 301, 
303(c), 303(f), 303(g), 303(r), 303(y), and 308 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 
303(c), 303(f), 303(g), 303(r), 303(y), 308.
C. Description and Estimate of the Number of Small Entities To Which 
the Proposals 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. The RFA generally defines 
the term ``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). Below, we further describe and estimate the 
number of small entity licensees that may be affected by the adopted 
rules.
    Satellite Telecommunications. The SBA has developed a small 
business size standard for Satellite Telecommunications Carriers, which 
consists of all such companies having $12.5 million or less in annual 
receipts. According to Census Bureau data for 1997, there were 324 
firms in the category Satellite Telecommunications, total that operated 
for the entire year. Of this total, 273 firms had annual receipts of $5 
million to $9,999,999 and an additional 24 firms had annual receipts of 
$10 million to $24,999,990. Thus, under this size standard, the 
majority of firms can be considered small.
    Space Stations (Geostationary). Commission records reveal that 
there are 15 space station licensees. We do not request nor collect 
annual revenue information, and thus are unable to estimate of the 
number of geostationary space stations that would constitute a small 
business under the SBA definition cited above, or apply any rules 
providing special consideration for Space Station (Geostationary) 
licensees that are small businesses.
    Fixed Satellite Transmit/Receive Earth Stations. Currently there 
are approximately 3,390 operational fixed-satellite transmit/receive 
earth stations authorized for use in the C- and Ku-bands. The 
Commission does not request or collect annual revenue information, and 
thus is unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition.
    Cellular and Other Wireless Telecommunications. The SBA has 
developed a small business size standard for Cellular and Other 
Wireless Telecommunication, which consists of all such firms having 
1,500 or fewer employees. According to Census Bureau data for 1997, in 
this category there was a total of 977 firms that operated for the 
entire year. Of this total, 965 firms had employment of 999 or fewer 
employees, and an additional twelve firms had employment of 1,000 
employees or more. Thus, under this size standard, the majority of 
firms can be considered small.
    Paging. The SBA has developed small business size standard for 
Paging, which consists of all such firms having 1,500 or fewer 
employees. According to Census Bureau data for 1997, in this category 
there was a total of 1,320 firms that operated for the entire year. Of 
this total, 1,303 firms had employment of 999 or fewer employees, and 
an additional seventeen firms had employment of 1,000 employees or 
more. Thus, under this size standard, the majority of firms can be 
considered small.
D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    The proposed rules would, if adopted, require satellite 
telecommunications operators to establish a database for tracking the 
location of AES remote earth stations. This database would assist 
investigations of interference claims. The NPRM seeks comment on this 
proposal, including the effectiveness and utility of the proposal, and 
seeks comment regarding possible alternatives. The proposed rules, if 
adopted, would also require AMSS operators to name a point of contact 
to maintain information about aircraft location and frequencies used by 
AESs. Such information would assist in investigating interference 
claims. The Commission does not expect significant costs associated 
with these proposals, if adopted. Therefore, we do not anticipate that 
the burden of compliance would be greater for smaller entities.
    The NPRM seeks comment on possible methods for coordinating AMSS 
operations with space research service and radio astronomy operations.
E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    The RFA requires that, to the extent consistent with the objectives 
of applicable statutes, the analysis shall discuss significant 
alternatives such as: (1) The establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for small entities; (3) the use of 
performance, rather than design, standards; and (4) an exemption from 
coverage or the rule, or any part thereof, for small entities.

[[Page 20511]]

    This NPRM solicits comment on alternatives for more efficient 
processing of aircraft earth station (AES) applications and simplifying 
AMSS procedures, for example, by migrating from non-conforming use 
licensing to a licensing method that would provide for licenses with 
terms of fifteen years. The NPRM also seeks comment on streamlining the 
application process for AMSS operations by permitting blanket licensing 
of multiple AES terminals in a single application, as an alternative to 
requiring all AESs to be licensed individually. Adoption of some of 
these proposals would simplify the application process for AESs and 
establish license terms consistent with other satellite-based services 
(such as Earth Stations on Vessels). Accordingly, the Commission 
believes that adoption of these proposed rules would benefit all AMSS 
applicants, including small entities, by significantly reducing the 
cost associated with obtaining and maintaining authority to operate an 
AMSS network.
    As described above, the Commission also seeks comment on a number 
of alternative compliance and coordination processes. For example, the 
Commission seeks on whether to base the off-axis EIRP requirement on an 
aggregate limit or on a per-earth station limit. The Commission has 
taken care to consider the costs on business both large and small and 
has solicited comment on alternatives to its proposals.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    None.

Paperwork Reduction Act

    This NPRM contains proposed new and modified information 
collection(s). The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection(s) 
contained in this NPRM, as required by the Paperwork Reduction Act of 
1995, Public Law n. 104-13. Public and agency comments are due 60 days 
from date of publication of the NPRM in the Federal Register. Comments 
should address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law n. 107-198, see 44 U.S.C. 3506(c)(4), we seek specific 
comment on how we might ``further reduce the information collection 
burden for small business concerns with fewer than 25 employees.''
    A copy of any comments on the information collections contained 
herein should be submitted to Judy Boley Herman, Federal Communications 
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554, or 
via the Internet to [email protected] and to Kristy L. LaLonde, OMB Desk 
Officer, Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, 
via the Internet to [email protected], or via fax at 202-
395-5167.

Comment Filing Procedures

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments in response 
to this NPRM no later than on or before 75 days after Federal Register 
publication. Reply comments to these comments may be filed no later 
than on or before 105 days after Federal Register publication. All 
pleadings are to reference IB Docket No. 05-20. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS) or by 
filing paper copies. Parties are strongly encouraged to file 
electronically. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24,121 (1998).
    Comments filed through the ECFS can be sent as an electronic file 
via the Internet to http://www.fcc/gov/e-file/ecfs.html. Parties should 
transmit one copy of their comments to the docket in the caption of 
this rulemaking. In completing the transmittal screen, commenters 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions 
for e-mail comments, commenters should send an e-mail to [email protected] 
and should include the following words in the body of the message, 
``get form .'' A sample form and directions will 
be sent in reply.
    Parties choosing to file by paper must file an original and four 
copies of each filing in IB Docket No. 05-20. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although we continue 
to experience delays in receiving U.S. Postal Service mail). If more 
than one docket or rulemaking number appears in the caption of this 
proceeding, commenters must submit two additional copies for each 
additional docket or rulemaking number. The Commission's mail 
contractor, Vistronix, Inc. will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    Comments submitted on diskette should be on a 3.5 inch diskette 
formatted in an IBM-compatible format using Word for Windows or 
compatible software. The diskette should be clearly labeled with the 
commenter's name, proceeding (including the docket number, in this 
case, IB Docket No. 05-20), type of pleading (comment or reply 
comment), date of submission, and the name of the electronic file on 
the diskette. The label should also include the following phrase ``Disk 
Copy--Not an Original.'' Each diskette should contain only one party's 
pleadings, preferably in a single electronic file.
    All parties must file one copy of each pleading electronically or 
by paper to each of the following: (1) The Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone (202) 488-5300, facsimile 
(202) 488-5563, or via e-mail at [email protected]. (2) Arthur Lechtman, 
Attorney, Satellite Division, International Bureau, 445 12th Street, 
SW., Washington, DC 20554; e-mail [email protected].
    Comments and reply comments and any other filed documents in this 
matter may be obtained from Best Copy and Printing, Inc., in person at 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, via telephone 
at (202) 488-5300, via facsimile (202) 488-5563, or via e-mail at 
[email protected]. The pleadings will be also available for public 
inspection and copying during regular

[[Page 20512]]

business hours in the FCC Reference Information Center, Room CY-A257, 
445 Twelfth Street, SW., Washington, DC 20554 and through the 
Commission's Electronic Filing System (ECFS) accessible on the 
Commission's World Wide Web site, http://www.fcc.gov.
    Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with Sec.  1.49 and all other 
applicable sections of the Commission's rules. All parties are 
encouraged to utilize a table of contents, and to include the name of 
the filing party and the date of the filing on each page of their 
submission. We also strongly encourage that parties track the 
organization set forth in this NPRM in order to facilitate our internal 
review process.
    Commenters who file information that they believe is proprietary 
may request confidential treatment pursuant to Sec.  0.459 of the 
Commission's rules. Commenters should file both their original comments 
for which they request confidentiality and redacted comments, along 
with their request for confidential treatment. Commenters should not 
file proprietary information electronically. See Examination of Current 
Policy Concerning the Treatment of Confidential Information Submitted 
to the Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on 
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants 
confidential treatment, information that does not fall within a 
specific exemption pursuant to the Freedom of Information Act (FOIA) 
must be publicly disclosed pursuant to an appropriate request. See 47 
CFR 0.461; 5 U.S.C. 552. We note that the Commission may grant requests 
for confidential treatment either conditionally or unconditionally. As 
such, we note that the Commission has the discretion to release 
information on public interest grounds that does fall within the scope 
of a FOIA exemption.

Further Information

    For further information regarding this proceeding, contact Arthur 
Lechtman, Attorney, Satellite Division, International Bureau at (202) 
418-0719. Information regarding this proceeding and others may also be 
found on the Commission's Web site at http://www.fcc.gov.

Ordering Clauses

    Accordingly, It is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g), 
303(r), 303(y), and 308 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g), 
303(r), 303(y), 308, this Notice of Proposed Rulemaking is adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center shall send a 
copy of this Notice of Proposed Rulemaking, including the initial 
regulatory flexibility analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration, in accordance with section 603(a) of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. (1981).

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-7791 Filed 4-19-05; 8:45 am]
BILLING CODE 6712-01-P