Satellite Licensing Procedures, 32249-32258 [05-10975]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
pertinent file information to the State
within thirty days of the approval of the
State program. We will not issue any
more new permits or new portions of
permits for the provisions listed in the
Table above after the effective date of
this authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Alabama is not
yet authorized.
J. How Does Today’s Action Affect
Indian Country (18 U.S.C. 115) in
Alabama?
The State of Alabama’s Hazardous
Waste Program is not being authorized
to operate in Indian Country.
K. What Is Codification and Is EPA
Codifying Alabama’s Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. We do this by
referencing the authorized State rules in
40 CFR part 272. We reserve the
amendment of 40 CFR part 272, subpart
B for this authorization of Alabama’s
program changes until a later date.
L. Administrative Requirements
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993), and
therefore this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA section 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13084 (63 FR 27655,
May 10, 1998). This action will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks.
Under RCRA section 3006(b), EPA
grants a State’s application for
authorization as long as the State meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the Executive Order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective August 1, 2005.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
32249
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous material transportation,
Hazardous waste, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: May 11, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05–10993 Filed 6–1–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 00–248; CC Docket No. 86–
496; FCC 05–63]
Satellite Licensing Procedures
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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 §§ 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
steven.spaeth@fcc.gov.
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
SUPPLMENTARY INFORMATION:
E:\FR\FM\02JNR1.SGM
02JNR1
32250
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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 https://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
A. Need for, and Objectives of, the
Report and Order
The Telecommunications Act of 1996
requires the Commission in every evennumbered 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
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.
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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
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
U.S.C. 604(a)(3).
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.
8 13 CFR 121.201, NAICS code 517510.
9 U.S. Census Bureau, 1997 Economic Census,
Subject Series: Information, ‘‘Establishment and
PO 00000
45
55
Frm 00032
Fmt 4700
Sfmt 4700
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.
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.
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
Firm Size (Including Legal Form of Organization),’’
Table 4, NAICS code 513220 (issued October 2000).
10 Id.
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).
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).
E:\FR\FM\02JNR1.SGM
02JNR1
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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.
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
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
17 We do receive such information on a case-bycase 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).
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).
21 13 CFR 121.201, NAICS code 515112.
22 13 CFR 121.201, NAICS code 515120.
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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.
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
CFR 121.201.
News Release, Broadcast Station Totals as
of September 30, 1999, No. 71831 (Jan. 21, 1999).
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 OperationalFixed Microwave services. See 47 CFR parts 80 and
90. Stations in this service are called operationalfixed 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.
PO 00000
23 13
24 FCC
Frm 00033
Fmt 4700
Sfmt 4700
32251
licensees) would qualify as small
entities under the SBA definition for
radiotelephone (wireless) companies.
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, nonroutine 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/nongovernment 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
E:\FR\FM\02JNR1.SGM
02JNR1
32252
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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
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 temporaryfixed 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
29 5
U.S.C. 603(c)(1)–(c)(4).
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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 Kuband 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 Kuband 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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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:
E:\FR\FM\02JNR1.SGM
02JNR1
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
5. Amend § 25.117 by adding
paragraph (g) to read as follows:
PART 25—SATELLITE
COMMUNICATIONS
I
1. The authority citation for part 25
continues to read as follows:
§ 25.117
I
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.
2. Amend § 25.109 by adding
paragraph (c) to read as follows:
I
§ 25.109
Cross-reference.
*
*
*
*
*
(c) Ship earth stations in the Maritime
Mobile Satellite Service, see 47 CFR part
80.
I 3. Amend § 25.113 by revising the
section heading and paragraph (a), and
removing and reserving paragraph (b) to
read as follows:
§ 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.
*
*
*
*
*
I 4. Amend § 25.115 by revising
paragraphs (a)(1) and (c)(1) to read as
follows:
§ 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
§ 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.
*
*
*
*
*
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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
§ 1.1307(b)(3)(i) of this chapter as an
attachment to its modification
application.
I 6. Amend § 25.118 by revising
paragraph (a)(5) to read as follows:
§ 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 § 25.117.
*
*
*
*
*
I 7. Amend § 25.130 by revising
paragraph (a) and adding paragraph (f) to
read as follows:
§ 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 § 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
§§ 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 § 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
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
32253
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.
I 8. Amend § 25.131 by revising
paragraph (a) to read as follows:
§ 25.131 Filing requirements for receiveonly earth stations.
(a) Except as provided in paragraphs
(b) and (j) of this section, and
§ 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 §§ 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 § 25.132 by revising
paragraph (a) and adding paragraph
(b)(3) to read as follows:
§ 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 § 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
§ 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 §§ 25.138(d)
and (e).
(b) * * *
E:\FR\FM\02JNR1.SGM
02JNR1
32254
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
(3) Applicants seeking authority to
use an antenna that does not meet the
standards set forth in §§ 25.209(a) and
(b), pursuant to the procedure set forth
in § 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.
*
*
*
*
*
I 10. Amend § 25.133 by revising
paragraphs (a) and (b) to read as follows:
§ 25.133 Period of construction;
certification of commencement of
operation.
15:00 Jun 01, 2005
Jkt 205001
I
11. Amend § 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:
*
I
§ 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
⁄ 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
§ 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.
12 14
(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 § 25.209, § 25.135 (NVNG
MSS earth stations), or § 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
VerDate jul<14>2003
the information in paragraph (b)(1) of
this section must be filed when the
network is put into operation.
*
*
*
*
*
§ 25.144
[Amended]
12. In § 25.144, remove and reserve
paragraph (a)(1).
I
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
13. Amend § 25.151 by revising
paragraphs (c)(2) and (d), and adding
paragraph (e) to read as follows:
§ 25.151
Public notice period.
*
*
*
*
(c) * * *
(2) For temporary authorization
pursuant to § 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 § 25.154.
(e)(1) Applicants seeking authority to
operate a temporary fixed earth station
pursuant to § 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.
I 14. Amend § 25.154 by revising
paragraphs (c) and (d) and adding
paragraph (e) to read as follows:
§ 25.154 Oppositions to applications and
other pleadings.
*
*
*
*
*
(c) Except for opposition to petitions
to deny an application filed pursuant to
§ 25.220, oppositions to petitions to
deny an application or responses to
comments and informal objections
regarding an application may be filed
E:\FR\FM\02JNR1.SGM
02JNR1
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
within 10 days after the petition,
comment, or objection is filed and must
be in accordance with other applicable
provisions of §§ 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
§ 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 §§ 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 § 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
§§ 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.
I 15. Revise § 25.201 by adding
introductory text, and by adding eight
definitions in alphabetical order to read
as follows:
§ 25.201
Definitions.
Definitions for terms in subpart C of
this part appear in this section, and in
§ 2.1 of this chapter.
*
*
*
*
*
C-band. For purposes of this part, the
terms ‘‘C-band’’ and ‘‘conventional Cband’’ refer specifically to the 3700–
4200 MHz downlink and 5925–6425
MHz uplink frequency bands. These
paired bands are allocated to the FixedSatellite 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
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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 nonreflector 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)/π]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 FixedSatellite 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
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
32255
antenna, power, coordination, radiation
hazard, and FAA notification rules, and
accesses only ‘‘Permitted Space Station
List’’ satellites in the conventional Cband or Ku-band frequency bands.
*
*
*
*
*
§ 25.202
[Amended]
16. In § 25.202, remove and reserve
paragraph (a)(2).
I 17. In § 25.204, revise paragraphs (a)
and (b) to read as follows:
I
§ 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 q ≤ 0°
+40 + 3q dBW in any 4 kHz band for
0° < q ≤ 5°
where q 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 q ≤ 0°
+64 + 3 q dBW in any 1 MHz band for
0° < q ≤ 5°
where q is as defined in paragraph (a)
of this section.
*
*
*
*
*
I 18. In § 25.209, revise paragraph (f), to
read as follows:
§ 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° 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
E:\FR\FM\02JNR1.SGM
02JNR1
32256
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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
§ 25.220.
*
*
*
*
*
I 19. In § 25.210, revise the introductory
text in paragraph (a) to read as follows:
§ 25.210 Technical requirements for space
stations in the Fixed-Satellite Service.
(a) All space stations in the FixedSatellite Service used for domestic
service in the 3700–4200 MHz and
5925–6425 MHz frequency bands shall:
*
*
*
*
*
I 20. In § 25.211, revise the section
heading and paragraph (d), and add
paragraphs (e) and (f) to read as follows:
§ 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 § 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 fixedsatellite service proposing to use
maximum power into the antenna in
excess of those specified in § 25.211(d),
must comply with the procedures set
forth in § 25.220.
I 21. In § 25.212, revise the section
heading and paragraphs (c) and (d), and
add new paragraph (e) to read as follows:
§ 25.212 Narrowband analog
transmissions, digital transmissions, and
video transmissions in the GSO FixedSatellite Service.
*
*
*
*
*
(c) In the 14.0–14.5 GHz band, an
earth station with an antenna equivalent
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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 § 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 § 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 § 25.220.
I 22. Section 25.220 is added to read as
follows:
§ 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 §§ 25.209(a)
and
(b), and/or
(ii) The proposed power density
levels are in excess of those specified in
§ 25.134, § 25.211, or § 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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
(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 receiveonly authority.
(4) The requirements for petitions to
deny applications filed pursuant to this
section are set forth in § 25.154.
(b) If an antenna proposed for use by
the applicant does not comply with the
antenna performance standards
contained in § 25.209(a) and (b), the
applicant must provide, as an exhibit to
its FCC Form 312 application, the
antenna gain patterns specified in
§ 25.132(b).
(c) If an antenna proposed for use by
the applicant does not comply with the
performance standards contained in
§ 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 §§ 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 § 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
§ 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
E:\FR\FM\02JNR1.SGM
02JNR1
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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 nonconforming 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° 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°
compliant satellite, the earth station
operator shall accept the power density
levels that would accommodate the 2°
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 §§ 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 nonconforming 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° of orbital
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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°
compliant satellite, the earth station
operator shall reduce its power to those
levels that would accommodate the 2°
compliant satellite.
(f)(1) If an earth station applicant
requests transmit-only authority, and its
proposed antenna does not conform to
the standards of § 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 §§ 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 § 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.
I 23. In § 25.271, add paragraph (c)(5) to
read as follows:
§ 25.271 Control of transmitting earth
stations.
*
PO 00000
*
*
(c) * * *
Frm 00039
*
Fmt 4700
*
Sfmt 4700
32257
(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.
*
*
*
*
*
I 24. In § 25.274, revise paragraph (e),
remove paragraph (g), redesignate
paragraph (f) as new paragraph (g), and
add new paragraph (f) to read as follows:
§ 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.
*
*
*
*
*
I 25. Amend § 25.277 by revising
paragraph (d) and adding paragraph (f) to
read as follows:
§ 25.277 Temporary fixed earth station
operations.
*
*
*
*
*
(d) Except as set forth in § 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.
*
*
*
*
*
E:\FR\FM\02JNR1.SGM
02JNR1
32258
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
(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 § 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
§ 25.277.
[FR Doc. 05–10975 Filed 6–1–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 02–386; FCC 05–29]
Rules and Regulations Implementing
Minimum Customer Account Record
Exchange Obligations on All Local and
Interexchange Carriers
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission adopts new rules to
facilitate the exchange of customer
account information between Local
Exchange Carriers (LECs) and
Interexchange Carriers (IXCs) and to
establish carriers’ responsibilities with
respect to such exchanges.
DATES: The rules in this document
contain information collection
requirements that have not been
approved by the Office of Management
and Budget (OMB). The Commission
will publish a document in the Federal
Register announcing the effective date
for these rules. Written comments by the
public on the new and modified
information collections are due July 5,
2005.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to
filing comments with the Secretary, a
copy of any comments on the
Paperwork Reduction Act (PRA)
information collection requirements
contained herein should be submitted to
Leslie Smith, Federal Communications
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
Commission, Room 1–C804, 445 12th
Street, SW., Washington, DC 20554, or
via the Internet to Leslie.Smith@fcc.gov,
and to Kristy L. LaLonde, OMB Desk
Officer, Room 10234 NEOB, 725 17th
Street, NW., Washington, DC 20503, via
the Internet to
Kristy_L._LaLonde@omb.eop.gov, or via
fax at (202) 395–5167.
FOR FURTHER INFORMATION CONTACT: Lisa
Boehley, Consumer & Governmental
Affairs Bureau at (202) 418–7395
(voice), or e-mail Lisa.Boehley@fcc.gov.
For additional information concerning
the PRA information collection
requirements contained in this
document, contact Leslie Smith at (202)
418–0217, or via the Internet at
Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: On April
19, 2004, the Commission included in
its Notice of Proposed Rulemaking
(NPRM), Rules and Regulations
Implementing Minimum Customer
Account Record Exchange Obligations
on All Local and Interexchange Carriers,
published at 69 FR 20845, April 19,
2004, the 60 day PRA notice that sought
comment on whether the Commission
should impose mandatory minimum
Customer Account Record Exchange
(CARE) obligations on all local and
interexchange carriers and, in specified
situations, require carriers to transmit to
involved carriers certain CARE codes
designed to provide specific billing an
other essential customer data. In
addition, the Commission questioned
whether adopting a mandatory
minimum CARE standard for wirelineto-wireless porting would impose a
burden on local exchange carriers and/
or commercial mobile radio service
(CMRS) providers, and sought input on
what steps might be taken to minimize
any such burden. Finally, the
Commission sought comment on
proposals for addressing billing issues
in wireline-to-wireless number porting
situations. On February 25, 2005, the
Commission released a Report and
Order and Further Notice of Proposed
Rulemaking, Rules and Regulations
Implementing Minimum Customer
Account Record Exchange Obligations
on All Local and Interexchange Carriers,
in which the Commission required the
exchange of certain information, but
determined not to require the use of
particular CARE codes for the exchange
of such information. In addition, the
Commission declined to adopt specific
performance measurements for the
timeliness and completeness of the
transfer of customer account
information between local exchange
carriers (LECs) and interexchange
carriers (IXCs). Finally, the Commission
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
determined that carriers subject to these
requirements may use a variety of
transmission mediums for the required
information exchanges. This Report and
Order contains new information
collection requirements subject to the
PRA of 1995, Public Law 104–13. These
will be submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
PRA. OMB, the general public, and
other Federal agencies are invited to
comment on the new information
collection requirements contained in
this proceeding. This Report and Order
addresses issues arising from Rules and
Regulations Implementing Minimum
Customer Account Record Exchange
Obligations on all Local and
Interexchange Carriers, Notice of
Proposed Rulemaking (NPRM), CG
Docket No. 02–386, FCC 04–50;
published at 69 FR 20845, April 19,
2004. Copies of this document and any
subsequently filed documents in this
matter will be available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street, SW, Room CY–A257,
Washington, DC 20554. The complete
text of this decision may be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554.
Customers may contact BCPI, Inc. at
their Web site: https://www.bcpiweb.com
or call 1–800–378–3160. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice) or
(202) 418–0432 (TTY). This Report and
Order can also be downloaded in Word
and Portable Document Format (PDF) at:
https://www.fcc.gov/cgb/pol.
Paperwork Reduction Act of 1995
Analysis
This Report and Order contains new
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public to
comment on the information collection
requirements contained in the Report
and Order as required by the Paperwork
Reduction Act (PRA) of 1995, Public
Law 104–13. Public and agency
comments are due July 5, 2005. In
addition, the Commission notes that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
we previously sought specific comment
E:\FR\FM\02JNR1.SGM
02JNR1
]]>Agencies
[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32249-32258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10975]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
steven.spaeth@fcc.gov.
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 https://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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\29\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------
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
