Rule2025-16375
Expediting Initial Processing of Satellite and Earth Station Applications; Space Innovation
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
August 27, 2025
Effective
September 26, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or we) adopts a Second Report and Order with variety measures to expedite space and earth station approvals, including by eliminating the requirement to file certain license modification applications and eliminating outdated rules. In particular, the Second Report and Order provides regulatory certainty for, and eliminates burdens on, the nascent Ground-Station-as-a-Service industry, where a neutral host establishes connectivity to multiple satellite systems in space. As licensing activity before the Commission increases in complexity and number, concrete measures to expedite earth and space station applications will support U.S. leadership in the growing space economy. Accordingly, adoption of these concrete measures to expedite the processing of applications for authority to operate space and earth stations under part 25 of the Commission's rules would be vital to supporting U.S. leadership in the growing space economy.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 164 (Wednesday, August 27, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Rules and Regulations]
[Pages 41790-41801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16375]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 25
[IB Docket Nos. 22-411, 22-271; FCC 25-48; FR ID 309341]
Expediting Initial Processing of Satellite and Earth Station
Applications; Space Innovation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or we) adopts a Second Report and Order with variety
measures to expedite space and earth station approvals, including by
eliminating the requirement to file certain license modification
applications and eliminating outdated rules. In particular, the Second
Report and Order provides regulatory certainty for, and eliminates
burdens on, the nascent Ground-Station-as-a-Service industry, where a
neutral host establishes connectivity to multiple satellite systems in
space. As licensing activity before the Commission increases in
complexity and number, concrete measures to expedite earth and space
station applications will support U.S. leadership in the growing space
economy. Accordingly, adoption of these concrete measures to expedite
the processing of applications for authority to operate space and earth
stations under part 25 of the Commission's rules would be vital to
supporting U.S. leadership in the growing space economy.
DATES: These rules are effective September 26, 2025, except for the
amendments to Sec. Sec. 25.110(e) (amendatory instruction 4),
25.117(i) (amendatory instruction 6), 25.118(a)(3), 25.118(b)(1), (2),
and (3), and (e)(4), and (h) (amendatory instruction 8), and 25.137(h)
(amendatory instruction 10), which are indefinitely delayed. The
Commission will publish a document in the Federal Register announcing
the effective date of these rule sections.
FOR FURTHER INFORMATION CONTACT: Gregory Coutros, Space Bureau, Earth
Station Licensing Division, at <a href="/cdn-cgi/l/email-protection#e3849186848c919acd808c9697918c90a3858080cd848c95"><span class="__cf_email__" data-cfemail="8ee9fcebe9e1fcf7a0ede1fbfafce1fdcee8ededa0e9e1f8">[email protected]</span></a> or at (202) 418-
2351.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (Order), FCC 25-48, adopted August 7, 2025, and
released August 8, 2025. The document is available for public
inspection online at https://docs.fcc.gov/public/
[[Page 41791]]
attachments/FCC-25-48A1.pdf. The document is also available for
inspection and copying during business hours in the FCC Reference
Center, 45 L Street NE, Washington, DC 20554. To request materials in
accessible formats for people with disabilities, send an email to
<a href="/cdn-cgi/l/email-protection#692f2a2a5c595d290f0a0a470e061f"><span class="__cf_email__" data-cfemail="44020707717470042227276a232b32">[email protected]</span></a> or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice and
comment rulemakings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, the Commission has
prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the
possible impact of the rule and policy changes contained in the Order
on small entities. The FRFA is set forth in Section IV below.
Final Paperwork Reduction Act Analysis
The Order may contain new or substantively modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. All such requirements 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
will be invited to comment on any new or modified information
collection requirements contained in this proceeding. In addition, we
note 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 on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
In the document, we have assessed the effects of revising the
Commission's earth station licensing rules and adopting streamlined
earth station rules and rules related to relocating geostationary orbit
(GSO) satellites and certain applicants for special temporary authority
(STA) and find that they will have a small impact on small business
concerns. Due to the significant costs involved in earth station and
space station development and deployment, we anticipate that few
entities impacted by this rulemaking would qualify as small businesses.
Additionally, the document may contain non-substantive
modifications to approved information collections. Any such
modifications will be submitted to OMB for review pursuant to OMB's
non-substantive modification process.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, OMB, concurs that this rule is
``non-major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of the Order to Congress and the Government
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
I. Introduction
1. To support America's booming space economy, the Commission is
undertaking a series of reforms to better orient its rules toward
permissionless innovation. Through sensible changes, we are eliminating
outdated barriers to space industry business models, giving satellite
operators more flexibility to deliver new services, and deleting
burdensome, unnecessary requirements. Today's action represents another
milestone in the Commission's work to streamline, simplify, and
modernize the processing of space and earth station applications.
2. The Commission's existing regulatory framework was developed for
a space economy of the past. While the space industry has become a
pivotal force for America's economy and national security, the
Commission's rules have not kept pace. In 2023, the U.S. space economy
accounted for $142.5 billion of total U.S. Gross Domestic Product (GDP)
and $240.9 billion of gross output. Additionally, the global space
economy expanded by 4 percent with the satellite ground segment
specifically generating $155.3 billion in 2024. The growth in economic
output has created new jobs. The Commission, meanwhile, has seen a
corresponding surge in licensing activity, as applications to operate
space and earth stations have grown in complexity and number. Faced
with this uptick, the agency's licensing rules have resulted in
inefficiencies and backlog. We are accordingly focused on revising and
updating the Commission's part 25 space and earth station license
application policies and processing procedures.
3. In the Order, we take the following actions to free operators of
unnecessary regulatory hurdles:
<bullet> First, we adopt a new process by which earth station
operators may receive a baseline license without identifying a specific
satellite point of communication, and adopt processes by which earth
station applicants can easily add or remove identified points of
communication. Under the Commission's prior rules, earth station
operators could not receive a license without an identified point of
communication and thus could not establish themselves as Ground-
Station-as-a-Service (GSaaS) providers until they had already secured a
satellite client, causing a classic chicken and egg problem. These
changes will support GSaaS business models, which in turn will increase
access to the infrastructure needed by space companies small and large.
<bullet> Second, we expand the list of license modifications that
do not require prior authorization. For earth stations, we remove the
overly restrictive ``electrically identical'' language in the
Commission's prior rules. GSO satellites no longer will be required to
file for STA for relocation during drift, so long as certain conditions
are satisfied. And for NGSO satellites, we no longer require prior
authorization for certain minor changes, which previously became
effective only once acted upon by the Commission. Such changes now will
become effective in most cases upon 60 days notification to the
Commission. These actions will free operators to make certain system
changes without the burden of regulatory paperwork or waiting for
Commission action.
<bullet> Third, we eliminate the outdated requirement to retain
paper copies of applications. The Commission's prior rules included a
requirement that operators print and retain a paper copy of the
International Communications Filing System (ICFS) application for their
files.
<bullet> Fourth, we adopt expanded timeframes to file license
renewal applications for earth stations and space stations. The prior
rules had two different filing windows for earth station and NGSO space
stations, each of which was early in the license term.
<bullet> Fifth, we change the default ex parte status of all
applications to ``permit-but-disclose.'' Changing the default ex parte
status will eliminate the need to change the status for each individual
application where broad public participation is desired.
<bullet> Sixth, we provide non-U.S. licensed market access grantees
the ability to receive a grant of special temporary access. Under prior
rules, which did not allow for STA for market access
[[Page 41792]]
grantees, such changes were required to be made through a modification.
<bullet> Lastly, we adopt a 30-day shot clock for earth station
renewal applications. Prior rules had no such deadline for Commission
action, resulting in a backlog of earth station renewal applications.
4. Through a bias towards permissionless innovation, we are
eliminating barriers to a range of services: broadband connectivity to
rural communities, direct-to-device services in remote areas beyond the
reach of terrestrial wireless service, Internet of Things applications,
and new applications of space-supported technology. Unleashing these
new technologies and services will help every community get a fair shot
at the opportunities that come from greater connectivity.
II. Background
5. In September 2023, the Commission adopted the First Report and
Order and Further Notice of Proposed Rulemaking (FNPRM). In the FNPRM,
the Commission sought comment on additional streamlining measures.
First, the Commission sought comment on eliminating outdated,
unnecessary and burdensome requirements, including the requirement for
operators to maintain paper copies of electronically filed
applications, and whether to change the default status of space and
earth station proceedings to ``permit-but-disclose'' under the ex parte
rules. The Commission also sought comment on several proposals to
promote efficiency, including: (1) expanding the list of modifications
not requiring prior authorization, (2) allowing market access for
operators by permitting applicants to obtain the equivalent of STAs,
(3) allowing operators to file STA extensions concurrently with the
initial STA application, (4) expanding the window for operators to file
renewal applications for existing licenses, and (5) exploring the
feasibility of creating a Permitted List for NGSO operations.
Additional measures upon which the Commission sought comment include:
(1) streamlining the Commission's internal and inter-agency
coordination process, (2) eliminating potentially duplicative
coordination for space and earth station applications, (3) expanding
conditions under which earth station operators may access the
streamlined ``deemed granted'' process for adding points of
communications, and (4) limiting timeframes for the Commission to take
action on license applications. Finally, the Commission proposed to
revise its existing rules to facilitate new modes of business by
permitting earth station operators that do not yet have a specified
satellite point of communication to apply for a limited license under
certain conditions. In response to the FNPRM, the Commission received
fourteen comments, twelve reply comments, and multiple ex parte
submissions.
III. Discussion
6. In the Order, we revise the Commission's part 25 satellite
communications rules and take a number of steps to reduce regulatory
burdens on applicants and licensees.
A. Establishing Earth Station Baseline Licensing and Modified
Procedures for Adding Points of Communication for All Licensees
7. Under the Commission's rules, applicants seeking authorization
to operate an earth station 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.'' In the FNPRM, the
Commission sought comment on its proposal to allow earth station
operators to apply for and receive a limited license without first
identifying a satellite point of communication under the condition that
the license will require modification prior to operations with a
specific point of communication, unless the point of communication is
on the Permitted List and the operations fit within the parameters
specified therein.
8. We revise the Commission's rules to permit applicants seeking
authority to operate an earth station to apply for and receive a
``baseline license'' without first identifying the specific
satellite(s) with which it plans to operate. Applicants will now be
permitted to either submit their initial application with or without an
identified point of communication. Applicants who do not include a
point of communication with their initial application, however, will
need to add a point of communication prior to communicating with any
satellite, following the process we establish here today. Removing this
regulatory barrier and permitting a new baseline license should allow
GSaaS operators to be more agile, while also potentially lowering
barriers to entry for newer entrants in the space economy.
9. To obtain a baseline license, applicants must provide all other
information as required by the Commission's rules for applications for
authority to operate an earth station, except for listing an identified
point of communication. If the application is granted, a license will
then be generated with a place-holder for the identified point(s) of
communication field, which the applicant must later modify to add one
or more identified points of communication prior to operating.
Satellite points of communication must be added in accordance with the
process described below before an earth station may communicate with a
satellite system.
10. In conjunction with allowing applicants to file an application
for a baseline license without a specified point of communication, we
adopt a modified method for licensees to add a subsequent point of
communication. Specifically, earth station operators must provide
notice to the Commission by filing in ICFS FCC Form 312 and Schedule B
pursuant to Sec. 25.118. By filing notice, earth station operators
certify that: (1) the operator has permission from the satellite
operator to communicate with the satellite system; (2) the operator is
not repointing the earth station's antenna beyond any coordinated
range; (3) adding a point of communication does not result in an
increased risk of harmful interference; (4) the operator does not
request any change to authorized frequencies; and (5) the operator does
not request to communicate with a satellite that does not have market
access. The licensee will be permitted to begin operations with the new
point(s) of communication immediately upon both filing notice of the
change pursuant to Sec. 25.118, and payment of the filing fee.
Although several parties have requested the Commission exclude bands
shared with terrestrial operations or bands subject to specific sharing
requirements, we decline to do so. We find that this process affords
maximum flexibility, while still ensuring that other operators in
shared bands, such as Upper Microwave Flexible Use (UMFUS), Iridium and
federal operators, remain protected under the Commission's rules from
harmful interference.
11. Finally, licensees will be subject to a 15-day evaluation
period that will permit the Space Bureau (Bureau) to remove a newly
added point of communication if the point of communication would
violate the conditions discussed herein and set forth in Sec.
25.118(g) of the Commission's rules. In that case, the Bureau will
provide notice to the licensee that the newly added point of
communication was removed and is no longer authorized for use, and will
provide an explanation as to why the point of communication is in
violation of the Commission's rules. The licensee must terminate
operations using the new point of communication immediately. Any
violations of the Commission's
[[Page 41793]]
rules discovered during or after the expiration of the 15-day
evaluation period may be addressed via an enforcement action.
12. The record on the proposal to create a limited license option
is mixed. Some commenters support issuing a limited license only if the
Commission is able to navigate the various existing licensing
requirements, while others argue there are no clear benefits and that
permitting such a license would result in additional administrative
burdens. But commenters generally agree with permitting expanded access
to expedited treatment for adding points of communication. Upon review
of the record, we are persuaded that the initial proposal would have
created new burdens and would not have solved the regulatory burdens of
adding a point of communication. Other proposals suggesting the
Commission receive no notice of an update to the point of communication
or ability to review the notice for conformance with the Commission's
rules would remove necessary oversight. The proposal we adopt strikes
the right balance between improving regulatory efficiency and fostering
innovation while still affording the Commission and the public notice
of the change and preserving the Commission's ability to maintain
oversight.
B. Earth Station Licensing Adding Points of Communication Under Sec.
25.117
13. Under current Commission rules, an application to modify an
earth station license by adding a space station point of communication
will be deemed granted 35 days after public notice if it meets certain
parameters. In the FNPRM, the Commission sought comment on whether and
how to expand access to the process established in Sec. 25.117(i) to a
broader universe of operators, and on whether it would be possible to
extend this process in any of the bands that require coordination.
Given the expedited process we establish in the Order by permitting
earth station operators to add new identified points of communication
without prior authorization, we find the procedures established in
Sec. 25.117(i) are no longer necessary. Specifically, because the
procedures adopted in Sec. 25.118(g) will simultaneously expand access
to an expedited process of adding a point of communication while also
protecting other spectrum users and ensuring that licensees adding
points of communication coordinate with affected users as required by
the Commission's rules. Accordingly, we eliminate Sec. 25.117(i) in
its entirety and find that the procedures we adopt today in Sec.
25.118(g) better promote efficiency because Commission resources will
no longer be spent processing applications that merely seek to add a
new point of communication. In addition, this change will eliminate
regulatory burdens on applicants, which will no longer need to file an
application simply to add points of communication. As a result the
Sec. 25.117(i) procedures and the proposed expansion are unnecessary.
Therefore, we remove Sec. 25.117(i) and instead adopt the revisions to
Sec. 25.118(g) discussed above.
14. Generally, commenters support the approach of including more
spectrum bands in the Sec. 25.117(i) process. We agree with this
premise but find that permitting earth station operators to add new
points of communication under the Sec. 25.118(g) process we establish
in the Order is better suited to the goal of eliminating regulatory
burdens and promoting efficiency. Specifically, the approach we adopt
in Sec. 25.118(g) establishes limits on when and how a licensee can
add a point of communication while still requiring that licensees
seeking to add a point of communication coordinate with other affected
users as needed, the new approach adopted in Sec. 25.118(g) will both
ease regulatory burdens and protect other spectrum users.
C. Expanding the List of Modifications Not Requiring Prior
Authorization
15. The current rules specify circumstances under which an operator
can make modifications to its existing license without prior
authorization. Depending on the nature of the modification, the
operator may be required to notify the Commission of the change within
30 days after the modification, notify the Commission in advance of
making the change, or make the change without notifying the Commission.
In the First Report and Order, the Commission sought comment on whether
to expand the list of modifications not requiring prior authorization
and, if the Commission were to expand the list, what notification
process should operators be required to follow.
16. Modifications to Earth Station Equipment Pursuant to Sec.
25.118(b)(1). In Sec. 25.118(b)(1), equipment in an authorized earth
station can be replaced without prior authorization and without
notifying the Commission ``if the new equipment is electrically
identical to the existing equipment.'' In the FNPRM, the Commission
sought comment on whether to expand upon the list of minor
modifications that can be made by operators without prior
authorization, including those identified in Sec. 25.118(b). We change
the Commission's rules to remove the language requiring equipment to be
``electrically identical'' and remove Sec. 25.118(b)(1) in its
entirety Although undefined in part 25, the term ``electrically
identical'' has been used in part 2 equipment authorization procedures
to mean equipment that is marketed under different names but is
otherwise identical. This parameter is overly restrictive as applied to
part 25. As a practical matter, unless the replacement earth station
equipment will increase harmful interference or increase the radiation
risk to humans beyond levels permitted by the Commission's rules, prior
authorization or notification is unnecessary. Accordingly, we delete
Sec. 25.118(b)(1) and revise Sec. 25.118(b)(2) to allow earth station
operators to replace equipment without prior authorization and without
notifying the Commission provided the replacement equipment does not
involve a change enumerated in Sec. 25.118(b)(2) or increase the
radiation risk to humans beyond the limits established in Sec.
25.115(p) and the earth station operator does not claim additional
interference protections. This revision to Sec. 25.118(b)(2) allows
operators the flexibility and predictability to change equipment so
long as it is not a change expressly enumerated in the rules as being
impermissible without an application. Although some commenters oppose
overly broadening Sec. 25.118, this decision agrees with commenters
who proposed broadening the scope of modifications not requiring prior
authorization, including permitting modifications that will not
negatively affect the interference environment. The proposal we adopt
will reduce regulatory burdens without creating negative impacts to
other users or causing a harmful change in the interference
environment.
17. NGSO Modifications, Notification Required. We will allow NGSO
space station operators to modify without prior authorization, upon 60
days prior notice to the Commission, the antenna, sensor or
microelectronics, provided that the changes do not cause: (1) an
increase in the transmit power, effective isotropic radiated power
(EIRP), EIRP density, out-of-band emissions, or a change in the antenna
pattern(s), or a change in the antenna gain characteristics beyond the
technical parameters specified in the underlying authorization; (2) a
change in the area-to-mass ratio of the satellite; (3) an increase in
the in-orbit collision risk; (4)
[[Page 41794]]
an increase in the re-entry risk; (5) an increase the risk of in
harmful interference to other system(s); or (6) an increase in the need
for harmful interference protection for the system.
18. The FNPRM sought comment on expanding the list of minor
modifications that can be made by NGSO space station operators without
prior authorization by the Commission. In response to the Commission's
request for comment, one commenter proposed to permit NGSO space
station operators to notify the Commission of any changes to the size
or mass of the satellite form factor, and changes to equipment and
sensors that do not involve: (1) an increased risk of harmful
interference to other systems not permitted by coordination agreements,
(2) a request for increased interference protection, (3) an increased
risk of causing orbital debris, or (4) a change in orbital altitude
unless it meets the criteria otherwise provided by Sec. 25.118 of the
Commission's rules. Other commenters supported this proposal.
19. We adopt this commenter's proposal with some modifications to
further the Commission's goals of providing operators with flexibility
and reducing administrative burdens while still ensuring that we retain
oversight over important technical details of the satellite system. In
addition, the changes we permit here allow an operator to make
modifications to their system as newer, more efficient technology is
developed. Further, we will require 60-days' notice prior to the change
to allow Commission staff the opportunity and time to review the
proposed modification, and if needed place the modification on public
notice. This 60-day timeframe, as opposed to a shorter timeframe,
ensures that if the modification is placed on public notice, there is
sufficient time for comment, Commission review, and for the operator to
make the change.
20. Removal of Satellite Points of Communication. In the FNPRM, the
Commission sought comment on a suggestion from commenters to allow
earth station operators to remove authorized points of communication
without prior authorization.
21. We adopt the proposal to permit earth station operators to
remove points of communication without prior authorization via
notifying the Commission of the change within 30 days of the
modification pursuant to Sec. 25.118 of the Commission's rules. We
find that requiring notification of the change within 30 days of the
modification is necessary because removing a point of communication
requires Commission staff to revise and reissue a license. Accordingly,
requiring notification will allow Commission staff to update the
license and ensure the license accurately reflects which points of
communication an individual earth station is permitted to communicate
with.
22. There is general support on the record to permit earth station
operators to remove points of communication without prior
authorization. We find that providing earth station operators the
flexibility to remove points of communication without prior
authorization will promote efficiency and reduce regulatory burdens as
well as ease administrative burdens on the Commission, allowing it to
dedicate staffing resources to other priorities.
23. Modification of Earth Station Antenna Identification. In the
FNPRM, the Commission sought comment on a suggestion from commenters to
permit earth station operators to modify antenna identification without
prior authorization. We adopt the proposal to permit earth station
operators to modify antenna identification without prior authorization
or notification to the Commission. We find that permitting earth
station operators to modify antenna identification without notice to
the Commission or prior authorization is appropriate because such a
change is purely administrative and clerical, and does not require
Commission review as there is no standard procedure for antenna
identification conventions. We note that if the applicant does require
the license be updated to reflect the new antenna identification, then
an applicant can seek a modification pursuant to Sec. 25.118(a) of the
Commission's rules, or can choose to inform the Commission as part of
any other application associated with the license such as renewal or
modification. This action will allow Bureau staff to update the license
to reflect the changed antenna identification should the applicant
wish.
24. Commenters agree with the proposal to permit earth station
operators to modify antenna identification without prior authorization.
We concur and find that providing earth station operators the
flexibility to modify antenna identification without prior
authorization or notice to the Commission will promote efficiency and
ease administrative burdens, allowing the Commission to dedicate
staffing resources to other priorities. Some commenters proposed
including all ``administrative changes'' as modifications not requiring
prior authorization or notice to the Commission. We decline to allow
for all administrative changes to be included as modifications not
requiring prior authorization or notice to the Commission because the
Commission's rules do not define ``administrative changes'' from other
types of changes. Instead, we remind applicants that a modification
requires prior Commission approval under Sec. 25.117 if it does not
fall under one of the provisions in Sec. 25.118 specifying
modifications that do not require prior approval.
25. Modification of Space Station Antenna Parameters. In the FNPRM,
the Commission sought comment on a proposal from a commenter to permit
NGSO space station operators to modify antenna parameters without prior
authorization so long as those changes fall within the authorized
parameters of the satellite system and the operator provides notice to
the Commission after the modification is made. Most commenters support
the proposal to permit NGSO space station operators to modify antenna
parameters without prior authorization, though some disagree citing the
increased potential for interference. Rather than permitting operators
to make the change prior to notification to the Commission, we instead
allow changes to antennas, sensors, or microelectronics to be made to
NGSO systems without authorization, upon 60 days prior notice to the
Commission, as outlined herein. We find that other actions we take
today to allow NGSO operators to make certain changes without prior
authorization and upon notice to the Commission strike an appropriate
balance between ensuring efficiency and reducing unnecessary regulatory
burdens on operators, and ensure that operators are protected from
harmful interference.
26. GSO Operations During Relocation. In the FNPRM, the Commission
sought comment on a proposal from a commenter to permit operations
beyond telemetry, tracking and command functions (TT&C) to continue
during GSO satellite relocation drifts so long as the operator
certifies that the ``operations are limited to coordinated
transmissions during the relocation and drift transition period.'' We
adopt the proposal to permit GSO operators to continue operations
during relocation and drift subject to certain conditions.
Specifically, operations must be on an unprotected, non-harmful
inference basis and all operations must be coordinated with any
existing GSO space station.
27. Some commenters argue in favor of this approach, while others
oppose modifying the existing rules because an STA or a waiver is
available to operators seeking to continue satellite operations
[[Page 41795]]
during GSO relocation. While we recognize an STA or waiver is available
to operators seeking to continue satellite operations during
relocation, we disagree with commenters that this weighs against
modifying the Commission's existing rules. We find that the actions we
take today will promote efficiency by reducing unnecessary regulatory
burdens on operators. There is minimal risk of interference in allowing
GSO operations beyond TT&C during relocation, given that operations in
different locations for a GSO are already authorized by the Commission.
28. Repositioning of NGSO Space Stations. In response to the
Commission's request for comment on whether and how to expand the list
of modifications not requiring prior authorization, one commenter
suggested permitting NGSO space station operators to make modifications
to their orbital configuration or to add replacement satellites without
prior authorization and subject to a reduced notice requirement. We
decline to adopt this proposal at this time absent a more comprehensive
record, but note that this concept may be worth exploring further as
part of the Commission's future modernization efforts.
D. Updating Procedural Rules
29. Eliminating Printed Hardcopies Requirement. Under the
Commission's current rules, operators must retain an original paper
copy of an electronically filed Form 312. In the FNPRM, the Commission
sought comment on its proposal to eliminate the requirement for
operators to retain an original paper copy of an electronically filed
application. We now eliminate this requirement consistent with the
reasoning articulated in the FNPRM to maximize efficiency and eliminate
regulatory burdens, and with the overwhelming support in the record.
30. Change of Default Ex Parte Status of Space Station and Earth
Station Applications. Under the Commission's ex parte rules, space and
earth station applications are classified as ``restricted'' proceedings
by default because they are applications for authority under Title III
of the Communications Act. In restricted proceedings, ex parte
presentations, i.e., written presentations not served on the parties in
the proceeding or oral presentations made without advance notice to
other parties and an opportunity to be present, are prohibited. In a
restricted proceeding with only one party, such as an uncontested
application, the sole party may freely make presentations to the
Commission because there is no other party to be served or with a right
to be present. The Commission may modify applicable ex parte rules in a
particular proceeding, such as a change to an application's status, if
it is in the public interest to do so. The Commission may also change
an application's ex parte status for various reasons, including because
the application covers the same subject area as a related rulemaking
proceeding or the topic to be discussed in a particular application has
applicability across a wide number of applications.
31. In the FNPRM, the Commission sought comment on its proposal to
change the status of space and earth station applications, including
requests for U.S. market access through non-U.S. licensed space
stations, to the list of proceedings that are categorized as ``permit-
but-disclose'' in the Commission's rules, i.e., ex parte presentations
are permitted but must be disclosed. We now amend part 1 of the
Commission's rules to add ``applications for space and earth station
authorization, including requests for U.S. market access through non-
U.S. licensed space stations'' to the list of proceedings that are
``permit-but-disclose'' under Sec. 1.1206(a) of the Commission's
rules. Because of the fast pace of change in the satellite industry and
the fact that most spectrum use is shared with other users, many
applications contain information important to a broad cross section of
services and operations both in space and terrestrially. Thus,
designating these applications as permit-but-disclose by default serves
the public interest by making it easier for stakeholders to communicate
with Commission staff while increasing transparency for the public. As
SIA notes, the Commission frequently treats contested application
proceedings as ``permit-but-disclose'' for these reasons. Further, by
changing the default status, the Commission will no longer need to
devote staff resources to changing individual applications from
``restricted'' to ``permit-but-disclose'' status in circumstances
warranting broader participation, and stakeholders will no longer need
to petition the Commission to make this change. Additionally, this
change reduces the risk that new space industry entrants or entrants
from other countries will inadvertently submit impermissible ex parte
presentations in a restricted proceeding, and minimizes the expenditure
of public and private resources associated with addressing inadvertent
violations.
32. There is general support from commenters to change the default
status of space and earth station applications from ``restricted'' to
``permit-but-disclose.'' One commenter recommends the Commission
provide guidance on the applicable rules in different proceedings in
order to avoid confusion for inexperienced parties. The Commission
already publishes its ex parte rules and related information on its
website, and the Bureau provides additional guidance as part of its
Transparency Initiative, which is published on the Bureau website.
E. Expanding Timeframes for Filing License Renewal and Replacement
Applications
33. Earth Station Renewal Window. Under the Commission's current
rules, earth station license holders may seek a renewal of their
license no earlier than 90 days and no later than 30 days prior to the
expiration of the license term. In the FNPRM, the Commission sought
comment on a proposal to expand the window for earth station operators
to file an application for renewal from no earlier than 180 days and no
later than 30 days prior to the expiration of the existing license, and
on any alternatives to expand the filing window. Additionally, the
Commission tentatively declined to expand the renewal application
period up to the license expiration date because of the increased
administrative burden to Commission staff, which would increase
inefficiency.
34. After considering the comments submitted on this issue, we
amend Sec. 25.121(e) to expand the filing window for earth station
renewal applications to allow applicants to file for renewal no earlier
than 12 months, and no later than 30 days, prior to the expiration of
the existing license. We agree that expanding the filing window for
earth station applications allows more flexibility for operators, and
will not negatively impact Commission processing. Moreover, we find
that requiring licensees to file a request for renewal no later than 30
days prior to the expiration of the existing license--as required under
current rules--is necessary to ensure sufficient time for any necessary
review and to ensure that if a renewal application requires revisions
or changes an applicant will be able to make those changes prior to the
expiration of the license.
35. Many commenters support expanding the renewal window for earth
station licenses. Some commenters support the proposal to expand the
timeframe to allow earth station licensees to file an application for
[[Page 41796]]
renewal no earlier than 180 days prior to the license expiration date,
while other commenters suggest further expansion of the timeframe to
365 days or 12 months prior to the license expiration date. We find
that amending Sec. 25.121(e) to expand the opening of the renewal
filing window to 12 months before license expiration is a better option
because doing so provides an ample application window to support
operator flexibility while also being easy to administer. Additionally,
SIA proposes we eliminate the existing filing windows for earth station
applications for renewal. As provided above, we expand the timeframe in
which a renewal application can be filed, but retain the requirement
that earth station licensees file an application for renewal at least
30 days prior to the expiration of the license term.
36. NGSO Space Station Replacement Window. We expand the filing
window for NGSO space station replacements to allow applicants to file
for renewal no earlier than 12 months, and no later than 30 days, prior
to the expiration of the existing license. The Commission's current
rules require NGSO space station licensees to file applications for
replacement no earlier than 90 days and no later than 30 days prior to
the end of the 12th year of the existing 15-year license term. In the
FNPRM, the Commission sought comment on whether it should consider
expanding the filing window within the twelfth year of the existing
term for NGSO space station operators as another means of providing
flexibility for applicants. We find that a single, expanded timeframe
for both earth station and space station renewals provides operators of
NGSO systems with a simple and consistent set period in which they can
seek renewals. We are also persuaded that having a very early filing
window during the twelfth year of a fifteen year license is not
necessary for the review of the renewal application, especially given
the steps the Bureau continues to take to reduce processing timeframes.
A filing window which commences at the start of the final year of the
expiration date of the license provides sufficient time for review by
the Commission. As we explained in the discussion of the earth station
renewal window, we require that the application be filed no later than
30 days prior to the expiration of the license to ensure sufficient
time for review.
37. All commenters support expanding the filing window for NGSOs,
while many propose eliminating the existing window and creating a
uniform, year-long window for both earth station and NGSO license
renewals during the final year of the license. We recognize commenters'
interest in a uniform window for earth station and NGSO operators, we
no longer find it appropriate to maintain two distinct renewal filing
windows, establish a uniform filing window that maintains the
opportunity for Commission review.
38. Market Access and Requests for STA. We adopt the proposal to
permit non-U.S. licensed satellite operators that have been granted
market access to seek special temporary access pursuant to the
procedures set forth in Sec. 25.120 of the Commission's rules. Non-
U.S. licensed operators must first receive a grant of U.S. market
access by filing a petition for declaratory ruling, including the
operating parameters of the proposed system. Under the current
framework, U.S. satellite licensees may apply for STA to make certain
changes to the operating parameters of their satellites under certain
circumstances. If a non-U.S. licensed satellite operator that has been
granted market access seeks to make similar changes, however, the
Commission's rules do not provide for the filing of an STA request and
instead the operator must file the equivalent of a modification
application seeking authority to operate under the requested
parameters. In practice, due to the inability of market access grantees
to obtain STAs, each U.S. earth station licensee operating with the
non-U.S. licensed satellite must request an STA to operate using the
revised technical parameters while the market access grantee's
modification application for approval of the changes to its operating
parameters is pending. This process, however, is limited to changes to
the operating parameters related to earth station operations.
39. In the FNPRM, the Commission sought comment on whether to
permit non-U.S. licensed space station operators that have been granted
market access to request and receive an equivalent of an STA to
communicate with U.S.-licensed earth stations. There is general support
on the record for the proposal to amend the Commission's rules to
permit market access applicants to seek and receive grants of special
temporary access. We agree with commenters that the existing process
imposes an unnecessary regulatory burden on market access grantees as
well as an administrative burden on the Commission, as the end result
requires each U.S. earth station licensee operating with the non-U.S.
licensed space station to file individual applications seeking STA. We
find that permitting market access grantees to request special
temporary access will promote efficiency by eliminating the need for
each U.S. earth station licensee operating with the market access
grantee to request operational changes through an earth station STA
request, which complicates the process for the market access grantee.
Additionally, we find the action we take today will reduce the burden
on Commission staff as filings to change operating parameters via earth
stations must be done for each individual earth station resulting in
multiple filings versus a single special temporary access for the space
station. We decline, however, to allow initial market access via the
special temporary access request because there are special
considerations related to country of origin, competition, and ITU
registration that must be considered before permitting a non-U.S.
licensed system to access the market. Prior to seeking special
temporary access, the non-U.S. licensed operator must first file a
petition for declaratory ruling and receive a grant of market access
pursuant to the existing procedure to obtain such grants. Once a grant
of market access is received, the market access grantee may make
changes to its operating parameters using the special temporary access
procedures we adopt today.
40. Concurrent STA Requests. Pursuant to the framework set forth in
the Commission's rules, the Commission may grant earth and space
station operators an STA for up to either 30 or 60 days in certain
circumstances without public notice, or for up to 180 days if the
request is placed on public notice. In the FNPRM, the Commission sought
comment on a proposal raised by commenters to permit operators to
request multiple extensions of an initial 60-day STA as part of the
same initial STA application. The Bureau has already taken special
temporary measures to expedite STA processing to a period of seven days
after public notice--rather than 30 days after public notice. These
actions have significantly reduced the number of pending STAs, and
facilitated faster processing of 180-day STAs--obviating the need for
60 day extensions in many cases. We agree with commenters that the STA
process generally is in need of reexamination, and we plan to address
the process holistically as part of future modernization efforts.
F. Feasibility of a Permitted List for NGSO Operations
41. Under the Commission's current rules, earth station operators
may specify points of communication with authorized GSO space stations
providing fixed-satellite service in
[[Page 41797]]
certain frequency bands where GSO fixed-satellite service has primary
status, under the Permitted List procedure. The Permitted List allows
earth stations operators to add space stations on the Permitted List as
points of communication to their existing license without requiring an
application and approval by the Commission. For space stations that are
not on the Permitted List and for operations that fall outside
``routine'' earth station technical parameters, applications to add
satellite points of communication are required. In the FNPRM, the
Commission sought further comment on the feasibility of allowing earth
station applicants to specify that they will communicate with certain
authorized NGSO systems, similar to the existing Permitted List
procedures for earth station communications with GSOs.
42. We decline to adopt, at this time, a Permitted List for NGSO
space stations as we do not have enough information on the record to
determine whether the administrative burdens of establishing and
maintaining such a list is warranted. Few commenters address this
issue. Some commenters raise concerns about establishing a Permitted
List for NGSOs such as increased risk of aggregate interference levels,
consuming available spatial look angles, and impacts to competition.
However, because the considerations vary based upon spectrum band, we
are unable to determine at this time whether such a list is a workable
solution for specific bands. There may be merit to further considering
this issue as we continue the Commission's modernization initiatives.
G. Timing for Completion of Application Review
43. In the FNPRM, the Commission sought additional comment on
implementing timeframes for application review, including whether to
impose shot clocks for final action on certain types of space station
or earth station applications, and relevant comparisons to other forms
of timelines or shot clocks. Although we find that there may be a
benefit to establishing either internal or external shot clocks, we
decline to pursue broad adoption at this time. We may seek further
comment in a future proceeding to explore the implementation of shot
clocks as needed. In any event, the actions taken today to permit earth
station operators to more easily add and remove satellite points of
communication, permit NGSO licensees to make certain modifications
without prior authorization, and establish shot clocks for certain
earth station renewal applications as discussed below, will reduce
administrative burdens and expedite staff review of applications.
44. Although we decline at this time to adopt broad final action
shot clocks for space station and earth station applications, we do
adopt a 30-day shot clock for earth station renewal applications that
meet the criteria set forth here. Earth station renewal applications
are typically routine, and we find that establishing shot clocks for
final action on these applications will promote efficiency and preserve
scarce Commission resources. To this end, if the Bureau does not
affirmatively act on a renewal application or place it on public notice
within 30 days of the application filing date and filing fee paid, the
renewal will be automatically granted without further action. This 30-
day shot clock does not apply to earth station renewal applications
that: (1) include an application for modification; (2) make any changes
to currently authorized operating parameters; or (3) seek to operate in
frequency bands subject to a freeze or limitations.
45. The majority of commenters oppose implementing shot clocks for
final action on space station or earth station applications. Of the few
that support shot clocks, some commenters suggest internal review
milestone shot clocks limited to sending applications to the National
Telecommunications and Information Administration (NTIA) for
coordination, or for seeking clarification from applicants after the
public notice period. Other commenters suggest final action shot clocks
on all types of licenses, while the remainder suggest limited final
action shot clocks for ``routine'' earth station applications or for
NGSOs that are outside of processing rounds. As discussed above, while
we recognize there may be benefits to establishing either internal or
external shot clocks, the practical and technical complexities of space
station and earth station licensing coupled with conflicting views from
the industry warrant exploration of this proposal in a future
proceeding except in the specific case of earth station renewals. The
Commission remains committed to speed, efficiency, and eliminating
regulatory burdens on applicants, and the steps we take today mark the
Commission's initial efforts to streamline and modernize the licensing
process.
H. Streamlining Inter-Agency and Inter-Bureau Coordination and
Eliminating Duplicative Coordination Requirements
46. Radiofrequency spectrum is a limited resource for
communications, and many frequency bands are allocated on a shared
basis between various types of operators, including federal and non-
federal users. To facilitate shared use of frequency bands and to avoid
harmful interference between operators, the Commission's bureaus and
offices coordinate among each other, and the Commission coordinates
with other agencies such as NTIA. Under the current coordination
procedures with NTIA, earth stations are identified and coordinated in
the satellite application and conditions are placed on the satellite
authorization regarding communication parameters with the specified
earth stations. Then, as part of the earth station license application,
the same earth stations that were previously coordinated at the space
station authorization stage are yet again coordinated with NTIA. In the
FNPRM, the Commission sought comment on measures to expedite
coordination process, including how to make the inter-agency review
process in spectrum bands shared with federal operators more efficient,
and ways to eliminate duplicative coordination requirements. The
Commission also sought comment on how to eliminate duplicative
coordination requirements for earth and space station operators,
including the possibility of coordinating the earth station sites and
frequencies utilized with those earth stations once as part of either
the space station or earth station coordination with NTIA. Generally,
commenters support efforts to increase processing speed and eliminate
inefficiencies in the inter-agency coordination processes, eliminate
duplicative coordination requirements, and point to specific frequency
bands in which duplicative coordination tends to occur.
47. We agree with commenters that eliminating duplicative
coordination will increase efficiency. The Commission will continue to
update internal processes, including inter-bureau coordination
procedures, to address inefficiencies and eliminate unnecessary
regulatory burdens. In addition, the Commission will continue to work
with NTIA on changes to the existing inter-agency coordination process
that will promote speed and efficiency. We will announce additional
changes at a later date as these internal processes are finalized.
I. Additional Comments Raised
48. In the FNPRM, the Commission sought further comment to develop
the record on additional proposals to streamline the part 25 licensing
framework. In response, some commenters advocate for additional rule
and policy changes including: (1) limits
[[Page 41798]]
on the use of ``bespoke'' conditions and instead issue standardized
conditions for satellites; (2) use the call sign and entity name in the
point of communication for an earth station license as opposed to using
a snapshot of the system's orbital configuration at the time of
authorization; (3) publication of application processing data, and (4)
revised proposed rules to align with environmental concerns per the
National Environmental Policy Act (NEPA) and Council on Environmental
Quality guidelines. We decline to adopt the proposals submitted by
commenters as described above because they are outside the scope of
this proceeding. We may explore such suggestions in future
modernization efforts. We also note that the Bureau already identifies
points of contacts on earth station licenses using the call sign when
available. Some authorizations, however, are specific to orbital slots
and therefore require identification beyond use of the call sign.
J. Benefits and Costs
49. We find that the rules we adopt today will promote efficiency
in the Commission's processing of space and earth station applications
and significantly reduce regulatory compliance costs. Applying
conservative assumptions, we estimate that the Commission's actions
would result in annual cost savings of approximately $45,000. These
costs savings are in addition to more difficult to quantify, but
nevertheless important benefits such as enhanced flexibility in
regulatory compliance and more efficient application processing.
50. We implement the following proposals in the Order. We offer
licensees significantly greater flexibility by adopting a new licensing
process for earth station operators, allowing them to receive a license
without specifying a satellite point of communication and to more
easily remove previously identified points of communication. We take
deregulatory steps to allow operators to more freely implement certain
system changes by expanding the range of circumstances under which they
can modify their existing licenses without prior Commission
authorization. We further promote flexibility in the application
process by adopting rules that extend the timeframe for license renewal
applications, change the default ex parte status of all applications to
``permit-but-disclose,'' and allow non-U.S.-licensed market access
grantees to receive a grant of special temporary access. We reduce
regulatory burden by eliminating the procedural requirement to retain
paper copies of applications. Finally, we promote regulatory efficiency
by adopting a 30-day shot clock for earth station renewal applications.
51. The estimate that the deregulatory steps we take today will
result in annual cost savings of approximately $45,000. This reduction
will occur in two specific areas. First, we estimate that costs
associated with applications to update points of communication,
including expenses related to salaries, benefits, and filing fees--will
decrease by approximately $34,000 annually. This estimate is based on
reduced attorney filing times and savings from application fees across
an anticipated 44 filings per year. Second, we estimate a cost
reduction of approximately $11,000 annually associated with the
elimination of hard copy retention requirements. This figure is based
on decreased paralegal time needed for an estimated 3,000 applications
per year.
IV. Final Regulatory Flexibility Analysis
52. As required by the RFA, the Commission incorporated an Initial
Regulatory Flexibility Analysis (IRFA) in the FNPRM released in
September 2023. The Commission sought written public comment on the
proposals in the FNPRM, including comment on the IRFA. No comments were
filed addressing the IRFA. The FRFA conforms to the RFA.
A. Need for, and Objectives of, the Rules
53. In recent years, the Commission has received an unprecedented
number of applications for earth and space station licenses. The Order
facilitates and expedites the acceptance for filing of earth and space
station applications under 47 CFR part 25 and adopts other streamlining
measures to keep pace with the growing demand for satellite services
and innovative satellite operations. This rulemaking will open new
modes of business to further fuel the growth of the space economy,
eliminate unnecessary and burdensome requirements on earth and space
station operators, and promote efficiency and eliminate administrative
burdens.
54. The Order adopts changes to Commission's rules aimed at
removing barriers and regulatory burdens on earth and space station
operators. Specifically, the Order revises Sec. 1.1206(a) to
reclassify the status earth and space station applications as permit-
but-disclose pursuant to the Commission's ex parte rules; Sec.
25.115(a)(5)(i) to establish a baseline license for earth station
applicants that do not require an identified point of communication
prior to receiving a grant of authority to operate; Sec. 25.118(a)(3)
allowing earth station operators to remove a point of communication
without prior authorization; Sec. 25.118(b)(2) to expand equipment
modifications to authorized earth stations that operators can make;
Sec. 25.118(e)(4) to enable GSO space station operators to conduct
operations beyond telemetry, tracking, and command during relocation
without prior authorization; and Sec. 25.121(e) to extend the
timeframe for earth and space station licensees to file an application
for renewal. Additionally, the Order removes and reserves Sec.
25.110(e), eliminating the requirement that the applicant maintain
paper copies of their application; removes Sec. 25.117(i), eliminating
a limited procedure for earth station licensees to add identified
points of communication; removes and reserves Sec. 25.118(b)(1),
eliminating a redundant rule that could cause confusion with Sec.
25.118(b)(2). Finally, the Order adds Sec. 25.118(b)(3) which allows
for earth station operators to modify antenna identification without
prior authorization and without providing notice to the Commission;
Sec. 25.118(g), enabling earth station operators to add a point of
communication provided certain criteria are met; Sec. 25.118(h) to
permit certain modifications to NGSOs upon 60-days' notice to the
Commission; and Sec. 25.137(h), permitting non-U.S. licensed market
access grantees to request special temporary access pursuant to the
procedures for special temporary authorization typically available to
U.S. licensees.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
55. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
56. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments the
Chief Counsel for Advocacy of the Small Business Administration (SBA)
filed in this proceeding, and provide a detailed statement of any
change made to the proposed rules as a result those comments. The Chief
Counsel did not file any comments in response to the proposed rules or
policies in this proceeding.
[[Page 41799]]
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
57. 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. The RFA generally defines the
term ``small entity'' as having the same meaning as under the Small
Business Act. 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 SBA.
58. Satellite Telecommunications. This industry comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The SBA small business size standard for this
industry classifies a business with $44 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Consequently, using the
SBA's small business size standard most satellite telecommunications
service providers can be considered small entities. The Commission
notes however, that the SBA's revenue small business size standard is
applicable to a broad scope of satellite telecommunications providers
included in the U.S. Census Bureau's Satellite Telecommunications
industry definition. Additionally, the Commission neither requests nor
collects annual revenue information from satellite telecommunications
providers, and is therefore unable to more accurately estimate the
number of satellite telecommunications providers that would be
classified as a small business under the SBA size standard.
Additionally, based on Commission data in the 2024 Universal Service
Monitoring Report, as of December 31, 2023, there were 57 providers
that reported they were engaged in the provision of satellite
telecommunications services. Of these providers, the Commission
estimates that approximately 40 providers have 1,500 or fewer
employees. Consequently, using the SBA's small business size standard,
a little more than half of these providers can be considered small
entities.
59. All Other Telecommunications. This industry is comprised of
establishments 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. Providers of
internet services (e.g. dial-up ISPs) or Voice over Internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $40 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
E. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
60. The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
61. The Order amends rules that are applicable to earth and space
station operators that request a license or authorization from the
Commission, or by entities requesting that the Commission grant a
request for U.S. market access. The changes adopted in the Order, as
described below, will decrease the burden for small entities and other
operators by streamlining or eliminating unnecessary regulatory
burdens. Specifically, the Order eliminates the rule requiring
applicants to maintain paper copies of their application, reclassifies
the status of earth and space station applications as permit-but-
disclose under the Commission's ex parte rules, and eliminates an
outdated, limited process for earth station operators to add or remove
identified points of communication. The Order also revises the
Commission's rules to expand the timeframe for licensees to file an
application for renewal, from the previous timeframe of no earlier than
90 days and no later than 30 days prior to the expiration, to the
revised timeframe of 12 months and no later than 30 days prior to
expiration.
62. Further, the Order expands certain equipment modifications to
authorized earth stations that operators can make without prior
authorization, so long as the equipment will not cause an increase in
harmful interference or radiation risk to humans. The Order also
permits earth station operators to modify antenna identification
without prior authorization or notice to the Commission, and allows GSO
space station operators to continue operations during relocation.
Additionally, the Order permits NGSO space station operators to make
certain modifications upon 60 day notice without prior authorization,
provided that the changes do not cause an increase in certain power,
antenna patterns, area-to-mass ratio of the satellite, in-orbit
collision risk, re-entry risk, or harmful interference to other
systems. Finally, the Order creates a baseline license for earth
station applicants with flexibility to add identified points of
communication and a process to obtain special temporary access for non-
U.S. licensed market access. In light of these burden-reducing effects
of these rule amendments and the elimination of some rules, the
Commission does not believe that small entities will have to hire
additional professionals to comply with the Order because the new and
revised rules eliminate or reduce previous licensing requirements for
small and other operators. Further, we utilize existing systems and
processes that small operators should be familiar with, and make
changes that require the minimum information necessary to achieve the
above stated goals.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
63. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect
[[Page 41800]]
the impact on small entities was rejected.''
64. The Commission considered alternatives to the rule revisions we
adopt today and takes steps to remove unnecessary regulatory burdens
that will better facilitate the licensing process for new industries,
and also minimize potential significant economic impact on small
entities. For example, as discussed in section E above, in the Order,
we eliminate or reduce filing burdens on small entities by eliminating
the rule requiring applicants to maintain paper copies of their
application, expand the timeframes for licensees to file an application
for renewal, and expand equipment modifications to authorized earth
stations that operators can make without prior authorization. The
Commission selected these alternatives to the existing rules because
they are consistent with the Commission's goals of providing
flexibility and reducing regulatory burdens for operators. Further,
commenters support many of these changes, such as expanding the filing
window for earth station renewal applications to no earlier than 12
months, and no later than 30 days, prior to the expiration of the
existing license. However, we declined to adopt other alternatives,
such as including all administrative changes as modifications, and
instead will rely upon the specific prohibitions enumerated in the
revised rules. Other proposals, involving alternatives to permit NGSO
space station operators to make modifications to their orbital
configuration, establishing a Permitted List for NGSOs, and imposing
shot clocks for final action on certain types of applications, were not
adopted because there is not enough information on the record to
support changes at this time. Finally, some proposals, including such
alternatives as imposing limits on the use of ``bespoke'' conditions,
using the call sign and entity name in the point of communication for
an earth station license, publishing application processing data, and
revising proposed rules to align with environmental concerns, were not
adopted because they were outside the scope of this proceeding.
G. Report to Congress
65. The Commission will send a copy of the Order, including the
FRFA, in a report to Congress pursuant to the Congressional Review Act.
In addition, the Commission will send a copy of the Order, including
the FRFA, to the Chief Counsel for Advocacy of the SBA and will publish
a copy of the Order and the FRFA (or summaries thereof) in the Federal
Register.
V. Ordering Clauses
66. It is ordered, pursuant to Sections 4(i), 7(a), 301, 303, 307,
308, 309, 310, 332 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 157(a), 301, 303, 307, 308, 309, 310, 332, that the
Order is adopted.
67. It is further ordered that the Order shall be effective 30 days
after publication in the Federal Register, with the exception of
revisions to Sec. Sec. 25.110(e), 25.117(i), 25.118(a)(3),
25.118(b)(1), (2), and (3), and (e)(4), and (h), and 25.137(h), which
may contain new or modified information collection requirements and
will not be effective until after OMB completes any review the Bureau
determines is required under the PRA and provide an effective date by
subsequent Public Notice.
68. It is further ordered that the Office of the Secretary, shall
send a copy of the Order, including the FRFA Analysis, to the Chief
Counsel for Advocacy of the SBA, in accordance with Section 603(a) of
the RFA.
69. It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of the Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act.
List of Subjects
47 CFR Part 1
Practice and procedure, Reporting and recordkeeping requirements,
Telecommunications, Wireless radio services.
47 CFR Part 25
Administrative practice and procedure, Satellites.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Office, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1 and 25 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
2. Amend Sec. 1.1206 by adding paragraph (a)(12) to read as follows:
Sec. 1.1206 Permit-but-disclose proceedings.
(a) * * *
(12) Applications for space and earth station authorizations,
including requests for U.S. market access through non-U.S. licensed
space stations.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
Sec. 25.110 [Amended]
0
4. Delayed indefinitely, amend Sec. 25.110 by removing and reserving
paragraph (e).
0
5. Amend Sec. 25.115 by revising paragraph (a)(5)(i) to read as
follows:
Sec. 25.115 Applications for earth station authorizations.
(a) * * *
(5) * * *
(i) A detailed description of the service to be provided, including
frequency bands and satellites to be used. The applicant may 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.
* * * * *
Sec. 25.117 [Amended]
0
6. Delayed indefinitely, amend Sec. 25.117 by removing and reserving
paragraph (i).
0
7. Amend Sec. 25.118 by adding paragraph (g) to read as follows:
Sec. 25.118 Modifications not requiring prior authorization.
* * * * *
(g) Adding satellite points of communication. An earth station
operator may add a point of communication without prior authorization,
provided:
(1) The operator has permission from the satellite operator to
communicate with the satellite system;
(2) The earth station operator does not repoint the earth station's
antenna beyond any coordinated range;
(3) Adding a point of communication does not result in an increased
risk of harmful interference;
(4) Adding the point of communication does not involve any change
to authorized frequencies; and
(5) The added point of communication is not a satellite that does
not have U.S. market access. An earth station applicant may begin
[[Page 41801]]
operating with the added point of communication under this rule part
after both electronically filing Form 312 and Schedule B in the
International Communications Filing System (ICFS) in accordance with
the applicable provisions of part 1, subpart Y of this chapter and
paying the applicable filing fee. This filing shall constitute a
conditional authorization. The conditional authorization will
automatically expire and the operator must terminate operations
immediately using the new point of communication if, within 15 days of
paying the filing fee, the Commission notifies the earth station
operator that the added point of communication does not comply with
requirements of this paragraph. If the Commission does not provide the
foregoing notice within the prescribed period, the conditional
authorization will automatically expire and the license will be
modified in ICFS to add the point of communication as of the date of
payment of the filing fee. Nothing in this rule part prohibits the
Commission from pursuing enforcement action after the lapse of the 15-
day period for noncompliant operation, including noncompliant operation
occurring during the period of conditional authorization.
0
8. Delayed indefinitely, amend Sec. 25.118 by:
0
a. Revising paragraph (a)(3);
0
b. Removing and reserving paragraph (b)(1);
0
c. Revising paragraph (b)(2);
0
d. Adding paragraph (b)(3);
0
e. Revising paragraph (e)(4); and
0
f. Adding paragraph (h).
The revisions and additions read as follows:
Sec. 25.118 Modifications not requiring prior authorization.
(a) * * *
(3) An earth station operator may remove a point of communication
without prior authorization.
* * * * *
(b) * * *
(1) [Reserved]
(2) Licensees may make other changes to their authorized earth
stations, including replacing equipment or the addition of new
transceiver/antenna combinations, without notifying the Commission,
provided the modification does not involve:
(i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
(ii) Additional operating frequencies;
(iii) A change in polarization;
(iv) An increase in antenna height;
(v) Antenna repointing beyond any coordinated range; or
(vi) A change from the originally authorized coordinates of more
than 1 second of latitude or longitude for stations operating in
frequency bands shared with terrestrial systems or more than 10 seconds
of latitude or longitude for stations operating in frequency bands not
shared with terrestrial systems.
(vii) additional interference protections; or
(viii) increased radiation to humans beyond the limits permitted by
the Commission's rules.
(3) An earth station operator may modify the antenna identification
for its authorized earth stations without prior authorization and
without notifying the Commission.
* * * * *
(e) * * *
(4) The licensee certifies that all operations during the drift
will be conducted on an unprotected, non-harmful interference basis and
that all operations will be coordinated with any existing GSO space
stations to ensure that no unacceptable interference results from
operations during the relocation.
* * * * *
(h) NGSO modifications, 60-day notification required. NGSO space
station licensees may make the following modifications upon notifying
the Commission and any potentially affected licensed spectrum user at
least 60 days prior to implementation of the change, provided the
operator certifies in the notice that it meets the following
requirements. The notification must be filed electronically on FCC Form
312 through the International Communications Filing System (ICFS), or
any successor system as announced via public notice, in accordance with
the applicable provisions of part 1, subpart Y of this chapter:
(1) NGSO space station operators may change an antenna, sensor or
microelectronics so long as the changes do not cause:
(i) An increase in the transmit power, EIRP, EIRP density, out-of-
band emissions, or change in the antenna pattern(s) or antenna gain
characteristics beyond any technical parameters specified in the
underlying authorization;
(ii) A change in the area-to-mass ratio of the satellite;
(iii) An increase in the in-orbit collision risk;
(iv) An increase in the re-entry risk;
(v) An increase in the risk of harmful interference to other
system(s); or
(vi) An increase in the need for harmful interference protection
for the system.
0
9. Amend Sec. 25.121 by revising paragraph (e) and adding paragraph
(g) to read as follows:
Sec. 25.121 License term and renewals.
* * * * *
(e) Renewal of licenses. Applications for renewals of earth station
licenses must be submitted on FCC Form 312R no earlier than 12 months,
and no later than 30 days, before the expiration date of the license.
Applications for space station system replacement authorization for
non-geostationary orbit satellites shall be filed no earlier than 12
months, and no later than 30 days, before the expiration date of the
license.
* * * * *
(g) Autogrant procedures for certain earth station renewals. An
application for renewal of an earth station license will be deemed
granted without any further action by the Commission 30 days after
filing and paying any associated regulatory fees if the application
meets all of the following criteria:
(1) The renewal application does not make any modifications to the
license;
(2) The renewal application does not make any changes to the
currently authorized operating parameters;
(3) The renewal application is not for operations in a frequency
band that is subject to a freeze on new or renewed licenses or is
restricted in how a license may be renewed; and
(4) The Commission does not choose to place the application on
public notice pursuant to Sec. 25.151.
0
10. Delayed indefinitely, amend Sec. 25.137 by adding paragraph (h) to
read as follows:
Sec. 25.137 Requests for U.S. market access through non-U.S.-licensed
space stations.
* * * * *
(h) A non-U.S. licensed space station operator with a grant of
market access may seek special temporary access for operations under
the procedures set forth in Sec. 25.120.
[FR Doc. 2025-16375 Filed 8-26-25; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 27, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.