[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32249-32258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10975]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 00-248; CC Docket No. 86-496; FCC 05-63]


Satellite Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts new procedures for 
non-routine earth station applications, and relaxes certain other earth 
station requirements. These actions are necessary to expedite the 
licensing of earth stations often used to provide satellite-based 
broadband Internet access services.

DATES: Effective July 5, 2005, except for the amendments to Sec. Sec.  
25.115, 25.130, 25.131, 25.132, 25.133, 25.134, 25.151, 25.154, 25.209, 
25.211, 25.212, 25.220, and 25.277, which 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 for these rules.

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

SUPPLMENTARY INFORMATION: This summary of the Commission's Fifth Report 
and Order, IB Docket No. 00-248 and Third Report and Order, CC Docket 
No. 86-496, FCC 05-63, adopted March 10, 2005, and released on March 
15, 2005. The complete text of this Fifth Report and Order and Third 
Report and

[[Page 32250]]

Order is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room), 445 12th Street, SW., 
Washington, DC 20554, and also may be purchased from the Commission's 
copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. It is also available 
on the Commission's Web site at http://www.fcc.gov.
    Paperwork Reduction Act Analysis: The actions taken in the Fifth 
Report and Order have been analyzed with respect to the Paperwork 
Reduction Act of 1995 (PRA), Pub. 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 of 1980, as amended (RFA),\1\ an Initial Regulatory 
Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed 
Rule Making (Notice) and the Further Notice of Proposed Rulemaking 
(Further Notice) in IB Docket No. 00-248.\2\ The Commission sought 
written public comment on the proposals in the Notice and Further 
Notice, including comment on the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Title II, 110 Stat. 857 (1996).
    \2\ 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, 15 FCC Rcd 25128 (2000) (Notice); 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, 17 FCC Rcd 
18585 (2002) (Further Notice).
    \3\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order

    The Telecommunications Act of 1996 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. Our objective 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.
    We codify streamlined procedures for case-by-case examination of 
earth stations using ``non-routine'' antennas, non-routine power 
levels, or both. We also relax the downlink EIRP power spectral density 
limits for Ku-band VSAT systems. Finally, we will allow some temporary 
fixed earth stations to begin operation sooner than is now permitted.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    No comments were submitted directly in response to the IRFAs in 
either the Notice or the Further Notice.

C. 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 rules adopted herein.\4\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.\5\ '' In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\6\ 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).\7\
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    \4\ 5 U.S.C. 604(a)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 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).
    \7\ 15 U.S.C. 632.
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    1. Cable Services. The SBA has developed a small business size 
standard for Cable and Other Program Distribution, which consists of 
all such firms having $12.5 million or less in annual receipts.\8\ 
According to Census Bureau data for 1997, in this category there was a 
total of 1,311 firms that operated for the entire year.\9\ Of this 
total, 1,180 firms had annual receipts of under $10 million, and an 
additional fifty-two firms had receipts of $10 million to 
$24,999,999.\10\ Thus, under this size standard, the majority of firms 
can be considered small.
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    \8\ 13 CFR 121.201, NAICS code 517510.
    \9\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization),'' Table 4, NAICS code 513220 (issued October 2000).
    \10\ Id.
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    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.\11\ 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.\12\ 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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    \11\ 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 Docket Nos. 92-266 and 93-215, 
Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC 
Rcd 7393, 7408-7409 ]] 28-30 (1995).
    \12\ 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.\13\ '' The Commission has determined 
that there are 67,700,000 subscribers in the United States.\14\ 
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.\15\ Based on available data, we estimate that 
the number of cable operators serving 677,000 subscribers or less 
totals approximately 1,450.\16\ We do not request or collect 
information on

[[Page 32251]]

whether cable operators are affiliated with entities whose gross annual 
revenues exceed $250,000,000,\17\ 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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    \13\ 47 U.S.C. 543(m)(2).
    \14\ See FCC Announces New Subscriber Count for the Definition 
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
    \15\ 47 CFR 76.1403(b).
    \16\ See FCC Announces New Subscriber Count for the Definition 
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
    \17\ 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. The rules proposed in this Further 
Notice would affect providers of satellite telecommunications services, 
if adopted. 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.\18\ This definition provides that a small entity is 
expressed as one with $12.5 million or less in annual receipts.\19\ 
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.\20\
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    \18\ ``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, NAICS code 517310.
    \19\ 13 CFR 120.121, NAICS code 517310.
    \20\ 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,\21\ and television 
broadcasting stations.\22\ 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.\23\ There are currently 3,237 FM translators and boosters, 
4,913 TV translators.\24\ 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 discussed above. 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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    \21\ 13 CFR 121.201, NAICS code 515112.
    \22\ 13 CFR 121.201, NAICS code 515120.
    \23\ 13 CFR 121.201.
    \24\ 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,\25\ private-operational fixed,\26\ and broadcast auxiliary 
radio services.\27\ At present, there are approximately 22,015 common 
carrier fixed licensees and 61,670 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of this FRFA, we will use the SBA's 
definition applicable to cellular and other wireless communications 
companies--i.e., an entity with no more than 1,500 persons.\28\ We 
estimate that all of the Fixed Microwave licensees (excluding broadcast 
auxiliary licensees) would qualify as small entities under the SBA 
definition for radiotelephone (wireless) companies.
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    \25\ See 47 CFR part 101 et seq. (formerly, part 21 of the 
Commission's Rules).
    \26\ 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.
    \27\ 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.
    \28\ See 13 CFR 121.201, NAICS code 517212.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The rules adopted in this Fifth Report and Order are not intended 
to increase the reporting, record keeping and other compliance 
requirements of any licensee, and we do not anticipate any differential 
treatment to be received by larger and smaller entities. The reporting 
requirements we adopt in this Fifth Report and Order generally replace 
the more burdensome Adjacent Satellite Interference Analysis (ASIA) 
requirement. These requirements will not affect small businesses 
differently from other non-routine earth station applicants.
    Specifically, instead of the more burdensome ASIA requirement, non-
routine earth station applicants under the new rules will be required 
to provide the following information: (1) A detailed description of the 
service to be provided, including frequency bands and satellites to be 
used. The applicant must identify either the specific satellite(s) with 
which it plans to operate, or the eastern and western boundaries of the 
arc it plans to coordinate. (2) The diameter or equivalent diameter of 
the antenna. (3) Proposed power and power density levels. (4) 
Identification of any random access technique, if applicable. (5) 
Identification of a specific rule or rules for which a waiver is 
requested.
    In addition, non-routine earth station applicants choosing to use 
the certification procedure will be required under the new rules to 
provide certifications showing that the satellite operators with whom 
they plan to communicate have coordinated their operations with 
adjacent satellite operators.
    Finally, all earth station applicants planning to operate in 
government/non-government frequency bands must provide information on 
half-power beam width of the earth station antenna under the new rules.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives: (1) The establishment of 
differing compliance or reporting requirements or timetables that take 
into account the resources available to small entities; (2) the

[[Page 32252]]

clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.\29\
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    \29\ 5 U.S.C. 603(c)(1)-(c)(4).
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    This Fifth Report and Order adopts procedures that will allow 
faster and easier processing of non-routine earth station applications. 
One of the proposals adopted here is to license non-routine earth 
station operators upon a showing that they will lower their power 
levels to reduce the potential for harmful interference. The Commission 
specifically considered and rejected a proposal to require such earth 
station operators to provide certifications that their non-routine 
operations have been coordinated with adjacent satellite operators. 
Requiring certifications in addition to power reductions, instead of as 
an alternative to power reductions, would have been more burdensome to 
all earth station operators, including those that are small entities. 
Thus, rejection of that proposal benefits all earth station applicants, 
including small entities.
    In this Fifth Report and Order, the Commission also increases the 
downlink EIRP power spectral density limits for Ku-band VSAT systems. 
One alternative was to keep the previous power spectral density limits. 
The Commission rejected that alternative because increasing the power 
limit increases flexibility and thus decreases regulatory burdens for 
all VSAT network operators, including small VSAT network operators.
    Finally, in this Fifth Report and Order, the Commission adopts 
rules allowing routine Ku-band temporary-fixed earth station operators 
to begin operation sooner than is now permitted. One alternative was to 
keep the previous requirements, which prohibited all temporary-fixed 
earth station operators from operating before the end of a notice-and-
comment period. The Commission rejected that alternative because 
allowing earlier operation decreases regulatory burdens for all routine 
Ku-band temporary-fixed earth station operators, including small earth 
station operators falling in this category.

F. Report to Congress

    The Commission will send a copy of the Fifth Report and 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 the Fifth Report and Order, including 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Fifth Report and 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: The Commission adopts the streamlined 
procedures for non-routine earth station applications proposed in the 
Notice in this proceeding. Under the new procedures, applicants 
proposing smaller-than-routine earth station antennas are allowed to 
choose between (1) operating at reduced power levels, and (2) obtaining 
certifications from target satellite operators showing that the non-
routine earth station has been coordinated with potentially affected 
satellite operators. Applicants proposing higher-than-routine earth 
station power levels are allowed obtain certifications from target 
satellite operators showing that the non-routine earth station has been 
coordinated with potentially affected satellite operators.
    Under both procedures, the Commission will place the application on 
30 days public notice, to be followed by a 60-day timetable for 
coordination negotiations between satellite operators if any comments 
are filed in response to the application. If non-routine earth station 
operations are not coordinated with the satellites neighboring a target 
satellite at the end of the 60-day period, we will not authorize the 
earth station to communicate with that satellite. In addition to this 
30-day public notice and 60-day coordination requirement, all parties 
filing non-routine earth station applications must provide information 
for an ``informative,'' as an attachment to the earth station 
application, to be placed in the public notice.
    The Commission directed the International Bureau to establish a 
List of Approved Non-Routine Antennas on its website, and we delegated 
authority to the Bureau for this purpose.
    The Commission increased the Ku-band downlink EIRP density limit 
for routine processing of Ku-band earth stations from 6 to 10 dBW/4 
kHz.
    In addition, the Commission adopted rules allowing operators of 
``routine'' temporary fixed earth stations in the Ku-band to begin 
operation immediately upon placement of the application on public 
notice, rather than waiting for license grant. Alternatively, the 
Commission rejected the proposal in CC Docket No. 86-496 to require 
testing for temporary-fixed earth stations. Finally, the Commission 
modified, relaxed, or clarified several part 25 rules, including the 
rules governing VSAT systems, METs, and temporary-fixed earth stations.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 4(i), 7(a), 11, 
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), 
303(r), that this Fifth Report and Order in IB Docket No. 00-248 is 
hereby adopted.
    It is further ordered that part 25 of the Commission's rules is 
amended as set forth in Appendix B.
    It is further ordered that the Chief, International Bureau is 
delegated authority to develop a list of approved non-routine earth 
station antennas as set forth in this Order above.
    It is further ordered that the provisions of this Order will be 
effective 30 days after a summary of this Order is published in the 
Federal Register, except for the new information collection 
requirements.
    This Report and Order contains information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13, that are not effective until approved by the Office of Management 
and Budget. The Federal Communications Commission will publish a 
document in the Federal Register following approval of the information 
collection by the Office of Management and Budget (OMB) announcing the 
effective date of those rules.
    It is further ordered that the Commission's Office of Consumer and 
Government Affairs, 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.
    It is further ordered that CC Docket No. 86-496 is terminated.

List of Subjects in 47 CFR Part 25

    Communications common carriers, Communications equipment, Equal 
employment opportunity, Radio, Reporting and recordkeeping 
requirements, Satellites, Securities, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 as follows:

[[Page 32253]]

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.  25.109 by adding paragraph (c) to read as follows:


Sec.  25.109  Cross-reference.

* * * * *
    (c) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 80.

0
3. Amend Sec.  25.113 by revising the section heading and paragraph 
(a), and removing and reserving paragraph (b) to read as follows:


Sec.  25.113  Station licenses and launch authority.

    (a) Construction permits are not required for satellite earth 
stations. Construction of such stations may commence prior to grant of 
a license at the applicant's own risk. Applicants must comply with the 
provisions of 47 CFR 1.1312 relating to environmental processing prior 
to commencing construction.
* * * * *
0
4. Amend Sec.  25.115 by revising paragraphs (a)(1) and (c)(1) to read 
as follows:


Sec.  25.115  Application for earth station authorizations.

    (a)(1) Transmitting earth stations. Commission authorization must 
be obtained for authority to 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.
* * * * *
    (c)(1) Large Networks of Small Antennas operating in the 11.7-12.2 
GHz and 14.0-14.5 GHz frequency bands with U.S.-licensed or non-U.S.-
licensed satellites for domestic or international services. 
Applications to license small antenna network systems operating in the 
11.7-12.2 GHz and 14.0-14.5 GHz frequency band under blanket operating 
authority shall be filed on FCC Form 312 and Schedule B, for each large 
(5 meters or larger) hub station, and Schedule B for each 
representative type of small antenna (less than 5 meters) operating 
within the network.
* * * * *

0
5. Amend Sec.  25.117 by adding paragraph (g) to read as follows:


Sec.  25.117  Modification of station license.

* * * * *
    (g) In cases where an earth station licensee proposes additional 
transmitters, facilities, or modifications, the resulting transmissions 
of which can reasonably be expected to cause the power density to 
exceed the RF exposure limits specified in part 1, subpart I of this 
chapter by five percent, the licensee must submit an environmental 
assessment pursuant to Sec.  1.1307(b)(3)(i) of this chapter as an 
attachment to its modification application.

0
6. Amend Sec.  25.118 by revising paragraph (a)(5) to read as follows:


Sec.  25.118  Modifications not requiring prior authorization.

    (a) * * *
    (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. Otherwise, any modification of an earth station 
license to add or change a point of communication will be considered 
under Sec.  25.117.
* * * * *

0
7. Amend Sec.  25.130 by revising paragraph (a) and adding paragraph 
(f) 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. 
Additional filing requirements for ESVs are described in Sec. Sec.  
25.221 and 25.222. In addition, applicants not required to submit 
applications on Form 312EZ, other than ESV applicants, must submit the 
following information to be used as an ``informative'' in the public 
notice issued under Sec.  25.151 as an attachment to their application:
    (1) A detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellite(s) with which it plans to operate, or the 
eastern and western boundaries of the arc it plans to coordinate.
    (2) The diameter or equivalent diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any random access technique, if applicable.
    (5) Identification of a specific rule or rules for which a waiver 
is requested.
* * * * *
    (f) Applicants seeking to operate in a shared government/non-
government band must provide the half-power beam width of their 
proposed earth station antenna, as an attachment to their applications.

0
8. Amend Sec.  25.131 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 Sec.  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 and the information 
described in Sec. Sec.  25.130(a)(1) through 25.130(a)(5). 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.
* * * * *
    9. Amend Sec.  25.132 by revising paragraph (a) and adding 
paragraph (b)(3) to read as follows:


Sec.  25.132  Verification of earth station antenna performance 
standards.

    (a)(1) All applications for transmitting earth stations, except for 
earth stations operating in the 20/30 GHz band, must be accompanied by 
a certificate pursuant to Sec.  2.902 of this chapter from the 
manufacturer of each antenna that the results of a series of radiation 
pattern tests performed on representative equipment in representative 
configurations by the manufacturer demonstrates that the equipment 
complies with the performance standards set forth in Sec.  25.209. The 
licensee must be prepared to demonstrate the measurements to the 
Commission on request.
    (2) All applications for transmitting earth stations operating in 
the 20/30 GHz band must be accompanied by the measurements specified in 
Sec. Sec.  25.138(d) and (e).
    (b) * * *

[[Page 32254]]

    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec. Sec.  25.209(a) and (b), pursuant 
to the procedure set forth in Sec.  25.220, are required to submit a 
copy of the manufacturer's range test plots of the antenna gain 
patterns specified in paragraph (b)(1) of this section.
* * * * *

0
10. Amend Sec.  25.133 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  25.133  Period of construction; certification of commencement of 
operation.

    (a)(1) Each license for an earth station governed by this part, 
except for mobile satellite earth station terminals (METs), shall 
specify as a condition therein the period in which construction of 
facilities must be completed and station operation commenced. 
Construction of the earth station must be completed and the station 
must be brought into operation within 12 months from the date of the 
license grant except as may be determined by the Commission for any 
particular application.
    (2) Each license for mobile satellite earth station terminals 
(METs) shall specify as a condition therein the period in which station 
operation must be commenced. The networks in which the METs will be 
operated must be brought into operation within 12 months from the date 
of the license grant except as may be determined by the Commission for 
any particular application.
    (b)(1) Each license for a transmitting earth station included in 
this part, except for earth stations licensed under a blanket licensing 
provision, shall also specify as a condition therein that upon the 
completion of construction, each licensee must file with the Commission 
a certification containing the following information:
    (i) The name of the licensee;
    (ii) File number of the application;
    (iii) Call sign of the antenna;
    (iv) Date of the license;
    (v) A certification that the facility as authorized has been 
completed and that each antenna facility has been tested and is within 
2 dB of the pattern specified in Sec.  25.209, Sec.  25.135 (NVNG MSS 
earth stations), or Sec.  25.213 (1.6/2.4 GHz Mobile-Satellite Service 
earth stations);
    (vi) The date on which the earth station became operational; and
    (vii) A statement that the station will remain operational during 
the license period unless the license is submitted for cancellation.
    (2) For earth stations authorized under any blanket licensing 
provision in this chapter, a certification containing the information 
in paragraph (b)(1) of this section must be filed when the network is 
put into operation.
* * * * *

0
11. Amend Sec.  25.134 by revising paragraphs (a)(1), (b), and (d), 
removing and reserving paragraph (c), and adding paragraphs (e) and 
(f), to read as follows:


Sec.  25.134  Licensing provisions of Very Small Aperture Terminal 
(VSAT) and C-band Small Aperture Terminal (CSAT) networks.

    (a)(1) VSAT networks operating in the \12/14\ GHz bands. All 
applications for digital VSAT networks with a maximum outbound downlink 
EIRP density of +10.0 dBW/4 kHz per carrier and earth station antennas 
with maximum input power density of -14 dBW/4 kHz will be processed 
routinely. All applications for analog VSAT networks with maximum 
outbound downlink power densities of +17.0 dBW/4 kHz per carrier and 
maximum antenna input power densities of -8.0 dBW/4 kHz shall be 
processed routinely in accordance with Declaratory Order in the Matter 
of Routine Licensing of Earth Stations in the 6 GHz and 14 GHz Bands 
Using Antennas Less than 9 Meters and 5 Meters in Diameter, 
Respectively, for Both Full Transponder and Narrowband Transmissions, 2 
FCC Rcd 2149 (1987) (Declaratory Order).
* * * * *
    (b) VSAT networks operating in the 11.7-12.2 GHz and 14.0-14.5 GHz 
band. Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities and/or maximum antenna input power in excess of those 
specified in paragraph (a) of this Section must comply with the 
procedures set forth in Sec.  25.220.
* * * * *
    (d) An application for VSAT authorization shall be filed on FCC 
Form 312, Main Form and Schedule B.
    (e) VSAT operators in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency 
bands are permitted to use more than one hub earth station in their 
networks.
    (f) VSAT operators in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency 
bands are permitted to use temporary fixed earth stations as either hub 
earth stations or remote earth stations in their networks, but must 
specify the number of temporary fixed earth stations they plan to use 
in their networks at the time of their applications.


Sec.  25.144  [Amended]

0
12. In Sec.  25.144, remove and reserve paragraph (a)(1).

0
13. Amend Sec.  25.151 by revising paragraphs (c)(2) and (d), and 
adding paragraph (e) to read as follows:


Sec.  25.151  Public notice period.

* * * * *
    (c) * * *
    (2) For temporary authorization pursuant to Sec.  25.120.
* * * * *
    (d) Except as specified in paragraph (e) of this section, no 
application that has appeared on public notice will be granted until 
the expiration of a period of thirty days following the issuance of the 
public notice listing the application, or any major amendment thereto. 
Any comments or petitions must be delivered to the Commission by that 
date in accordance with Sec.  25.154.
    (e)(1) Applicants seeking authority to operate a temporary fixed 
earth station pursuant to Sec.  25.277 may consider their applications 
``provisionally granted,'' and may initiate operations upon the 
placement of the complete FCC Form 312 application on public notice, 
provided that
    (i) The temporary fixed earth station will operate only in the 
conventional Ku-band (14.0-14.5 GHz and 11.7-12.2 GHz bands);
    (ii) The temporary fixed earth station's operations will be 
consistent with all routine-licensing requirements for the conventional 
Ku-band; and
    (iii) The temporary fixed earth station's operations will be 
limited to satellites on the Permitted Space Station List.
    (2) Applications for authority granted pursuant to paragraph (e)(1) 
of this section shall be placed on public notice pursuant to paragraph 
(a)(1) of this section. If no comments or petitions are filed within 30 
days of the public notice date, the authority granted will be 
considered a regular temporary fixed earth station authorization as of 
30 days after the public notice date. If a comment or petition is filed 
within 30 days of the public notice date, the applicant must suspend 
operations immediately pending resolution of the issues raised in that 
comment or petition.

0
14. Amend Sec.  25.154 by revising paragraphs (c) and (d) and adding 
paragraph (e) to read as follows:


Sec.  25.154  Oppositions to applications and other pleadings.

* * * * *
    (c) Except for opposition to petitions to deny an application filed 
pursuant to Sec.  25.220, oppositions to petitions to deny an 
application or responses to comments and informal objections regarding 
an application may be filed

[[Page 32255]]

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) Except for opposition to petitions to deny an application filed 
pursuant to Sec.  25.220, 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.
    (e) If a petition to deny an application filed pursuant to Sec.  
25.220 is filed, the applicant must file a statement with the 
Commission explaining whether the applicant has resolved all 
outstanding issues raised by the petitioner, within 30 days of the date 
the petition for deny is filed. This statement must be in accordance 
with the provisions of Sec. Sec.  1.41 through 1.52 of this chapter 
applicable to oppositions to petitions to deny, 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.

0
15. Revise Sec.  25.201 by adding introductory text, and by adding 
eight definitions in alphabetical order to read as follows:


Sec.  25.201  Definitions.

    Definitions for terms in subpart C of this part appear in this 
section, and in Sec.  2.1 of this chapter.
* * * * *
    C-band. For purposes of this part, the terms ``C-band'' and 
``conventional C-band'' refer specifically to the 3700-4200 MHz 
downlink and 5925-6425 MHz uplink frequency bands. These paired bands 
are allocated to the Fixed-Satellite Service and are also referred to 
as the 4/6 GHz band(s).
* * * * *
    Electronic filing. The submission of applications, exhibits, 
pleadings, or other filings to the Commission in an electronic form 
using Internet or World Wide Web on-line filing forms.
    Equivalent diameter. When circular aperture reflector antennas are 
employed, the size of the antenna is generally expressed as the 
diameter of the antenna's main reflector. When non-reflector or non-
circular aperture antennas are employed, an equivalent diameter can be 
computed for the antenna. The equivalent diameter is the diameter of a 
hypothetical circular aperture antenna with the same aperture area as 
the actual antenna. For example, an elliptical aperture antenna with 
major axis, a, and minor axis, b, will have an equivalent diameter of 
[a x b]1/2. A rectangular aperture antenna with length, l, 
and width, w, will have an equivalent diameter of [4(l x w)/
[pi]]1/2.
* * * * *
    Ku-band. In this rule part, the terms ``Ku-band'' and 
``conventional Ku-band'' refer specifically to the 11700-12200 MHz 
downlink and 14000-14500 MHz uplink frequency bands. These paired bands 
are allocated to the Fixed-Satellite Service and are also referred to 
as the 12/14 GHz band(s).
* * * * *
    Permitted Space Station List. A list of satellites operating in the 
C-band and/or Ku-band including all U.S.-licensed satellites and those 
non-U.S.-licensed satellites for which the Commission has authorized 
routine U.S.-licensed earth stations to communicate with that 
satellite, and the satellite operator has requested the Commission to 
place its satellite on the Permitted Space Station List.
    Power flux density. The amount of power flow through a unit area 
within a unit bandwidth. The units of power flux density are those of 
power spectral density per unit area, namely watts per hertz per square 
meter. These units are generally expressed in decibel form as dB(W/Hz/
m2), dB(W/m2) in a 4 kHz band, or dB(W/
m2) in a 1 MHz band.
    Power spectral density. The amount of an emission's transmitted 
carrier power falling within the stated reference bandwidth. The units 
of power spectral density are watts per hertz and are generally 
expressed in decibel form as dB(W/Hz), dB(W/4kHz), or dB(W/1MHz).
* * * * *
    Routine processing or licensing. A licensing process whereby 
applications are processed in an expedited fashion. Such applications 
must be complete in all regards and consistent with all Commission 
Rules and must not raise any policy issues. With respect to earth 
station licensing, an application is ``routine'' only if it conforms to 
all antenna, power, coordination, radiation hazard, and FAA 
notification rules, and accesses only ``Permitted Space Station List'' 
satellites in the conventional C-band or Ku-band frequency bands.
* * * * *


Sec.  25.202  [Amended]

0
16. In Sec.  25.202, remove and reserve paragraph (a)(2).

0
17. In Sec.  25.204, revise paragraphs (a) and (b) to read as follows:


Sec.  25.204  Power limits.

    (a) In bands shared coequally with terrestrial radio communication 
services, the equivalent isotropically radiated power transmitted in 
any direction towards the horizon by an earth station, other than an 
ESV, operating in frequency bands between 1 and 15 GHz, shall not 
exceed the following limits except as provided for in paragraph (c) of 
this section:

+40 dBW in any 4 kHz band for [thetas] <= 0[deg]
+40 + 3[thetas] dBW in any 4 kHz band for 0[deg] < [thetas] <= 5[deg]

where [thetas] is the angle of elevation of the horizon viewed from the 
center of radiation of the antenna of the earth station and measured in 
degrees as positive above the horizontal plane and negative below it.

    (b) In bands shared coequally with terrestrial radiocommunication 
services, the equivalent isotropically radiated power transmitted in 
any direction towards the horizon by an earth station operating in 
frequency bands above 15 GHz shall not exceed the following limits 
except as provided for in paragraph (c) of this section:

+64 dBW in any 1 MHz band for [thetas] <= 0[deg]
+64 + 3 [thetas] dBW in any 1 MHz band for 0[deg] < [thetas] <= 5[deg]

where [thetas] is as defined in paragraph (a) of this section.
* * * * *

0
18. In Sec.  25.209, revise paragraph (f), to read as follows:


Sec.  25.209  Antenna performance standards.

* * * * *
    (f) An earth station with an antenna not conforming to the 
standards of paragraphs (a) and (b) of this section will be authorized 
after February 15, 1985 upon a finding by the Commission that 
unacceptable levels of interference will not be caused under conditions 
of uniform 2[deg] orbital spacing. An earth station antenna initially 
authorized on or before February 15, 1985 will be authorized by the 
Commission to continue to operate as long as such operations are found 
not to cause unacceptable levels of adjacent satellite

[[Page 32256]]

interference. In either case, the Commission will impose appropriate 
terms and conditions in its authorization of such facilities and 
operations. The applicant has the burden of demonstrating that its 
antenna not conforming to the standards of paragraphs (a) and (b) of 
this section will not cause unacceptable interference. This 
demonstration must comply with the procedures set forth in Sec.  
25.220.
* * * * *

0
19. In Sec.  25.210, revise the introductory text in paragraph (a) to 
read as follows:


Sec.  25.210  Technical requirements for space stations in the Fixed-
Satellite Service.

    (a) All space stations in the Fixed-Satellite Service used for 
domestic service in the 3700-4200 MHz and 5925-6425 MHz frequency bands 
shall:
* * * * *

0
20. In Sec.  25.211, revise the section heading and paragraph (d), and 
add paragraphs (e) and (f) to read as follows:


Sec.  25.211  Analog video transmissions in the Fixed-Satellite 
Services.

* * * * *
    (d) An earth station may be routinely licensed for transmission of 
full transponder video analog services provided:
    (1) In the 5925-6425 MHz band, with an antenna equivalent diameter 
4.5 meters or greater, the maximum input power into the antenna does 
not exceed 26.5 dBW; or
    (2) In the 14.0-14.5 GHz band, with an antenna equivalent diameter 
of 1.2 meters or greater, the maximum input power into the antenna does 
not exceed 27 dBW.
    (e) Antennas smaller than those specified in paragraph (d) of this 
section are subject to the provisions of Sec.  25.220, which may 
include power reduction requirements. These antennas will not be 
routinely licensed for transmission of full transponder services.
    (f) Each applicant for authorization for analog transmissions in 
the fixed-satellite service proposing to use maximum power into the 
antenna in excess of those specified in Sec.  25.211(d), must comply 
with the procedures set forth in Sec.  25.220.

0
21. In Sec.  25.212, revise the section heading and paragraphs (c) and 
(d), and add new paragraph (e) to read as follows:


Sec.  25.212  Narrowband analog transmissions, digital transmissions, 
and video transmissions in the GSO Fixed-Satellite Service.

* * * * *
    (c) In the 14.0-14.5 GHz band, an earth station with an antenna 
equivalent diameter of 1.2 meters or greater may be routinely licensed 
for transmission of narrowband analog services with bandwidths up to 
200 kHz if the maximum input power spectral density into the antenna 
does not exceed -8 dBW/4 kHz and the maximum transmitted satellite 
carrier EIRP density does not exceed 13 dBW/4 kHz. Such earth stations 
may be routinely licensed for transmission of narrowband and/or 
wideband digital services, including digital video services, if the 
maximum input spectral power density into the antenna does not exceed -
14 dBW/4 kHz and the maximum transmitted satellite carrier EIRP density 
does not exceed +6.0 dBW/4 kHz. Antennas with a smaller major or minor 
axis in the 14 GHz band are subject to the provisions of Sec.  25.220, 
which may include power reduction requirements.
    (d) In the 5925-6425 MHz band, an earth station with an equivalent 
diameter of 4.5 meters or greater may be routinely licensed for 
transmission of SCPC services if the maximum power densities into the 
antenna do not exceed +0.5 dBW/4 kHz for analog SCPC carriers with 
bandwidths up to 200 kHz, and do not exceed -2.7 dBW/4 kHz for narrow 
and/or wideband digital SCPC carriers. Antennas with an equivalent 
diameter smaller than 4.5 meters in the 5925-6425 MHz band are subject 
to the provisions of Sec.  25.220, which may include power reduction 
requirements.
    (e) Each applicant for authorization for transmissions in the 
fixed-satellite service proposing to use transmitted satellite carrier 
EIRP densities, and/or maximum antenna input power densities in excess 
of those specified in paragraph (c) of this section in the 14.0-14.5 
GHz band, or in paragraph (d) of this section in the 5925-6425 MHz 
band, respectively, must comply with the procedures set forth in Sec.  
25.220.

0
22. Section 25.220 is added to read as follows:


Sec.  25.220  Non-conforming transmit/receive earth station operations.

    (a)(1) This section applies to earth station applications other 
than ESV applications in which:
    (i) The proposed antenna does not conform to the standards of 
Sec. Sec.  25.209(a) and
    (b), and/or
    (ii) The proposed power density levels are in excess of those 
specified in Sec.  25.134, Sec.  25.211, or Sec.  25.212, or those 
derived by the procedure set forth in paragraph (c)(1) of this section, 
whichever is applicable.
    (2) Paragraphs (b) through (e) and (g) of this section apply to the 
earth station applications described in paragraph (a)(1) of this 
section, in which the applicant seeks transmit/receive authority.
    (3) Paragraphs (f) and (g) of this section applies to the earth 
station applications described in paragraph (a)(1) of this section in 
which the applicant seeks transmit-only or receive-only authority.
    (4) The requirements for petitions to deny applications filed 
pursuant to this section are set forth in Sec.  25.154.
    (b) If an antenna proposed for use by the applicant does not comply 
with the antenna performance standards contained in Sec.  25.209(a) and 
(b), the applicant must provide, as an exhibit to its FCC Form 312 
application, the antenna gain patterns specified in Sec.  25.132(b).
    (c) If an antenna proposed for use by the applicant does not comply 
with the performance standards contained in Sec.  25.209(a) and (b), 
the applicant must meet the requirements of either paragraph (c)(1) or 
(c)(2) of this section to obtain authority to transmit. The applicant 
must meet the requirements of paragraph (c)(3) of this section to 
obtain protection from receiving interference from adjacent satellite 
operators.
    (1) The applicant must provide in its Form 312, Schedule B, the 
power and power density levels that result by reducing the values 
stated in Sec. Sec.  25.134, 25.211, or 25.212, whichever is 
applicable, by the number of decibels that the non-compliant antenna 
fails to meet the antenna performance standard of Sec.  25.209(a) and 
(b), or
    (2) The applicant will not be permitted to transmit to any 
satellite unless the applicant has provided the certifications listed 
in paragraph (e)(1) of this section from the operator of that 
satellite(s).
    (3) The applicant will not receive protection from adjacent 
satellite interference from any satellite unless the applicant has 
provided the certifications listed in paragraph (d)(1) of this section 
from the operator of that satellite(s) from which it plans to receive.
    (d)(1) If an antenna proposed for use by the applicant does not 
comply with the performance standards contained in Sec.  25.209(a) and 
(b), the applicant must submit the certifications listed in paragraphs 
(d)(1)(i) through (d)(1)(iv) of this section to qualify for protection 
from receiving interference from other satellite systems. The applicant 
will be granted protection from receiving interference only with 
respect to the satellite systems included in the coordination 
agreements referred to in the certification required by paragraph 
(d)(1)(ii) of this section, and only to the

[[Page 32257]]

extent that protection from receiving interference is afforded by those 
coordination agreements.
    (i) A statement from the satellite operator acknowledging that the 
proposed operation of the subject non-conforming earth station with its 
satellite(s) has the potential to receive interference from adjacent 
satellite networks that may be unacceptable.
    (ii) A statement from the satellite operator that it has 
coordinated the operation of the subject non-conforming earth station 
accessing its satellite(s), including its required downlink power 
density based on the information contained in the application, with all 
adjacent satellite networks within 6[deg] of orbital separation from 
its satellite(s), and the operations will operate in conformance with 
existing coordination agreement for its satellite(s) with other 
satellite systems.
    (iii) A statement from the satellite operator that it will include 
the subject non-conforming earth station operations in all future 
satellite network coordinations, and
    (iv) A statement from the earth station applicant certifying that 
it will comply with all coordination agreements reached by the 
satellite operator(s).
    (2) A license granted pursuant to paragraph (d)(1) of this section 
will include, as a condition on that license, that if a good faith 
agreement cannot be reached between the satellite operator and the 
operator of a future 2[deg] compliant satellite, the earth station 
operator shall accept the power density levels that would accommodate 
the 2[deg] compliant satellite.
    (e)(1) An earth station applicant proposing to use transmitted 
satellite carrier EIRP densities, and/or maximum power into the antenna 
in excess of the levels in Sec. Sec.  25.134, 25.211, 25.212, or the 
power density levels derived through the procedure set forth in 
paragraph (c)(1) of this section, whichever is applicable, shall 
provide the following certifications as an exhibit to its earth station 
application:
    (i) A statement from the specified satellite operator acknowledging 
that the proposed operation of the subject non-conforming earth station 
with its satellite(s) has the potential to create interference to 
adjacent satellite networks that may be unacceptable.
    (ii) A statement from the specified satellite operator that it has 
coordinated the operation of the subject non-conforming Earth Station 
accessing its satellite(s), and its corresponding downlink power 
density requirements (based on the information contained in the 
application) with all adjacent satellite networks within 6[deg] of 
orbital separation from its satellite(s), and the operations will not 
violate any existing coordination agreement for its satellite(s) with 
other satellite systems.
    (iii) A statement from the specified satellite operator that it 
will include the subject non-conforming Earth Station power and power 
densities in all future satellite network coordinations, and
    (iv) A statement from the earth station applicant certifying that 
it will comply with all coordination agreements reached by the 
satellite operator(s).
    (2) A license granted pursuant to paragraph (e)(1) of this section 
will include, as a condition on that license, that if a good faith 
agreement cannot be reached between the satellite operator and the 
operator of a future 2[deg] compliant satellite, the earth station 
operator shall reduce its power to those levels that would accommodate 
the 2[deg] compliant satellite.
    (f)(1) If an earth station applicant requests transmit-only 
authority, and its proposed antenna does not conform to the standards 
of Sec.  25.209(a) and (b), it must meet the requirements of paragraphs 
(b) and (c) of this section.
    (2) If an earth station applicant requests transmit-only authority, 
and its proposed power density levels are in excess of those specified 
in Sec. Sec.  25.134, 25.211, or 25.212, or those derived by the 
procedure set forth in paragraph (c)(1) of this section, it must meet 
the requirements of paragraph (e) of this section.
    (3) If an earth station applicant requests receive-only authority, 
and its proposed antenna does not conform to the standards of Sec.  
25.209(a) and (b), it must meet the requirements of paragraphs (b) and 
(d) of this section.
    (g) Applicants filing applications for earth stations pursuant to 
this section must provide the following information for the 
Commission's public notice:
    (1) Detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellites with which it plans to operate, or the 
eastern and western boundaries of the geostationary satellite orbit arc 
it plans to coordinate.
    (2) The diameter or equivalent diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any rule or rules for which a waiver is 
requested.

0
23. In Sec.  25.271, add paragraph (c)(5) to read as follows:


Sec.  25.271  Control of transmitting earth stations.

* * * * *
    (c) * * *
    (5) International VSAT system operators are required to maintain a 
control point within the United States, or to maintain a point of 
contact within the United States available 24 hours a day, 7 days a 
week, with the ability to shut off any earth station within the VSAT 
network immediately upon notification of harmful interference.
* * * * *

0
24. In Sec.  25.274, revise paragraph (e), remove paragraph (g), 
redesignate paragraph (f) as new paragraph (g), and add new paragraph 
(f) to read as follows:


Sec.  25.274  Procedures to be followed in the event of harmful 
interference.

* * * * *
    (e) The earth station licensee whose operations are suspected of 
causing harmful interference to the operations of another earth station 
shall take reasonable measures to determine whether its operations are 
the source of the harmful interference problem. Where the operations of 
the suspect earth station are the source of the interference, the 
licensee of that earth station shall take all measures necessary to 
resolve the interference.
    (f) Where the earth station suspected of causing harmful 
interference to the operations of another earth station cannot be 
identified or is identified as an earth station operating on a 
satellite system other than the one on which the earth station 
suffering harmful interference is operating, it is the responsibility 
of a representative of the earth station suffering harmful interference 
to contact the control center of other satellite systems. The operator 
of the earth station suffering harmful interference is free to choose 
any representative to make this contact, including but not limited to 
the operator of the satellite system on which the earth station is 
operating. The operator of the earth station suffering harmful 
interference is also free to contact the control center of the other 
satellite systems directly.
* * * * *

0
25. Amend Sec.  25.277 by revising paragraph (d) and adding paragraph 
(f) to read as follows:


Sec.  25.277  Temporary fixed earth station operations.

* * * * *
    (d) Except as set forth in Sec.  25.151(e), transmissions may not 
be commenced until all affected terrestrial licensees have been 
notified and the earth station operator has confirmed that unacceptable 
interference will not be caused to such terrestrial stations.
* * * * *

[[Page 32258]]

    (f) Filing requirements concerning applications for new temporary 
fixed earth station facilities operating in frequency bands shared co-
equally with terrestrial fixed stations.
    (1) When the initial location of the temporary fixed earth 
station's operation is known, the applicant shall provide, as part of 
the Form 312 application, a frequency coordination report in accordance 
with Sec.  25.203 for the initial station location.
    (2) When the initial location of the temporary fixed earth 
station's operation is not known at the time the application is filed, 
the applicant shall provide, as part of the Form 312 application, a 
statement by the applicant acknowledging its coordination 
responsibilities under Sec.  25.277.

[FR Doc. 05-10975 Filed 6-1-05; 8:45 am]
BILLING CODE 6712-01-P