[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Rules and Regulations]
[Pages 58072-58074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15465]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket Nos. 06-160, 18-314, 20-330, 22-273; FCC 19-93, FCC 20-159, 
FCC 22-63, DA 24-271; FR ID 231569]


Amendments to Rules for Direct Broadcast Satellite, Satellite 
Services, and 17 GHz; Updates to Forms 312 and 312-R for the 
International Communications Filing System; Corrections to 17 GHz 
Report and Order

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date and correcting 
amendments.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collections 
associated with the rules adopted in three rulemakings and with updates 
to the Form 312, including Schedules A, B, and S, and Form 312-R. 
Specifically, rules were adopted in: a Report and Order, FCC 19-93, in 
IB Docket No. 06-160 (DBS Licensing Report and Order); a Report and 
Order, FCC 20-159, in IB Docket No. 18-314 (Satellite Services Report 
and Order); and a Report and Order, FCC 22-63, in IB Docket Nos. 20-330 
and 22-273, (17 GHz Report and Order). Each of those orders stated that 
the Commission would publish a document in the Federal Register 
announcing the effective date of those rules which were delayed 
indefinitely. The FCC is announcing the effective date of those rules. 
In addition, this document is also correcting non-substantive 
typographical errors in the 17 GHz Report and Order. Finally, this 
document also announces the updates to FCC Form 312, including 
Schedules A, B, and S, and FCC Form 312-R.

DATES: The following are effective August 16, 2024:
    (1) The amendment to 47 CFR 25.136(h), published at 86 FR 11880 on 
March 1, 2021;
    (2) The amendments to 47 CFR 25.108(c)(5) and (c)(6), 25.114(a)(3), 
and 25.140(b)(6), published at 86 FR 49484 on September 3, 2021;
    (3) The amendments to 47 CFR 25.114(d)(7), (d)(15), and (d)(18), 
25.115(e), (g) and (k), 25.117(d)(2)(v), 25.140(a)(2) and (a)(3), (b), 
and (d), 25.203 and 25.264, published at 87 FR 72388 on November 25, 
2022;
    (4) The corrections to Sec. Sec.  24.140 and 25.264;
    (5) The revisions to Form 312 (including Schedules A, B, and C) and 
Form 312R, published at 88 FR 21424.

FOR FURTHER INFORMATION CONTACT: Scott Mackoul, Space Bureau, at (202) 
418-7498 or [email protected]. For information regarding the PRA 
information collection requirements contained in the PRA, contact Cathy 
Williams, Office of Managing Director, at (202) 418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on May 29, 
2024, OMB approved the information collection requirements in 47 CFR 
25.108(c)(5) through(c)(6), 25.114(a)(3), and 25.140(b)(6), as modified 
in the DBS Licensing Report and Order (86 FR 49484, September 3, 2021); 
47 CFR 25.136(h), as modified in the Satellite Services Report and 
Order (86 FR 11880, March 1, 2021); and 47 CFR 25.114(d)(7), (d)(15), 
and (d)(18), 25.115(e), (g) and (k), 25.117(d)(2)(v), 25.140(a)(2) and 
(3), (b), and (d), 25.203 and 25.264 as modified in the 17 GHz Report 
and Order (87 FR 72388, November 25, 2022). The DBS Licensing Report 
and Order, the Satellite Services Report and Order, and the 17 GHz 
Report and Order, stated that the Commission would publish a document 
in the Federal Register announcing the effective date of those rules. 
This notice announces the effective date of those rules. The other rule 
amendments adopted in the three orders which did not require OMB 
approval became effective as identified in their respective Federal 
Register publications.
    This document also summarizes an order adopted by the Commission's 
Space Bureau and Managing Director, released on March 19, 2024, that 
amends the final rules in the 17 GHz Report and Order, in order to 
correct non-substantive typographical errors. The full text of the 17 
GHz Correction Order is available at https://docs.fcc.gov/public/attachments/DA-24-271A1.pdf.
    Additionally, this document announces that, on May 29, 2024, OMB 
approved revisions to the Form 312, including Schedules A, B, and S, 
and Form 312-R, that stemmed from an update to the International 
Communications Filing System (ICFS), which is the Commission's filing 
system for earth station and space station applications filed pursuant 
to part 25 of the Commission's rules.
    If you have any comments on the burden estimates listed below, or 
how the Commission can improve the collections and reduce any burdens 
caused thereby, please contact Cathy Williams, Federal Communications 
Commission, [email protected], regarding OMB Control Number 3060-
0678. Please include the applicable OMB Control Number(s) in your 
correspondence. The Commission will also accept your comments via email 
at [email protected].
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received final 
OMB approval on May 29, 2024, for the information collection 
requirements contained in 47 CFR 25.108(c)(5) through (c)(6), 
25.114(a)(3), and 25.140(b)(6); 47 CFR 25.136(h); and 47 CFR 
25.114(d)(7), (d)(15), (d)(18), 25.115(e), (g) and (k), 
25.117(d)(2)(v), 25.140(a)(2) through (a)(3), (b), and (d), 25.203 and 
25.264. Also, as required by the Paperwork Reduction Act of 1995, the 
Commission is notifying the public that it received final OMB approval 
on May 29, 2024, for the information collection requirements contained 
in the revised Form 312, including Schedules A, B, and S, and the 
revised Form 312-R.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number. No person shall be subject to any penalty for failing 
to comply with a collection of information subject to the Paperwork 
Reduction Act that does not display a current, valid OMB Control 
Number. The OMB Control Number for the information collection 
requirements in these rules is 3060-0678.

[[Page 58073]]

    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0678.
    OMB Approval Date: May 29, 2024.
    OMB Expiration Date: May 31, 2027.
    Title: Part 25 of the Federal Communications Commission's Rules 
Governing the Licensing of, and Spectrum Usage By, Commercial Earth 
Stations and Space Stations.
    Form Number: FCC Form 312 (including Schedules A, B, and S) and FCC 
Form 312-R
    Type of Review: Revision of an existing collection.
    Respondents: Business or other for-profit, not-for-profit 
institutions.
    Number of Respondents and Responses: 3,515 respondents and 3,567 
responses.
    Estimated Time per Response: 0.5-80 hours.
    Frequency of Response: On occasion reporting requirement, one time 
and annual reporting requirements; third-party disclosure requirement; 
recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 47 
U.S.C. 151, 154(i), 157, 301, 303, 307, 308, 309, and 310.
    Total Annual Burden: 27,176.
    Annual Cost Burden: $3,923,887.
    Needs and Uses: The Commission will use the information collected 
under this revised information collection effect the policies adopted 
in three rulemakings and the updates to the Form 312, including 
Schedules A, B, and S, and Form 312-R that stemmed from an update to 
the Commission's filing system for earth station and space station 
applications filed pursuant to part 25 of the Commission's rules.
    On September 27, 2019, the Commission released DBS Licensing Report 
and Order, which adopted a new licensing process for space stations in 
the Direct Broadcast Satellite Service (DBS). This new process allows 
applicants for DBS space station licenses to take advantage of a 
licensing process that parallels the Commission's streamlined part 25 
satellite licensing rules for geostationary orbit (GSO) space stations 
in the fixed-satellite service (FSS). The Commission limited the 
regulatory burdens borne by applicants, while promoting new 
opportunities for efficient use of orbital spacing and spectrum by DBS 
licensees. The Commission's action supports and encourages the 
increasing innovation in the DBS sector and helps to preserve U.S. 
leadership in space-based services and operations. This information 
collection will provide the Commission and the public with necessary 
information about this area of satellite operations, and serves the 
public interest by streamlining the collection of information and 
allowing the Commission to authorize DBS space stations under the new 
process established in the DBS Licensing Report and Order. 
Specifically, the DBS Licensing Report and Order contains the following 
new or modified information collection requirements: space station 
applications for GSO space stations operating in the frequencies of the 
International Telecommunication Union (ITU) Appendices 30 and 30A 
(incorporated by reference, see 47 CFR 25.108) must include a statement 
that the proposed operation will take into account the applicable 
requirements of these Appendices of the ITU Radio Regulations and a 
demonstration that it is compatible with other U.S. ITU filings under 
Appendices 30 and 30A or, for any affected filings, a letter signed by 
the affected operator indicating that it consents to the new 
application.
    On November 19, 2020, the Commission released Satellite Services 
Report and Order, which streamlined the Commission's rules governing 
satellite services by creating an optional framework for authorizing 
both the blanket-licensed earth stations and space stations of a 
satellite system through a unified license. The Satellite Services 
Report and Order also permitted earth station applicants to certify 
compliance with relevant satellite licenses in lieu of providing 
duplicative or unnecessary technical demonstrations, aligned the build-
out requirements for earth stations and space stations, and eliminated 
unnecessary reporting rules. These changes reduce regulatory burdens, 
simplify the Commission's licensing of satellite systems, and provide 
additional operational flexibility. The Satellite Services Report and 
Order affected two information collections: OMB Control Numbers 3060-
1215 and 3060-0678. The Commission received OMB approval for changes 
under OMB Control No. 3060-1215 on August 26, 2021, as reported in 86 
FR 52102.
    On August 3, 2022, the Commission released the 17 GHz Report and 
Order which amended the Commission's rules to permit geostationary 
satellite orbit (GSO) space stations to use the 17.3-17.7 GHz band in 
the fixed-satellite service (FSS) in the space-to-Earth direction on a 
co-primary basis with incumbent services and permit limited GSO FSS 
(space-to-Earth) use of the 17.7-17.8 GHz band on an unprotected basis 
with respect to fixed service operations. Specifically, the 17 GHz 
Report and Order contains the following new or modified information 
collection requirements:
     Certification of frequency coordination with the operator 
of the co-frequency space station or submission of an interference 
analysis demonstrating the compatibility of the proposed system with 
the co-frequency space station;
     Information as to earth station antenna characteristics to 
ensure that antennas are properly aimed and configured and that their 
signals are not likely to interfere with other systems; and
     Information pertaining to implementation of interference 
detection and mitigation plans to prevent and resolve interference 
issues.
    This information collection will provide the Commission and the 
public with necessary information about this area of satellite 
operations and work to prevent interference, and serves the public 
interest by streamlining the collection of information and allowing the 
Commission to authorize operations contemplated in the 17 GHz Report 
and Order.
    On March 19, 2024, the Commission's Space Bureau and Managing 
Director released an Order, DA 24-271 (17 GHz Correction Order), which 
amended the final rules in Appendix A of the 17 GHz Report and Order, 
in order to correct typographical errors in the final rules and to 
conform them with the publishing conventions of the Federal Register. 
The amendments are non-substantive and do not change any regulatory 
obligations. This determination is guided by the fact that the text of 
the 17 GHz Report and Order makes clear that the errors that remained 
in the text of the final rules were unintentional and typographical in 
nature. For example, one error was stating ``17.3-18.8 GHz'' instead of 
``17.3-17.8 GHz'' when the rest of the text made clear that the correct 
text was ``17.3-17.8 GHz.'' Furthermore, the text of the final rules as 
published in the Federal Register was corrected to conform with the 
publishing conventions of the Federal Register. The Space Bureau and 
Managing Director found that notice and comment procedures are 
unnecessary under the ``good cause'' exception of the Administrative 
Procedure Act (APA) because the changes in the final rules in Appendix 
A of the 17 GHz Report and Order as released by the Commission adopted 
in the 17 GHz Correction Order

[[Page 58074]]

merely correct typographical errors, align the final rules in Appendix 
A of the 17 GHz Report and Order as released by the Commission with the 
text of the final rules as published in the Federal Register, or 
conform the 17 GHz Report and Order as released by the Commission with 
the publishing conventions of the Federal Register. Consequently, the 
Space Bureau and Managing Director found notice and comment procedures 
are unnecessary for this action as the actions in the 17 GHz Correction 
Order constitute routine ``clean-up'' matters that entail no 
substantive decisions of any consequence or significance to industry or 
the general public.
    Finally, the Commission recently updated ICFS--which was formerly 
named the International Bureau Filing System, see 88 FR 21424--which 
resulted in modifications to the Form 312, including Schedules A, B, 
and S, and Form 312-R. Applicants will be required to submit Form 312 
(including Schedules A, B, and S) and Form 312-R through the updated, 
integrated web-based program. The updated version of Form 312 
(including Schedules A, B, and S) and Form 312-R will include several 
minor changes to the information collection designed to provide clarity 
to applicants and Commission staff, reduce errors, and make overall 
improvements to the applicants' experience in completing the forms, 
including adding several questions designed to better convey the 
overall information being requested in the form.

List of Subjects in 47 CFR Part 25

    Administrative practice and procedure, Earth stations, Satellites.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Final Rules

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

PART 25--SATELLITE COMMUNICATIONS

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

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


Sec. Sec.  25.140 and 25.264  [Amended]

0
2. Amend Sec. Sec.  25.140(a)(3)(iii)(B) and 25.264(a)(6) by removing 
``17.3-18.8 GHz'' and adding, in its place, ``17.3-17.8 GHz.''

0
3. In Sec.  25.264 amend paragraphs (b)(2)(ii), (b)(3), and (e) 
introductory text by removing ``-117 dBW/m2/100 kHz'' and adding, in 
their place, ``-117 dBW/m\2\/100 kHz'' in each instance where it 
appears.

[FR Doc. 2024-15465 Filed 7-16-24; 8:45 am]
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