[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Proposed Rules]
[Pages 52869-52871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24726]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 16-408; FCC 17-122]


Updates Concerning Non-Geostationary, Fixed-Satellite Service 
Systems and Related Matters

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission proposes to remove the 
domestic coverage requirement for non-geostationary-satellite orbit 
(NGSO), fixed-satellite service (FSS) satellite systems.

DATES: Comments are due January 2, 2018. Reply comments are due January 
29, 2018.

ADDRESSES: You may submit comments, identified by IB Docket No. 16-408, 
by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Clay DeCell, [email protected], 202-
418-0803.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM), FCC 17-122, adopted 
September 26, 2017, and released September 27, 2017. The full text of 
the FNPRM is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-122A1.pdf. The FNPRM is also available for 
inspection and copying during business hours in the FCC Reference 
Information Center, Portals II, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. To request materials in accessible formats for 
people with disabilities, send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

Comment Filing Requirements

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes 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 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Ex Parte Presentations

    The proceeding this FNPRM initiates shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte 
rules, 47 CFR 1.1200 et seq. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must (1) list all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Paperwork Reduction Act

    This document contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. 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.

Synopsis

    The Commission requires NGSO FSS systems to provide continuous 
coverage of the fifty states, Puerto Rico and the U.S. Virgin Islands. 
Systems with more localized coverages are prohibited. This

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requirement stems from a similar requirement placed on NGSO MSS systems 
which are, as a general matter, unable to share spectrum without 
causing harmful interference.
    The domestic coverage requirement for NGSO FSS systems could be 
unnecessary or counterproductive, however. For example, among the 
several pending applications that request waivers of this requirement, 
one operator seeks to provide service in remote areas of Alaska as part 
of an ``Arctic Satellite Broadband Mission.'' Its satellite system 
would operate in a highly elliptical orbit chosen to maximize service 
to the Arctic region, but which prevents coverage of the lower United 
States. Another operator is currently providing low-latency satellite 
service to Americans at sea. The equatorial orbit of its system, 
however, precludes U.S. coverage at high latitudes. Such specialized 
systems may be authorized by foreign administrations and intended to 
serve only part of the United States. We do not believe it would serve 
the public interest to block access to these systems solely because of 
their specialized coverage areas, given that multiple NGSO FSS systems 
can share the same frequency bands. Rather, we expect that the most 
efficient way to encourage widespread service offerings by NGSO FSS 
systems, including in remote and underserved areas of the United 
States, would be to allow both general and specialized coverage 
systems.
    We therefore propose to remove the domestic coverage requirement 
for NGSO FSS systems operating in all permitted spectrum bands, which 
we believe will afford operators greater flexibility in their system 
designs. We invite comment on this proposal. Given that this 
requirement applies to NGSO FSS systems by default, is it appropriate 
to deny access to every concerned frequency band if a system design 
does not allow for continuous U.S. coverage? What are the advantages of 
retaining, or removing, this coverage requirement? For parties that 
support retaining the domestic coverage requirement, are there 
particular considerations we should take into account when deciding 
whether or not to waive it in a particular case?

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this 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 FNPRM. We request 
written public comments on this IRFA. Commenters must identify their 
comments as responses to the IRFA and must file the comments by the 
deadlines for comments on the FNPRM provided above in DATES. The 
Commission will send a copy of the FNPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. In 
addition, the FNPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    The FNPRM proposes to delete the requirement that non-
geostationary, fixed-satellite service systems provide continuous 
coverage of the fifty United States, Puerto Rico, and the U.S. Virgin 
Islands, in order to afford operators greater design flexibility.

B. Legal Basis

    The proposed action is authorized under Sections 4(i), 7(a), 10, 
303, 308(b), and 316 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 157(a), 160, 303, 308(b), 316.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules May 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).
    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing 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.'' The category 
has a small business size standard of $32.5 million or less in average 
annual receipts, under SBA rules. For this category, Census Bureau data 
for 2012 show that there were a total of 333 firms that operated for 
the entire year. Of this total, 299 firms had annual receipts of less 
than $25 million. Consequently, we estimate that the majority of 
satellite telecommunications providers are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The FNPRM proposes to delete a requirement that non-geostationary, 
fixed-satellite service systems demonstrate that they will provide 
continuous domestic coverage. This would reduce paperwork costs for 
such satellite operators.

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

    The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(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 rules for such 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 such small 
entities.''
    The FNPRM proposes to delete a requirement to demonstrate coverage 
of the United States. This would wholly eliminate the economic and 
other impacts of this rule. However, the Commission invites comment on 
this change and any alternatives.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

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Sec.  25.146  [Amended]

0
2. In Sec.  25.146, remove paragraph (b) and redesignate paragraphs 
(c), (d), and (e) as paragraphs (b), (c), and (d).
0
3. In Sec.  25.217 revise paragraph (b)(1) to read as follows:


Sec.  25.217  Default service rules.

* * * * *
    (b)(1) For all NGSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.157 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.143(b)(2)(ii) (except NGSO FSS systems), (iii) (except 
NGSO FSS systems), 25.204(e), 25.210(f), (i).
* * * * *

[FR Doc. 2017-24726 Filed 11-14-17; 8:45 am]
 BILLING CODE 6712-01-P