Rule2021-18043
Processing Applications in the Digital Broadcast Satellite Service
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 3, 2021
Effective
October 4, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this Report and Order, the Federal Communications Commission (FCC) amends its rules to establish a licensing and regulatory framework for space stations in the Digital Broadcast Satellite Service in the 12.2-12.7 GHz and 17.3-17.8 GHz frequency bands that harmonizes the rules regulating DBS with those regulating geostationary-satellite orbit Fixed-Satellite Service systems.
Full Text
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Rules and Regulations]
[Pages 49484-49489]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18043]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 06-160; FCC 19-93; FR ID 17010]
Processing Applications in the Digital Broadcast Satellite
Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this Report and Order, the Federal Communications
Commission (FCC) amends its rules to establish a licensing and
regulatory framework for space stations in the Digital Broadcast
Satellite Service in the 12.2-12.7 GHz and 17.3-17.8 GHz frequency
bands that harmonizes the rules regulating DBS with those regulating
geostationary-satellite orbit Fixed-Satellite Service systems.
DATES: Effective October 4, 2021, except for instructions 3 (47 CFR
25.108(c)(5) and (6)), 5 (47 CFR 25.114(a)(3)) and 7 (47 CFR
25.140(b)(6)). The FCC will publish a document in the Federal Register
announcing the effective date for those sections.
The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register as of
October 4, 2021, except for the material referenced in 47 CFR 25.140.
The FCC will publish a document in the Federal Register announcing the
approval date of the material in that section.
FOR FURTHER INFORMATION CONTACT: Sean O'More, International Bureau,
Satellite Division, 202-418-2453, <a href="/cdn-cgi/l/email-protection#572432363979383a3825321731343479303821"><span class="__cf_email__" data-cfemail="5f2c3a3e31713032302d3a1f393c3c71383029">[email protected]</span></a>.
[[Page 49485]]
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 19-93, adopted September 26, 2019, and released
September 27, 2019. The full text of the Report and Order is available
at <a href="https://apps.fcc.gov/edocs_public/attachmatch/FCC-19-93A1.pdf">https://apps.fcc.gov/edocs_public/attachmatch/FCC-19-93A1.pdf</a>. To
request materials in accessible formats for people with disabilities,
send an email to <a href="/cdn-cgi/l/email-protection#ce888d8dfbfefa8ea8adade0a9a1b8"><span class="__cf_email__" data-cfemail="dd9b9e9ee8ede99dbbbebef3bab2ab">[email protected]</span></a> or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Paperwork Reduction Act
This document contains new and modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invited the general public and the Office of
Management and Budget to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, we sought specific comment on how we
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget
concurs, that these rules are ``non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Report & Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
In this Order, the Commission establishes a licensing and
regulatory framework for DBS satellite systems analogous to that which
currently exists for geostationary (GSO) Fixed-Satellite Service (FSS)
systems. First, the Commission will process requests for new DBS
service on the same ``first-come, first-served'' basis--including an
optional, two-step application process--that governs GSO FSS licensing.
Second, the Commission applies the milestone and bond requirements for
the geostationary Fixed-Satellite Service to DBS. Third, the Commission
extends the license terms of non-broadcast DBS space stations from 10
to 15 years. Fourth, the Commission lifts the ``freeze'' on new DBS
applications that has been in place since 2006, when the Commission
last proposed changes to the DBS licensing regime in a 2006 Notice of
Proposed Rulemaking (2006 Notice). Finally, the Commission clarifies
that requests for new DBS at orbital locations less than nine degrees
apart will be accepted, but that any new DBS systems at such reduced-
spacing orbital locations must not increase interference to DBS systems
at the internationally-planned nine-degree orbital locations.
While the Commission currently has no DBS license applications
before it, clarification of the rules and harmonization of those rules
with the recently-updated rules governing the licensing of GSO FSS will
facilitate the licensing of new DBS systems and may encourage interest
in new DBS systems.
License Application Processing Procedures. The Commission adopts
rules for processing requests to provide new DBS service to U.S.
consumers. These rules apply to any future request to provide DBS
service to the United States using the 12.2-12.7 GHz band (space-to-
Earth) and associated feeder links in the 17.3-17.8 GHz band (Earth-to-
space), including channels not currently licensed at orbit locations
assigned to the United States under the International Telecommunication
Union (ITU) Region 2 BSS and feeder-link Plans (Region 2 Plan), as well
as DBS service from space stations located at orbital locations not
assigned to the United States in the ITU Region 2 BSS and feeder-link
Plans.
The Commission will treat requests to provide DBS using a ``first-
come, first-served'' licensing approach used for GSO-like FSS and to
eliminate DBS competitive bidding procedures. Based on the court
holding in Northpoint and the record in response to the 2006 Notice,
the Commission concludes that DBS licenses cannot be auctioned at this
time.
DBS is similar to GSO FSS, except for certain technical features
required to protect DBS consumers from interference while using small
receive-only antennas, and therefore DBS is well suited to using the
same processing procedure as used for GSO FSS. Comments received in
response to the Second NPRM in this proceeding supported use of
``first-come, first-served'' procedures for DBS.
Application Processing Framework. The Commission applies the
streamlined procedures we recently adopted for FSS space stations in
the Part 25 Streamlining Order.
Applications for authority to construct, deploy and operate a space
station to provide DBS service, or requests for U.S. market access to
provide DBS service to earth stations in the United States using a non-
U.S. licensed space station under section 25.137 of the Commission's
rules, must provide the technical information required by section
25.114 of the Commission's rules. Of particular applicability to DBS
service, the following technical information must be provided under
section 25.114: (1) Whether the space station is to be operated on a
broadcast or non-broadcast basis; and (2) information and analyses in
the event that the technical characteristics of the proposed system
differ from those in the Appendix 30 BSS Plans, the Appendix 30A feeder
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A of the
ITU Radio Regulations.
Milestone and Bond. The Commission will apply sections 25.164
(Milestones) and 25.165 (Surety Bonds) to authorizations and grants of
U.S. market access to provide DBS service. The Commission's milestone
and bond requirements are intended to deter warehousing by satellite
operators before a proposed space station has been launched and begun
operations. In this instance, warehousing refers to the retention of
preemptive rights to use spectrum and orbital resources by an entity
that does not intend to bear the cost and risk of constructing,
launching, and operating an authorized space station, is not fully
committed to doing so, or finds out after accepting the license that it
is unable to fulfill the associated obligations. Such milestone
requirements extend not only to U.S. licensees, but also to operators
of non-U.S. licensed space stations that have been granted access to
the U.S. market.
In 2015, the Commission substantially streamlined the milestone and
bond provisions contained in sections 25.164 and 25.165 of the
Commission rules. Specifically, the Commission eliminated all of the
space station construction milestones, except the requirements to bring
a space station into operation at the assigned location within a
specified period of time. Also, in order to provide better incentives
against spectrum warehousing, the Commission modified the space station
bond requirement to increase liability over time.
License Term. The Commission extends the license term for DBS space
stations not licensed as broadcast facilities to 15 years from the
current term of 10 years. Currently, licenses for DBS space stations
licensed as broadcast facilities are issued for a period of 8 years,
and licenses for DBS space stations not licensed as broadcast
facilities are issued for 10 years. The 8-year term for broadcast
stations is established by the Communications Act. Because all current
DBS licensees offer subscription services, all existing DBS
[[Page 49486]]
operators are classified as non-broadcast licensees and their license
terms were extended to 10 years. Subsequently, the Telecommunications
Act of 1996 granted the Commission authority to establish license terms
longer than 10 years for non-broadcast stations.
The Commission concludes that issuing non-broadcast DBS space
station licenses for 15 years would better reflect the useful life of
new DBS satellites, as our extension of the license term for such DBS
space stations from 5 to 10 years did in 1995. There are no technical
or engineering considerations that render the operating life of a DBS
satellite shorter than the operating life of a non-DBS satellite, such
as those used to provide GSO FSS, and DBS satellites generally are able
to provide service beyond their initial 10-year license terms. It would
also make DBS space station license terms consistent with the terms of
most other space stations.
Optional Two-Step FCC/ITU License Application Process. The
Commission adopted an optional two-step application process for GSO FSS
applicants in 2015. Under that two-step application process, an
applicant for a GSO FSS license using frequencies in ``unplanned''
bands must submit a draft Coordination Request filing to the Commission
using a simplified application form--Form 312 (Main Form)--pay the full
license application fee and post a $500,000 bond in order to establish
and perfect a queue position. This first-step application submission
establishes a place in the space station application processing queue
as of the time of filing of the simplified Form 312 with the
Commission. As a second step, the prospective licensee must file a
complete license application within two years of submission of the
Coordination Request materials or forfeit the value of the bond and
lose the queue status gained by the prior Coordination Request filing.
This two-step application process is completely optional, and, as an
alternative, applicants may file a full application without first
submitting a draft Coordination Request or posting the corresponding
$500,000 bond. The Commission adopted a similar two-step application
process for GSO FSS operation in ``planned'' frequency bands subject to
Appendix 30B of the ITU Radio Regulations. The Commission extends the
two-step process for GSO FSS operations in unplanned bands to DBS
operations in planned bands, and, in this respect, will treat ITU
filings to modify an existing frequency assignment in the Region 2
Plan, to include a new frequency assignment in the Region 2 Plan, or to
include a new or modified frequency assignment in the List of the
Regions 1 and 3 Plan in the same manner as a Coordination Request
filing for GSO FSS operation in non-planned bands.
Unlike Coordination Requests in non-planned bands, however, the
Commission will review a proposed filing under Appendices 30 and 30A
prior to forwarding the filing to the ITU to ensure that it is
compatible with other U.S. filings. This review is necessary to protect
the rights of existing U.S. filings from being unduly eroded under the
relevant ITU protection criteria by another U.S. filing. Accordingly,
the party requesting a planned-band filing must either submit the
results of an analysis demonstrating that the proposed operation will
not ``affect'' any other U.S. filing under the relevant ITU criteria
or, if another filing would be deemed affected, submit a letter signed
by the affected operator (which may be the same as the operator
requesting the new filing) that it consents to the new filing. This
review is consistent with our conclusions above regarding the
processing of all requests for DBS service. The Commission likewise
requires applicants for DBS licenses using the two-step procedure to
submit the application filing fee and a bond of $500,000 with their
applications and ITU filings. As noted above, in the FSS licensing
framework, an applicant submission with the Commission under the first
step of the optional two-step procedure must be accompanied by the
application fee and a $500,000 bond. The purpose of the application-
stage bond is to deter speculation during the two-year period of queue
priority before the applicant must submit a completed application. The
Commission finds that these considerations also apply to DBS licensees.
Non-U.S. Licensed Systems. With the exception of the two-step
processing procedure discussed above, the Commission also applies
procedures and requirements proposed for DBS service license
applications to requests to access the United States market by non-U.S.
licensed space stations under our DISCO II framework. The Commission
notes that the Commission decided in the DISCO II proceeding that
entities wishing to serve the United States with a non-U.S. satellite,
including DBS satellites, must file the same information as applicants
for a U.S. space station license, whether or not that satellite is
already licensed by another administration. Consequently, operators of
non-U.S. licensed DBS space station seeking U.S. market access and
entities filing earth station applications to access non-U.S. licensed
DBS space stations must file the same information required under
section 25.114 of the Commission's rules.
The Commission further notes that the United States took an
exemption from the World Trade Organization's Basic Telecommunication
Agreement for ``one-way satellite transmission of DTH and DBS
television services and digital audio services.'' Thus, in order to
serve the United States, foreign-licensed DBS systems must be found
acceptable under the Effective Competitive Opportunities analysis the
Commission adopted in our DISCO II proceeding in 1997 (ECO-Sat). The
Commission does not intend to revisit any of these considerations.
Foreign DBS systems requesting market access to serve the United States
will be considered on the same first-come, first-served basis as
applications for authority to provide DBS services.
Reduced Spacing for DBS Space Stations. The Commission concludes
that the public interest would be served by granting requests for new
DBS service via space stations at orbital locations less than nine
degrees apart, but that the public interest would not be served by
adopting specific rules, different from those contained in Appendices
30 and 30A of the ITU Radio Regulations, for accommodating requests for
new DBS systems at reduced-spacing orbital locations. Instead, such
requests can be processed using the ``first-come, first-served''
procedures for DBS service.
The Commission concludes that the potential benefits of adopting
additional rules requiring existing DBS service providers to
accommodate operations at reduced orbital spacing are outweighed by the
potential harms to existing subscribers to DBS service. As an initial
matter, it is not clear that access to additional DBS orbital locations
is needed to introduce new video programming services since DBS
subscribership is dropping in the United States as the marketplace for
the distribution of video programming over the internet continues to
grow and other opportunities exist to provide new video programming
services in the United States in several frequency bands already
allocated for satellite services. These include the 17/24 GHz BSS
``reverse'' band, which is specifically allocated for the provision of
video programming, as well as frequency bands allocated for Ka-band GSO
FSS. Furthermore, the proposals made by proponents for additional rules
may require changes to the equipment currently used to provide DBS
services
[[Page 49487]]
to subscribers--such as requiring larger customer receive antennas and
changes to space station designs--or would require existing DBS
providers and their subscribers to accept more interference and service
unavailability than is the case today.
However, the record does show that it is possible to accommodate
the provision of new DBS services at reduced orbital spacings under
existing rules. Specifically, our rules already allow us to consider
requests for new DBS service at reduced orbital spacings if entities
making such a request can coordinate their proposed operations with
other U.S. DBS operators and secure agreements with other operators
already having assignments in the ITU Region 2 Plans (or with prior
requests for Plan modifications). The Commission will address such
requests under these existing rules rather than adopt new rules.
This approach protects current DBS consumers from interference and
degradation of their video reception, while at the same time allowing
potential new DBS operators to demonstrate--through careful system
design, advancing technology, and coordination with existing DBS
systems--that new DBS systems can operate at orbital spacings of less
than nine degrees without causing harmful interference to existing
systems and their customers. It will also ensure that operations at
reduced orbital separations will lead to the same levels of
interference observed between two DBS systems operating nine degrees
apart, with co-frequency, co-coverage operation, and nominal Appendix
30 power density levels. The Commission recognizes that this will
require mitigation measures by future operators at reduced orbital
spacings, such as reduced power density levels or non-fully overlapping
coverages, but concludes that such measures are more easily and
appropriately implemented by future entrants than retroactively imposed
on existing DBS operators and their subscribers.
The Commission notes that the ITU Appendix 30 and 30A ITU rules do
not govern the relationship between two DBS systems operating under
U.S. ITU filings, but will use the same ITU criteria be used to
determine compatibility between a new DBS application with respect to a
DBS system already in the processing queue or previously authorized,
even when both systems are or will be operating under U.S. ITU filings.
If any of the frequency assignments of the system already in the queue
or previously authorized is affected, according to the ITU criteria,
the new DBS application can still be considered compatible with this
system by submission of a letter signed by the affected operator
indicating that it consents to the new application.
DBS Licensing ``Freeze''. The Commission imposed a ``freeze'' on
requests for new DBS systems in 2005. Having resolved the issues that
caused the Commission to impose that freeze, we lift the freeze and
will begin accepting new applications for DBS licenses after the
effective date of rules adopted in this Report and Order. New
applications or requests for U.S. market access will be accepted only
after a date specified in a public notice, which the International
Bureau will release after the rules have become effective.
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Second Notice of Proposed Rulemaking (Second
Notice) released in November 2018 in this proceeding. The Commission
sought written public comment on the proposals in the Second Notice,
including comments on the IRFA. No comments were filed addressing the
IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
A. Need for, and Objectives of, the Proposed Rules
The Report and Order modifies the Commission's rules and policies
for licensing space stations in the Digital Broadcasting Satellite
(DBS) Service. These changes, among other things, provide a licensing
system under which new licenses for DBS satellites in reduced spacing
orbital slots would be processed according to the Commission's rules
for geostationary orbit space stations in the Fixed-Satellite Service.
B. Legal Basis
The action is authorized under sections 4(i), 303, and 309 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303, 309.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules May Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by adoption of proposed rules. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). Below, we describe and estimate the number of
small entity licensees that may be affected by adoption of the proposed
rules.
Satellite Telecommunications and All Other Telecommunications
The rules adopted in this Report and Order affect some providers of
satellite telecommunications services. Satellite telecommunications
service providers include satellite and earth station operators. Since
2007, the SBA has recognized two census categories for satellite
telecommunications firms: ``Satellite Telecommunications'' and ``Other
Telecommunications.'' Under both categories, a business is considered
small if it had $32.5 million or less in annual receipts.
The first category of Satellite Telecommunications ``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.'' For this category, Census
Bureau data for 2007 show that there were a total of 512 satellite
communications firms that operated for the entire year. Of this total,
482 firms had annual receipts of under $25 million.
The second category of Other Telecommunications is comprised of
entities ``primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing internet services or voice over internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry.'' For this category,
Census Bureau data for 2007 show that there
[[Page 49488]]
were a total of 2,383 firms that operated for the entire year. Of this
total, 2,346 firms had annual receipts of under $25 million. We
anticipate that some of these ``Other Telecommunications firms,'' which
are small entities, are earth station applicants/licensees that might
be affected if our proposed rule changes are adopted.
We anticipate that our rule changes may have an impact on earth
station and space station applicants and licensees. Space station
applicants and licensees, however, rarely qualify under the definition
of a small entity. Generally, space stations cost hundreds of millions
of dollars to construct, launch, and operate. Consequently, we do not
anticipate that any space station operators are small entities that
would be affected by our proposed actions.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The Report and Order makes several rule changes that would affect
compliance requirements for earth station and space station operators.
Most proposed changes, however, are directed at space station
applicants and licensees. As noted above, these parties rarely qualify
as small entities.
For example, we allow additional use of certain frequencies within
the 17.2-17.7 GHz band, subject to compliance with technical limits
designed to protect other users of the bands.
We adopt modified rules for satellite system implementation to
provide additional flexibility to operators. In total, the rules
adopted in the Report and Order are designed to achieve the
Commission's mandate to regulate in the public interest while imposing
the lowest necessary burden on all affected parties, including small
entities.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rules for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
The NPRM proposing the rules adopted in the Report and Order sought
comment from all interested parties. Specifically, small entities were
encouraged to bring to the Commission's attention any specific concerns
they may have with the proposals outlined in the NPRM. No commenter
addressed the impact of the rules proposed in the NPRM and adopted in
the Report and Order.
In this NPRM, the Commission sought comment on means to minimize
negative economic impacts on applicants and licensees, including small
entities, by permitting DBS space stations in orbital locations between
the currently authorized orbital locations. No commenter addressed
means to minimize negative impacts on applicants and license, including
small entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Incorporation by Reference
This final rule incorporates by reference two elements of the ITU
Radio Regulations, Edition of 2012, into part 25 for specific purposes:
(1) ITU Radio Regulations, Volume 2: Appendices, Appendix 30,
``Provisions for all services and associated Plans and List for the
broadcasting-satellite service in the frequency bands 11.7-12.2 GHz (in
Region 3), 11.7-12.5 GHz (in Region 1) and 12.2-12.7 GHz (in Region
2),'' Edition of 2012, <a href="http://www.itu.int/pub/R-REG-RR-2012">http://www.itu.int/pub/R-REG-RR-2012</a>. This
Appendix establishes an international plan defining frequency
assignments to space stations for each country operating in the
broadcasting-satellite service in the 11.7-12.5 GHz (Region 1), 12.2-
12.7 GHz (Region 2), and 11.7-12.2 GHz bands, including procedures to
modify the plan to introduce new frequency assignments.
(2) ITU Radio Regulations, Volume 2: Appendices, Appendix 30A,
``Provisions and associated Plans and List for feeder links for the
broadcasting-satellite service (11.7-12.5 GHz in Region 1, 12.2-12.7
GHz in Region 2 and 11.7-12.2 GHz in Region 3) in the frequency bands
14.5-14.8 GHz and 17.3-18.1 GHz in Regions 1 and 3, and 17.3-17.8 GHz
in Region 2,'' Edition of 2012, <a href="http://www.itu.int/pub/R-REG-RR-2012">http://www.itu.int/pub/R-REG-RR-2012</a>.
This Appendix establishes an international plan defining frequency
assignments for feeder links to space stations for each country
operating in the fixed-satellite service in 14.5-14.8 GHz and 17.3-18.1
GHz in Regions 1 and 3, and 17.3-17.8 GHz in Region 2 bands, including
procedures to modify the plan to introduce new frequency assignments.
(3) The materials above are available for free download at <a href="http://www.itu.int/pub/R-REG-RR-2012">http://www.itu.int/pub/R-REG-RR-2012</a>. In addition, copies of all of the
materials are available for purchase from the ITU through the contact
information provided in revised Sec. 25.108, and are available for
public inspection at the Commission address noted in the rule as well.
List of Subjects in 47 CFR Part 25
Administrative practice and procedure, Earth stations,
Incorporation by reference, Satellites.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
The Federal Communications Commission amends 47 CFR part 25, as
follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 307,309, 310, 319, 332,605,
and 721 unless otherwise noted.
Sec. 25.108 [Amended]
0
2. In Sec. 25.108:
0
a. In paragraph (a),
0
i. Remove the words ``this paragraph (a)'' and add, in their place,
``this section''; and
0
ii. Remove the phrase ``call 202-741-6030'' and add, in its place,
``email <a href="/cdn-cgi/l/email-protection#7117035f181f0201141205181e1f311f1003105f161e07"><span class="__cf_email__" data-cfemail="5e382c7037302d2e3b3d2a3731301e303f2c3f70393128">[email protected]</span></a>; and
0
b. At the end of paragraph (c)(5), remove the phrase ``Sec. Sec.
25.117(h) and 25.118(e)'' and add, in its place, ``Sec. Sec.
25.110(b), 25.117(h), and 25.118(e)''.
Sec. 25.108 [Amended]
0
3. Delayed indefinitely, in Sec. 25.108, at the end of paragraphs
(c)(5) and (6), remove the phrase ``25.117(h), and 25.118(e)'' and add,
in its place, ``25.117(h), 25.118(e), and 25.140(b)''.
0
4. Amend Sec. 25.110 by revising paragraphs (b)(3) introductory text
and (b)(3)(iii) and adding paragraph (b)(3)(iv) to read as follows:
Sec. 25.110 Filing of applications, fees, and number of copies.
* * * * *
(b)(3) A license application for 17/24 GHz BSS space station
operation, for GSO FSS space station operation, or for GSO space
station operation subject to the provisions in Appendices 30 and 30A of
the ITU Radio Regulations
[[Page 49489]]
(incorporated by reference, see Sec. 25.108) may be submitted in two
steps, as follows:
* * * * *
(iii) An application for GSO space station operation subject to the
provisions in Appendices 30 and 30A of the ITU Radio Regulations
(incorporated by reference, see Sec. 25.108) may be initiated by
submitting to the Commission, in accordance with the applicable
provisions of part 1, subpart Y of this chapter, a draft ITU filing to:
modify an existing frequency assignment in the Region 2 Plan; to
include a new frequency assignment in the Region 2 Plan; or to include
a new or modified frequency assignment in the List of the Regions 1 and
3 Plan, accompanied by a simplified Form 312 and a declaration of
acceptance of ITU cost-recovery responsibility in accordance with Sec.
25.111(d). The simplified Form 312, Main Form submission must include
the information required by items 1-17, 43, 45, and 46. In addition,
the applicant must submit the results of an analysis demonstrating that
no U.S. filing under Appendix 30 and 30A would be deemed affected by
the proposed operation under the relevant ITU criteria or, for any
affected filings, a letter signed by the affected operator that it
consents to the new filing.
(iv) An application initiated pursuant to paragraphs (b)(3)(i),
(ii), or (iii) of this section will be considered completed by the
filing of an FCC Form 312 and the remaining information required in a
complete license application, including the information required by
Sec. 25.114, within two years of the date of submission of the initial
application materials.
* * * * *
0
5. Delayed indefinitely, amend Sec. 25.114 by revising paragraph
(a)(3) to read as follows:
Sec. 25.114 Applications for space station authorizations.
(a) * * *
(3) For an application filed pursuant to the two-step procedure in
Sec. 25.110(b)(3), the filing pursuant to Sec. 25.110(b)(3)(iv) must
be submitted on FCC Form 312, Main Form and Schedule S, with attached
exhibits as required by paragraph (d) of this section, and must
constitute a comprehensive proposal.
* * * * *
0
6. Amend Sec. 25.121 by revising paragraph (a)(1) to read as follows:
Sec. 25.121 License term and renewals.
(a) * * * (1) Except for licenses for SDARS space stations and
terrestrial repeaters, DBS and 17/24 GHz BSS space stations licensed as
broadcast facilities, and licenses for which the application was filed
pursuant to Sec. Sec. 25.122 and 25.123, licenses for facilities
governed by this part will be issued for a period of 15 years.
* * * * *
0
7. Delayed indefinitely, amend Sec. 25.140 by revising the section
heading and adding paragraph(b)(6) to read as follows:
Sec. 25.140 Further requirements for license applications for GSO
space station operation in the FSS and the 17/24 GHz BSS.
* * * * *
(b) * * *
(6) In addition to the information required by Sec. 25.114, an
applicant for a GSO space station operating in the frequencies of the
ITU Appendices 30 and 30A (incorporated by reference, see Sec. 25.108)
must provide a statement that the proposed operation will take into
account the applicable requirements of these Appendices of the ITU
Radio Regulations and a demonstration that it is compatible with other
U.S. ITU filings under Appendices 30 and 30A or, for any affected
filings, a letter signed by the affected operator indicating that it
consents to the new application.
* * * * *
Sec. 25.148 [Amended]
0
8. Amend Sec. 25.148 by removing and reserving paragraphs (b), (d),
and (e).
0
9. Amend Sec. 25.164 by revising paragraph (a) to read as follows:
Sec. 25.164 Milestones.
(a) The recipient of an initial license for a GSO space station,
other than a SDARS space station, granted on or after August 27, 2003,
must launch the space station, position it in its assigned orbital
location, and operate it in accordance with the station authorization
no later than five years after the grant of the license, unless a
different schedule is established by this chapter or the Commission.
* * * * *
0
10. Amend Sec. 25.165 by revising paragraph (a)introductory text to
read as follows:
Sec. 25.165 Surety bonds.
(a) For all space station licenses issued after September 20, 2004,
other than licenses for SDARS space stations, space stations licensed
in accordance with Sec. 25.122 or Sec. 25.123, and replacement space
stations as defined in paragraph (e) of this section, the licensee must
post a bond within 30 days of the grant of its license. Space station
licensed in accordance with Sec. 25.122 or Sec. 25.123 must post a
bond within one year plus 30 days of the grant of the license. Failure
to post a bond will render the license null and void automatically.
* * * * *
[FR Doc. 2021-18043 Filed 9-2-21; 8:45 am]
BILLING CODE 6712-01-P
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