11880 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart II—North Carolina 

■ 2. In 52.1770, amend the table in 

paragraph (c)(1) by revising the entry for 

‘‘Section .0306’’ under ‘‘Subchapter 2Q 

Air Quality Permits’’, under ‘‘Section 

.0300 Construction and Operating 

Permits’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

(1) EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State 

effective date EPA approval date Explanation 

*******

Subchapter 2Q Air Quality Permits 

*******

Section .0300 Construction and Operating Permits 

*******

Section .0306 ........... Permits Requiring Public Participation ...... 4/1/2018 3/1/2021, [Insert citation of publication].

*******

* * * * * 

[FR Doc. 2021–04064 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 18–314; FCC 20–159; FRS 

17350] 

Further Streamlining FCC Rules 

Governing Satellite Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or we) streamlines its 

rules governing satellite services by 

creating an optional framework for the 

authorization of blanket-licensed earth 

stations and space stations in a satellite 

system through a unified license. The 

Commission also aligns the build-out 

requirements for earth stations and 

space stations and eliminates 

unnecessary reporting rules. 

DATES: Effective March 31, 2021, except 

instruction 6 adding 47 CFR 25.136(h) 

which is delayed. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

of 47 CFR 25.136(h). 

FOR FURTHER INFORMATION CONTACT: Clay 

DeCell, Clay.DeCell@fcc.gov, 202–418– 

0803, or if concerning the information 

collections in this document, Cathy 

Williams, Cathy.Williams@fcc.gov, 202– 

418–2918. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 20–159, adopted 

November 18, 2020, and released 

November 19, 2020. The full text of the 

Report and Order is available at https:// 

docs.fcc.gov/public/attachments/FCC20-159A1.pdf. To request materials in 

accessible formats for people with 

disabilities, send an email to FCC504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

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 this rule is ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Second Report and 

Order to Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Synopsis 

In this Report and Order, the 

Commission streamlines its rules 

governing satellite services by creating 

an optional framework for authorizing 

both the blanket-licensed earth stations 

and space stations of a satellite system 

through a unified license. We also align 

the build-out requirements for earth 

stations and space stations and 

eliminate unnecessary reporting rules. 

These changes will reduce regulatory 

burdens, simplify the Commission’s 

licensing of satellite systems, and 

provide additional operational 

flexibility. 

A. Unified License for Space Station 

and Blanket-Licensed Earth Station 

Operations 

On January 31, 2019, the Commission 

proposed at 84 FR 638 a simple 

framework for an optional unified 

license. The unified license would 

authorize operations of the satellite 

network, i.e., the space station and the 

earth stations operating with that space 

station. The unified license would be 

held by the satellite operator. To receive 

a unified license, the satellite operator 

would have to file an application with 

the normally required space station 

application information, plus certain 

certifications and information regarding 

earth station operations. It would not 

have to provide a Form 312 Schedule B 

or the detailed earth station information 

that would otherwise be required, but 

which is rendered duplicative or 

unnecessary by what was already 

submitted for the space station. 

Accordingly, the unified license would 

offer a more efficient means to authorize 

the earth stations in a satellite network, 

and one that better reflects the 

flexibility satellite operators exercise 

over the parameters of their satellite 

networks. 

Scope. After review of the information 

submitted in the record, we conclude 

that the streamlining benefits of a 

unified authorization could apply to a 

variety of satellite and earth station 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11881 

licensees, and that we need not limit its 

application initially to certain 

regulatory frameworks. Accordingly, we 

will broadly make available a unified 

licensing option to all types of satellite 

and blanket-licensed earth station 

operations in the frequency bands listed 

below, including Earth Station in 

Motion (ESIM) operations in these 

bands. We will also permit non-U.S.- 

licensed satellite operators to receive a 

single grant with U.S. market access and 

blanket-licensed earth station operating 

authority. As proposed, the unified 

license will be held by the satellite 

operator, including authority for the 

blanket-licensed earth stations. We 

make the unified licensing framework 

available to operators in the following 

frequency bands: 

Non-Voice, Non-Geostationary MobileSatellite Service (MSS): 137–138 MHz, 148– 

150.05 MHz, 399.9–400.05 MHz, and 400.15– 

401 MHz; 

1.5/1.6 GHz MSS: 1525–1559 MHz and 

1626.5–1660.5 MHz; 

1.6/2.4 GHz MSS: 1610–1626.5 MHz and 

2483.5–2500 MHz; 

2 GHz MSS: 2000–2020 MHz and 2180– 

2200 MHz; 

GSO FSS: 10.7–12.2 GHz, 14–14.5 GHz, 

18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 

GHz, 29.25–30 GHz, 40–42 GHz, and 48.2– 

50.2 GHz; 

NGSO FSS: 10.7–12.7 GHz, 14–14.5 GHz, 

17.8–18.6 GHz, 18.8–19.4 GHz, 19.6–20.2 

GHz, 28.35–29.1 GHz, 29.5–30 GHz, 40–42 

GHz, and 48.2–50.2 GHz; and 

GSO and NGSO MSS: 19.7–20.2 GHz and 

29.5–30 GHz. 

As stated in the proposed rule, we 

will exclude from unified licensing any 

fixed-satellite service (FSS) operations 

under 10 GHz in light of ongoing 

Commission rulemakings and the 

unique, transitional status of some FSS 

operations in these bands. In addition, 

we will allow only blanket-licensed 

earth station operations to be included 

in a unified license. Thus, unified 

licensing will not be available in any 

frequency band shared with UMFUS. 

But in bands adjacent to UMFUS 

operations, FSS operations are 

authorized on a blanket-licensed basis 

today without any coordination with 

UMFUS. We reject any suggestion to 

revisit blanket FSS licensing in such 

bands. Similarly, we find no basis in the 

record to exclude from eligibility ESIM 

operations in the 28.35–28.6 GHz band 

adjacent to the 27.5–28.35 GHz band 

shared with UMFUS. The issue of outof-band emissions from ESIMs operating 

in the 28.35–28.6 GHz band is currently 

being explored in a separate rulemaking 

and is not affected by the licensing 

posture of an ESIM in a separate earth 

station authorization or a unified 

license. In either case, ESIMs will have 

to comply with any revised out-of-band 

emissions requirement adopted in that 

rulemaking. 

We similarly do not believe that we 

should increase burdens on blanketlicensed earth station deployment 

pursued through a unified license, as 

opposed to through existing blanketlicensing options, by requiring 

registration or notification of the 

ubiquitously deployed stations. Any 

such information-gathering for blanketlicensed earth station operations, if 

appropriate, would be more efficiently 

pursued with regard to specific 

rulemakings and frequency bands. 

Regarding the information omitted from 

a unified license application because it 

is duplicative or unnecessary, we note 

that the application will constitute a 

complete proposal for the satellite 

system, including the blanket-licensed 

earth station operations. If, after review 

of the complete application, a party has 

outstanding technical concerns, it may 

address them during the comment 

period. 

In addition, we do not believe that the 

earth station technical showings 

currently required by 47 CFR 

25.115(g)(1) and 25.132 are necessary 

for terrestrial operators to review and 

should not be replaced with a 

certification requirement. These 

showings are intended to confirm 

compliance with two-degree spacing 

limits for GSO FSS satellites. Given that 

satellite operators are currently allowed 

to certify compliance with two-degree 

spacing limits instead of providing 

technical showings, and the experience 

of satellite commenters that such 

technical demonstrations are 

unnecessary to confirm the earth 

station’s compliance with two-degree 

limits, we do not believe that the burden 

of providing these demonstrations is 

justified by their purpose. In any event, 

adjacent-band terrestrial operators will 

have an opportunity to comment on any 

unified license application including 

ESIM or other blanket-licensed earth 

station authority, and they may request 

additional information regarding the 

earth station operations. If an UMFUS 

operator experienced interference due to 

adjacent-band operations of a unified 

licensee, it could address its concerns to 

the licensee directly or to the 

Commission. 

The unified license will not be a 

separate license that a satellite operator 

has to obtain in addition to its existing 

satellite license. Rather, it will 

constitute a space station license that 

also includes authority for the operation 

of earth stations with that particular 

geostationary-satellite orbit (GSO) space 

station or those (non-geostationary 

satellite orbit) NGSO space stations. 

Whether a satellite operator chooses to 

include such earth station authority or 

not, the space station authority will 

remain as it is today. The earth station 

authorization may include some or all of 

the frequency bands authorized for the 

associated space station(s). 

In response to a request for 

clarification, we affirm that requests for 

modification or renewal, special 

temporary authority, and application 

amendments related to space station 

operations, earth station operations, or 

both, can be made in the narrative 

portion of an application in the unified 

license file. While a unified license 

contains authority for both space station 

and earth station operations, we 

consider such a license to be an 

extension of the satellite licensing 

process, to be held by the satellite 

operator and applied for in the 

International Bureau Filing System 

(IBFS) using the general satellite 

licensing procedures. Accordingly, for 

any renewal applications, we will apply 

the deadlines and procedures for 

renewal of the space station authority to 

the entire unified license, and not 

consider any potentially conflicting 

requirements for renewal of the earth 

station authority. In addition, since 

there are no Commission licenses for 

multiple GSO-satellite systems, if a GSO 

satellite under a unified license became 

inoperable at the assigned orbital 

location (e.g., due to an in-orbit failure 

or end-of-life deorbiting), the unified 

license would cease, including all earth 

station authority to communicate with 

that satellite. The earth stations that 

formerly operated with that retired 

satellite could operate under a separate 

unified license authorizing 

communication with a replacement 

satellite, under a unified license for a 

non-replacement satellite, or under a 

separate earth station license. Only the 

earth stations’ authority to operate with 

the retired satellite would cease. For an 

NGSO system license, which is typically 

a type of blanket license for space 

stations, the loss of a single space 

station would not usually terminate the 

license. 

We also direct the International 

Bureau to consider and release, as 

appropriate, further guidance regarding 

the implementation of a unified 

licensing framework in an explanatory 

public notice consistent with the intent 

of this rulemaking to simplify and 

streamline, to the maximum extent 

practicable, the authorization of space 

stations and earth stations through a 

unified license. We decline to postpone 

the effectiveness of the unified license 

framework until after an explanatory 

11882 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

public notice is released as we expect 

that the practical experience the 

International Bureau would gain in 

implementing the new framework will 

prove valuable and important in 

developing further guidance. 

Non-U.S.-Licensed Satellites. We will 

allow non-U.S.-licensed satellite 

operators to obtain market access 

through a unified authorization. 

Structurally, the unified authorization 

will consist of an earth station license 

and a grant of market access for the 

space station. This same formal 

licensing structure is possible today 

when a satellite operator files its own 

earth station license application and 

seeks satellite market access through the 

earth station application. In contrast 

with this current option, the unified 

authorization may only be held by a 

satellite operator, will exclude 

individually coordinated earth stations, 

and will be processed in IBFS using the 

filing options and procedures available 

to space station applications rather than 

earth station applications. 

Blanket-Licensed Earth Stations. 

Including blanket-licensed earth 

stations within a unified license would 

streamline the authorization of these 

earth stations without raising potential 

site-specific concerns, because the 

Commission has already determined 

that such earth stations may be 

deployed ubiquitously, without other 

operators knowing their precise 

locations. The unified license will 

merely capture this existing authority in 

a different type of license, without 

allowing any earth station operations 

that would be prohibited under the 

existing method of a blanket earth 

station license. Therefore, no other 

services will be affected by permitting 

such operations under a blanket license. 

Accordingly, we will allow any type of 

earth station operation eligible for 

blanket licensing to be included in a 

unified license. 

Individually Coordinated Earth 

Stations. Although the Commission 

proposed to include in the unified 

license conditional authority for earth 

stations that must be individually 

coordinated and are not eligible for 

blanket licensing, we decline to adopt 

this proposal. For one, we find that 

many of the benefits of such a proposal 

(such as linking the deployment of those 

earth stations to the deployment of the 

associated satellite, and thereby 

allowing the satellite operator to secure 

its gateway earth station locations 

several years earlier than the current 

licensing process) are better addressed 

more directly (for example, by 

modifying earth station build out 

requirements). For another, we find that 

adding such earth stations to a unified 

license would create more complexity 

than its streamlining benefit. Whether 

included in a unified license or not, a 

separate earth station filing would be 

required to provide the necessary sitespecific information. Further, under the 

earth station certification proposal we 

adopt below, an earth station license 

applicant could similarly take advantage 

of the information provided in a 

corresponding space station application 

to omit any data that is duplicative. 

Therefore, it could be that the filings for 

individually coordinated earth 

stations—whether as part of a unified 

license or separately licensed using the 

certification procedure—would be 

similar in terms of the information 

provided, if not identical. At the same 

time, creating a new category of earth 

station filings would impose burdens on 

Commission resources. Therefore, in 

light of the possible complication that 

separate earth station filings would 

bring to a unified license framework, 

and the potentially marginal reduction 

in application burdens, we decline to 

adopt the proposal for individually 

coordinated earth stations. 

In short, unified licensing will not be 

available in any frequency bands in 

which blanket earth station licensing is 

not permitted. In such bands, earth 

stations will continue to be licensed 

separately from space stations. 

Application Requirements. To add 

blanket-licensed earth station authority 

to a space station license or market 

access grant, the satellite operator 

would need to provide only the 

additional information required in an 

equivalent earth station application, but 

which is not already covered by what 

was filed for the space station. This 

includes, for example, any certification 

under 47 CFR 25.115(i) that the use of 

a contention protocol in an earth station 

network will be reasonable, because that 

certification is not covered by the 

information provided in a space station 

license application. Submission of an 

earth station Form 312 Schedule B 

would not be required. As stated in the 

proposed rule, in applications where the 

satellite operator certified compliance 

with the two-degree spacing power 

limits under 47 CFR 25.140(a)(3)(i)–(iv), 

for example, the applicant would not 

need to provide any additional 

information on earth station antenna 

performance or verified performance 

currently required by 47 CFR 

25.115(g)(1) or 25.132 because the 

certification already attests to 

compliance with the power limits 

involved in those additional showings. 

Further instances of redundancy will 

necessarily be reviewed by Commission 

staff on a case-by-case basis initially, 

given that, at the urging of commenters, 

we are making the unified license 

option widely available across several 

different services and types of 

operation, each with distinct earth 

station and space station information 

requirements. The goal of this review 

will be to streamline, as far as possible 

within current rules, the earth station 

information required. We also note that 

a unified license may be granted in the 

absence of default power limits, based 

on the technical showings provided, 

and that nothing about the unified 

license would change the application of 

section 25.140(d) to space stations 

authorized in, or outside of, a unified 

license. 

Control of Earth Stations. Terrestrial 

operators may address questions or 

concerns to the satellite operator 

directly, as holder of the unified license, 

or to the Commission. Today, many 

satellite licensees are already held 

responsible for compliance with earth 

station power limits for their satellite 

networks. Further, it is common 

practice in satellite service contracts for 

the satellite operator to specify and 

require third party earth station 

operators to adhere to technical 

parameters consistent with its license, 

coordination agreements and the 

efficient technical use of its network. 

We continue to believe that contractual 

provisions are sufficient to hold the 

unified licensee as the responsible 

entity. Therefore, we do not find any 

basis in the record to modify our rules 

regarding the control of earth stations. 

Fees. As an initial matter, we note that 

there is an ongoing, comprehensive 

Commission rulemaking involving 

updates and additions to the application 

fee schedules. The interim fee decisions 

taken in this Report and Order will be 

considered in the larger application fee 

rulemaking, and may change 

significantly based on the analyses 

conducted there. In adopting a unified 

license framework, however, we must 

determine an initial treatment with 

respect to our application-fee 

requirements. 

A unified license application will 

contain all the information necessary to 

assess the proposed operation of the 

space station(s) and blanket-licensed 

earth stations in the satellite system, 

consistent with our rules. Commission 

staff will review both the space and 

ground components of the satellite 

system, and commenters may raise 

issues regarding either component to be 

resolved in the licensing decision. 

Because we anticipate that processing a 

unified license application will involve 

similar Commission resources to the 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11883 

processing of individual space station 

applications and earth station 

applications making use of the new 

certification option we adopt below, we 

will assess a fee for unified license 

applications that is equal to the 

combined fees of the relevant space 

station license application and earth 

station blanket-license application. This 

treatment is intended to provide a 

simple, clear solution until the 

comprehensive Commission application 

fee rulemaking is completed. Because 

there are currently no fee codes in IBFS 

for such combined fees, unified license 

applicants will need to pay the 

application fee manually. 

In the case of a non-U.S.-licensed 

space station operator seeking a U.S. 

earth station license in combination 

with its petition for market access, we 

will—for now—assess the earth station 

application fee schedule to such 

requests. This provides equal treatment 

with the similar, existing procedure of 

market access through an earth station 

application. However, we note the 

inconsistency and potential unfairness 

of assessing substantially lower fees to 

such market access requests than to U.S. 

licensees, and intend to fully consider 

this and all application fee matters in 

the rulemaking dedicated to revising the 

Commission’s application fees broadly. 

In addition to application fees, the 

Commission also charges annual 

regulatory fees. These fees are based on 

licenses held at the end of the relevant 

fiscal year. The Commission recently 

concluded its fiscal year 2019 regulatory 

fee rulemaking, and sought comment on 

additional changes for future years. We 

note that the fiscal year 2019 report and 

order for the first time assessed the same 

regulatory fees against non-U.S.- 

licensed satellite operators granted U.S. 

market access as the Commission 

assesses to satellite operators holding a 

Commission space station license. We 

defer to a future regulatory fee 

proceeding the question of how to 

assess such fees to the new category of 

unified licenses. 

B. Earth Station Certifications 

As an alternative or addition to the 

unified license proposal in the proposed 

rule, the Commission also asked 

whether it should permit applicants for 

GSO FSS earth station licenses to 

submit certifications of compliance with 

the terms and conditions of the 

communicating space station network as 

a substitute for filing the technical 

information required by Form 312, 

Schedule B. Such certifications would 

allow independent earth station 

operators to benefit from streamlined 

information requirements in a similar 

way as earth stations authorized through 

a unified license held by the satellite 

operator, while remaining responsible 

for compliance with its certification. 

We believe that there is no general 

need for GSO FSS earth station 

applicants to submit technical 

information that is duplicative (or 

unnecessary) due to the information 

already provided for the satellite with 

which they will communicate. 

Furthermore, and consistent with our 

decision above to expand the 

streamlining benefits of the unified 

license to additional services and types 

of operation, we see no general need to 

require such duplicative or unnecessary 

information for any earth station in any 

service when an appropriate 

certification of compliance with the 

satellite authorization is made. 

With respect to the frequency bands 

to which this option will apply, we take 

an approach consistent with our 

decisions above regarding the unified 

license framework. Consistent treatment 

is appropriate because the same types of 

duplicative or unnecessary information 

may be omitted either through an earth 

station certification of compliance with 

the relevant satellite authorization or 

through a unified license application. 

Accordingly, we will exclude from the 

earth station certification option FSS 

operations under 10 GHz and operations 

subject to 47 CFR 25.136. We will 

include ESIM operations in the 28.35– 

28.6 GHz band because doing so will 

have no impact on the applicable outof-band emissions limits that affect 

UMFUS operations in the adjacent 27.5– 

28.35 GHz band. 

Therefore, to conserve applicant and 

Commission resources while ensuring 

the necessary information remains on 

file with the Commission, we conclude 

it will serve the public interest to adopt 

a general provision for earth station 

licensing that an earth station applicant 

certifying that it will comply with the 

applicable terms and conditions of any 

space station’s authorization with which 

it communicates need not provide 

technical demonstrations or other 

information made duplicative or 

unnecessary by the certification, with 

the exceptions just noted. This 

necessarily applies to many frequency 

bands because the requirement to 

submit technical data in Schedule B, 

specifically identified as a source of 

potentially unnecessary information in 

the proposed rule, is applicable by 

default to all applications for 

transmitting earth stations. 

Applicants taking advantage of the 

certification option need not identify 

the information that is duplicative or 

unnecessary at this time. Given that we 

are excluding FSS bands below 10 GHz 

and bands shared with UMFUS, and 

that the vast majority of earth station 

applications are non-controversial and 

unopposed, such a requirement would 

lessen the streamlining benefits of the 

certification option without providing a 

compensating benefit. As under the 

unified license approach above, parties 

may raise questions on specific 

applications during the comment 

period. Finally, we believe that 

guidance the International Bureau may 

provide on the new earth station 

certifications, like on the unified license 

applications, would benefit from 

practical experience implementing the 

rules. We therefore decline to delay the 

effectiveness of the new rule. 

C. Earth Station Build-Out 

Requirements 

In the proposed rule, the Commission 

identified a regulatory disconnect 

between the five-year deployment 

requirement for a GSO space station 

authorized in frequency bands subject to 

47 CFR 25.136 and the one-year 

deployment requirement for earth 

stations communicating with such a 

satellite. The Commission proposed to 

align these build-out requirements. As 

proposed, an earth station authorized 

through 47 CFR 25.136 would have a 

build-out term defined as either the date 

the associated satellite becomes 

operational or one year, whichever is 

longer. 

Scope. Considering the benefits of 

streamlining, regulatory certainty, and 

parity among different types of earth 

station licensees, we expand on the 

build-out term proposal in the proposed 

rule for earth stations licensed under 47 

CFR 25.136 to include all blanketlicensed earth station operations eligible 

to be included in a unified license (i.e., 

other than FSS below 10 GHz), and 

further to allow the same treatment for 

blanket earth station licenses and 

individual earth station licenses, which 

are not part of a unified license, with 

the same exception for FSS below 10 

GHz where new earth station 

deployments have been significantly 

limited pursuant to the Commission’s 

decisions to significantly increase 

development of terrestrial services in 

some of these bands. Although we 

excluded from the unified licensing 

option earth station operations that 

must be individually coordinated, these 

operations will benefit the most from 

extended build-out periods to ensure 

that the necessary siting locations 

remain available once the satellite is 

ultimately launched. 

Bands Shared with UMFUS. Applying 

an extended build-out period to earth 

11884 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

station licenses subject to 47 CFR 25.136 

will provide greater regulatory certainty 

to satellite operators planning newergeneration GSO or NGSO satellites with 

narrow spot-beams and therefore more 

limited earth station siting options. We 

do not believe that doing so will 

fundamentally alter the sharing regime 

with UMFUS or the rights of UMFUS 

operators. However, we believe that the 

earth station coordination reached with 

UMFUS licensees should be brought up 

to date once the earth station is actually 

constructed and operating. This will 

ensure that the UMFUS licensees have 

accurate information on the earth 

station operations notwithstanding the 

substantially longer earth station buildout period we are allowing. Providing 

UMFUS licensees with the certainty of 

an updated coordination will 

counterbalance the potential chilling of 

some UMFUS developments that might 

result from the extended earth station 

build-out periods. As such, the recoordination requirement serves as an 

important check on potential 

warehousing. Requiring earth station 

operators to simply notify changes to 

UMFUS licensees would instead place 

the burden of those changes, and the 

risk of non-deployment of the earth 

station, on UMFUS operators. We 

decline to shift this risk onto UMFUS 

operators, given that the one-year buildout requirement provided underlying 

support for the earth station siting rules 

adopted in 47 CFR 25.136. We believe 

that a re-coordination requirement for 

earth station licensees deploying in 

UMFUS bands is a reasonable tradeoff 

for the added flexibility longer build-out 

period provide these licensees. 

Nonetheless, we note that earth station 

applicants in shared UMFUS bands will 

have several options. They may: (1) 

Construct and bring the earth station 

into operation within one year of 

licensing; (2) re-coordinate; or (3) 

deploy the earth station on an 

unprotected basis. 

We find no basis for treating NGSO 

FSS earth stations differently than GSO 

FSS or other earth stations included in 

the scope of our proposal. Moreover, the 

record is not fully developed for the 

Commission to decide whether it would 

serve the public interest to establish a 

limit on the eligible number of NGSO 

FSS earth stations or rely solely on the 

waiver process. We will consider the 

need for a future rulemaking on the 

issue of extended build-out periods after 

monitoring their implementation. 

Accordingly, we will require earth 

station operators that take advantage of 

the extended build-out period 

associated with deployment of a 

communicating satellite to re-coordinate 

with the UMFUS licensees within one 

year before actually operating the earth 

station. Such re-coordination should 

account for changes to the earth station 

equipment or configuration in the 

intervening years, as well as to 

geographic and demographic changes in 

the surrounding area. In order to ensure 

that the required re-coordination has 

taken place, notice of the completed recoordination must be filed in IBFS prior 

to commencement of earth station 

operations. For earth stations that are 

constructed and brought into operation 

within one year of licensing, as 

currently required, such re-coordination 

will not be necessary. 

Build-out Period. We also 

acknowledge that it may be difficult to 

complete construction of all licensed 

earth stations and operate them on the 

first day that the satellite is certified as 

brought into operation, as proposed in 

the proposed rule. In addition, the next 

generation of high-throughput satellites 

may deploy large numbers of gateway 

earth stations that are not all needed to 

operate upon the initial deployment of 

the satellite, given the likely period of 

ramp-up in traffic over the satellite 

system. To address the practical realities 

of potentially testing all earth stations in 

a satellite system in a single day, and to 

allow some flexibility during the initial 

period of increase in satellite traffic, we 

will extend the earth station 

construction requirement to be six 

months after the associated space 

station is certified as brought into 

operation. 

Warehousing Concerns and a 

Performance Bond. We note that 

individually licensed earth stations will 

operate in frequency bands already 

included in a space station license. The 

space station license requires posting of 

an escalating $3 million bond for GSO 

networks or an escalating $5 million 

bond for NGSO systems. The bond is 

payable if the satellite system is not 

deployed within the required 

milestones included in the license. This 

existing bond requirement acts as a 

deterrent to satellite operators without a 

firm intent to deploy their licensed 

systems in the particular frequency 

bands. Further, each individual earth 

station license application carries a 

separate application fee. With these 

existing disincentives to warehousing, 

the scant record on a bond alternative, 

and the potential burdens associated 

with administering and enforcing a 

bond for many individually licensed 

earth stations that could communicate 

with a number of space stations, we 

decline to adopt an earth station bond 

at this time. 

Nonetheless, we intend to closely 

follow this issue in the future and to 

pursue measures, including possible 

earth stations bonds, based on further 

experience. In particular, we do not 

expect many cases in which a single 

operator files, under 47 CFR 25.136, for 

more than one earth station license 

within a given county or PEA, or for an 

earth station that covers the maximum 

permitted aggregate population within 

the relevant UMFUS licensing area. 

Such filings may encourage further 

rulemaking on the issue of antiwarehousing measures. While we defer 

the question of addressing warehousing 

incentives until we develop more 

experience with the implementation of 

extended earth-station build-out 

periods, we will consider in addressing 

the need for any such measures whether 

to apply them to previously granted 

earth station licenses with extended 

build-out periods. 

D. Annual Reporting Requirements for 

Satellite Operators 

In the proposed rule, the Commission 

proposed to repeal the majority of the 

satellite annual reporting requirements 

in 47 CFR 25.170 because the reports are 

not regularly used by Commission staff. 

The Commission proposed to retain 

only the requirement for an annual 

confirmation of the accuracy of the 

contact information on file and to move 

this requirement to 47 CFR 25.171. We 

adopt the proposal in the proposed rule. 

The majority of the annual reporting 

requirements in 47 CFR 25.170 have 

proven unnecessary for the typical work 

of Commission staff particular to 

satellite licenses. In contrast, failures in 

internal communication or other issues 

can cause updates in point of contact 

information not to be reported to the 

Commission in compliance with 47 CFR 

25.171. In these cases, including the upto-date contact information has proven 

important to ensure such information 

does not remain inaccurate indefinitely. 

We also update the cross-reference in 47 

CFR 25.172(a)(1) to reflect this change. 

E. Out-of-Band Emissions 

In the proposed rule, the Commission 

observed that the default out-of-band 

emissions rule in 47 CFR 25.202(f) dates 

from the 1970s, and that its wording has 

created confusion among some 

operators. The Commission proposed to 

replace this rule with a requirement to 

comply with an international out-ofband emissions standard, ITU–R 

SM.1541–6, ‘‘Unwanted emissions in 

the out-of-band domain,’’ August 2015. 

However, given concerns expressed on 

the record regarding this proposal and 

the importance of out-of-band-emission 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11885 

limits for the protection of adjacent 

services and the implementation of 

Commission band segmentation 

decisions, we decline to modify 47 CFR 

25.202(f). We recognize that replacing 

47 CFR 25.202(f) with the limits 

contained in the ITU Recommendation 

would relax some out-of-band emission 

requirements immediately at the band 

edge. The current record has not 

considered the specific impact of this 

relaxation on adjacent terrestrial 

services. We are therefore not in a 

position to conclude terrestrial services 

would be unaffected, or that the 

relaxation would otherwise serve the 

public interest. However, we may seek 

in the future to develop a full record on 

this issue and reconsider adoption of an 

internationally standardized, default 

out-of-band emissions limit for satellite 

services. 

F. Dismissal of Applications 

The proposed rule invited comment 

on whether to modify the acceptability 

standard for applications under 47 CFR 

part 25 to explicitly state that an 

applicant may correct any errors or 

omissions within 60 days of a 

Commission request, and that 

applications will be accepted for filing 

automatically within 30 days of filing, 

unless the Commission determines 

otherwise. After review of the split 

record on this issue and consideration 

of long-standing staff practices, we are 

not convinced that an explicit, onesized-fits-all acceptability approach is 

desirable across the variety of satellite 

and earth station applications presented 

under 47 CFR part 25. Rather, we 

believe that the current framework has 

proven flexible to enable Commission 

staff to address errors without undue 

disruptions to applicants or other 

operators. We therefore decline to 

modify the acceptability for filing rules. 

G. Notification of Minor Earth Station 

Modifications 

In the proposed rule, the Commission 

proposed to reduce filing burdens on 

some earth station licensees by 

repealing the requirement to notify the 

Commission of the types of minor 

changes to authorized earth stations 

listed in 47 CFR 25.118(a)(4)—i.e., those 

that the Commission does not expect to 

worsen the interference environment for 

other operators. 

After review of the record, we adopt 

the proposed streamlining measure by 

moving the enumerated types of 

modifications from 47 CFR 25.118(a)(4) 

to 47 CFR 25.118(b), which lists earth 

station modifications that do not require 

notification and include two additional 

modifications that require Commission 

notification. Namely, decreases in 

antenna height and any change that 

increases or decreases the earth station’s 

power flux-density (PFD) contour. The 

PFD contour is an essential part of the 

initial application under 47 CFR 25.136 

in bands shared with UMFUS and any 

modification such as to antenna height, 

power, orientation, etc. that changes the 

PFD contour will trigger the notification 

requirement. We also clarify that the 

addition of new transceiver and antenna 

combinations to an existing blanket 

earth station license does not require 

prior Commission notification when 

they meet the requirements currently 

listed in 47 CFR 25.118(a)(4). 

We do not believe that a change in 

earth station antenna pattern under 47 

CFR 25.118(a)(4)(i) will negatively 

impact terrestrial operators because it 

must not, in accordance with the rule, 

exceed the previously filed EIRP or EIRP 

density envelope. As such, we do not 

believe these notices are necessary for 

operators in other services because the 

‘‘worst case’’ interference scenario will 

not be affected. We also do not believe 

that an earth station operating in a band 

shared with UMFUS at a power level 

below its maximum authorized power 

level should be required to notify the 

Commission of its lower operating 

power level. No such requirement 

currently exists—earth stations may be 

operated at different power levels based 

on varying requirements and conditions, 

provided they do not exceed their 

authorized power envelopes—and we 

find no basis to adopt such a new 

reporting requirement. 

However, we do believe that the 

Commission should require earth 

station operators to provide notice of a 

decrease in antenna height pursuant to 

this provision. Although in many cases 

a decrease in earth station antenna 

height would improve, not worsen, the 

interference environment for terrestrial 

operators as ground clutter would play 

a larger role in suppressing emissions in 

unwanted directions, that is not always 

the case. For example, a lowered 

antenna may be more likely to radiate 

higher side lobes into an UMFUS station 

or may bring the antenna closer to some 

local metallic object, creating induced 

spurious effects on the resultant 

radiation pattern that create higher 

interference levels in certain directions. 

And a decrease in antenna height may 

result in decreased PFD contours which 

provide an UMFUS operator the 

opportunity to serve an area that was 

previously excluded, but now no longer 

is. Therefore, we will require 

notification of decreases in antenna 

height. 

H. Additional Proposals in Comments 

In addition to the proposals and 

questions in the proposed rule, some 

additional proposals were made in the 

comments of this proceeding to 

streamline other aspects of the 

Commission’s satellite licensing rules. 

SES additionally reiterated one issue 

contained in its Petition for 

Reconsideration of a 2015 satellite 

streamlining order, which will be 

addressed in that rulemaking. We have 

reviewed these proposals and conclude 

that, while they are outside the scope of 

the proposed rule, we may revisit some 

of these proposals in the future. 

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 

Further Streamlining Part 25 Rules 

Governing Satellite Services, Notice of 

Proposed Rulemaking. The Commission 

sought written public comment on the 

proposals in the proposed rule, 

including comment on the IRFA. No 

comments were received on the IRFA. 

This present Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

A. Need for, and Objectives of, the 

Order 

The Order creates a new, streamlined 

license for both space stations and earth 

stations and adopts other streamlining 

measures for the authorization of earth 

stations. It also removes the annual 

reporting requirements for satellite 

operators and makes other corrections 

in 47 CFR part 25. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

There were no comments filed that 

specifically addressed the rules and 

policies proposed in the IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

Pursuant to the Small Business Jobs 

Act of 2010, which amended the RFA, 

the Commission is required to respond 

to any comments filed by the Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rules as a 

result of those comments. The Chief 

Counsel did not file any comments in 

response to the proposed rules in this 

proceeding. 

11886 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

D. Description and Estimate of the 

Number of Small Entities to Which 

Rules Will Apply 

The RFA directs agencies to provide 

a description of, and, where feasible, an 

estimate of, the number of small entities 

that may be affected by the rules 

adopted herein. 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 entities that may be affected by 

adoption of the final rules. 

Satellite Telecommunications 

This category comprises firms 

‘‘primarily engaged in providing 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ Satellite 

telecommunications service providers 

include satellite and earth station 

operators. The category has a small 

business size standard of $35 million or 

less in average annual receipts, under 

SBA rules. For this category, U.S. 

Census Bureau data for 2012 show that 

there were a total of 333 firms that 

operated for the entire year. Of this 

total, 299 firms had annual receipts of 

less than $25 million. Consequently, we 

estimate that the majority of satellite 

telecommunications providers are small 

entities. 

E. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements for Small Entities 

The Order adopts several rule changes 

that would affect compliance 

requirements for space station and earth 

station operators. For example, the 

Order creates a new, optional, 

streamlined licensing procedure for 

both space stations and earth stations in 

a satellite system. It also eliminates 

some reporting requirements for space 

station and earth station licensees. In 

total, the actions in this 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. 

F. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities and Significant Alternatives 

Considered 

The RFA requires an agency to 

describe any significant alternatives that 

it has considered in developing its 

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 rule 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.’’ 

In this Order, the Commission creates 

a new, optional, streamlined licensing 

procedure for both space stations and 

earth stations in a satellite system 

specifically designed to eliminate 

redundancies and reduce regulatory 

burdens. The Commission also adopts a 

certification option for earth station 

applicants to eliminate duplicative or 

unnecessary information filed with the 

Commission. In addition, the 

Commission repeals certain other 

requirements with the aim of 

streamlining its requirements. Overall, 

the actions in this document will reduce 

burdens on the affected licensees, 

including small entities. 

Report to Congress: The Commission 

will send a copy of the Report and 

Order, including this FRFA, in a report 

to be sent to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

Report and Order, including this FRFA, 

to the Chief Counsel for Advocacy of the 

SBA. A copy of the Report and Order 

and FRFA (or summaries thereof) will 

also be published in the Federal 

Register. 

Paperwork Reduction Act 

This document contains new or 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public to comment on the information 

collection requirements contained in 

this Report and Order as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, the 

Commission notes that pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we previously sought 

specific comment on how the 

Commission might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

In this present document, we have 

assessed the effects of requiring some 

earth station licensees to re-coordinate 

with Upper Microwave Flexible Use 

Service licensees under 47 CFR 25.136, 

and find that it may increase 

coordination costs for some businesses 

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 this rule is ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Second Report and 

Order to Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Ordering Clauses 

It is ordered, pursuant to sections 4(i), 

7(a), 10, 303, 308(b), and 316 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 157(a), 160, 

303, 308(b), 316, that this Report and 

Order is adopted, the policies, rules, 

and requirements discussed herein are 

adopted, and part 25 of the 

Commission’s rules is amended as set 

forth below. 

It is further ordered that the rule 

amendments in this Report and Order 

will become effective 30 days from the 

date of publication in the Federal 

Register, except for those amendments 

which contain new or modified 

information collection requirements that 

require approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act which will 

become effective after the Commission 

publishes a document in the Federal 

Register announcing such approval and 

the relevant effective date. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analyses, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

It is further ordered that the 

Commission shall send a copy of this 

Report and Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11887 

List of Subjects in 47 CFR Part 25 

Administrative practice and 

procedure, Satellites. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 25 as 

follows: 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 1. The authority citation for part 25 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 310, 319, 332, 605, and 721, unless 

otherwise noted. 

■ 2. Amend § 25.115 by revising 

paragraph (a)(1) to read as follows: 

§ 25.115 Applications for earth station 

authorizations. 

(a)(1)(i) Transmitting earth stations. 

Commission authorization must be 

obtained for authority to operate a 

transmitting earth station. Applications 

must be filed electronically on FCC 

Form 312, Main Form and Schedule B, 

and include the information specified in 

this section, except as set forth in 

paragraphs (a)(1)(ii) and (a)(2) of this 

section. 

(ii) Certification of compliance with 

space station authorization. An earth 

station applicant certifying that it will 

comply with the applicable terms and 

conditions of the authorization of any 

space station with which it 

communicates need not provide 

technical demonstrations or other 

information that is duplicative or 

unnecessary due to the certification. 

This provision does not apply to FSS 

operation in bands below 10 GHz or in 

bands subject to § 25.136. 

* * * * * 

■ 3. Amend § 25.118 by revising 

paragraphs (a)(4) and (b) to read as 

follows: 

§ 25.118 Modifications not requiring prior 

authorization. 

(a) * * * 

(4) An earth station licensee may 

additionally: 

(i) Decrease antenna height; or 

(ii) Increase or decrease the earth 

station’s PFD contour, provided the 

modification does not involve a change 

listed in paragraph (b)(2) of this section. 

(b) Earth station modifications, 

notification not required. 

Notwithstanding paragraph (a) of this 

section: 

(1) Equipment in an authorized earth 

station may be replaced without prior 

authorization and without notifying the 

Commission if the new equipment is 

electrically identical to the existing 

equipment. 

(2) Licensees may make other changes 

to their authorized earth stations, 

including 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. 

* * * * * 

■ 4. Add § 25.124 to read as follows: 

§ 25.124 Unified space station and earth 

station authorization. 

(a) A single authorization may be 

issued for the operations of a GSO space 

station or NGSO space station(s) and the 

blanket-licensed earth stations that will 

operate within that satellite system, 

excluding GSO FSS and NGSO FSS 

satellite systems operating in bands 

below 10 GHz and bands subject to 

§ 25.136. The available frequency bands 

are: 

(1) Non-Voice, Non-Geostationary 

MSS: 137–138 MHz, 148–150.05 MHz, 

399.9–400.05 MHz, and 400.15–401 

MHz; 

(2) 1.5/1.6 GHz MSS: 1525–1559 MHz 

and 1626.5–1660.5 MHz; 

(3) 1.6/2.4 GHz MSS: 1610–1626.5 

MHz and 2483.5–2500 MHz; 

(4) 2 GHz MSS: 2000–2020 MHz and 

2180–2200 MHz; 

(5) GSO FSS: 10.7–12.2 GHz, 14–14.5 

GHz, 18.3–18.8 GHz, 19.7–20.2 GHz, 

28.35–28.6 GHz, 29.25–30 GHz, 40–42 

GHz, and 48.2–50.2 GHz; 

(6) NGSO FSS: 10.7–12.7 GHz, 14– 

14.5 GHz, 17.8–18.6 GHz, 18.8–19.4 

GHz, 19.6–20.2 GHz, 28.35–29.1 GHz, 

29.5–30 GHz, 40–42 GHz, and 48.2–50.2 

GHz; and 

(7) GSO and NGSO MSS: 19.7–20.2 

GHz and 29.5–30 GHz. 

(b) An application for a satellite 

system license described in paragraph 

(a) must contain: 

(1) The information required by 

§ 25.114 or, for a non-U.S.-licensed 

space station, § 25.137; 

(2) A certification that earth station 

operations under the satellite system 

license will comply with part 1, subpart 

I and part 17 of this chapter; and 

(3) Any additional information 

required under this part, including 

under § 25.115, for operation of the 

blanket-licensed earth stations that is 

not duplicative or unnecessary due to 

the information provided for the space 

station operation. 

■ 5. Amend § 25.133 by revising 

paragraph (a) to read as follows: 

§ 25.133 Period of construction; 

certification of commencement of 

operation. 

(a) An earth station, or network of 

blanket-licensed earth stations, must be 

brought into operation within the 

longest of the time periods below, 

unless the Commission determines 

otherwise: 

(1) For an earth station authorized to 

communicate with a GSO FSS space 

station in the 3600–4200 MHz band 

(space-to-Earth) operating outside of 

CONUS, or in the 5850–6725 MHz band 

(Earth-to-space), within one year from 

the date of the license grant; 

(2) For any other earth station or 

network of earth stations, within one 

year from the date of the license grant 

or six months after the bringing into 

operation of a GSO space station, or 

NGSO system under § 25.164(b)(1), with 

which the earth station or earth station 

network was authorized to 

communicate when it was licensed, as 

notified under § 25.173(b). 

* * * * * 

■ 6. Delayed indefinitely, amend 

§ 25.136 by adding paragraph (h) to read 

as follows: 

§ 25.136 Earth Stations in the 24.75–25.25 

GHz, 27.5–28.35 GHz, 37.5–40 GHz, 47.2– 

48.2, GHz and 50.4–51.4 GHz bands. 

* * * * * 

(h) Re-coordination. An earth station 

licensed under this section that is 

brought into operation later than one 

year after the date of the license grant 

must be re-coordinated with UMFUS 

stations using the applicable processes 

in § 101.103(d) of this chapter. The earth 

station licensee must complete recoordination within one year before its 

commencement of operation. The recoordination should account for any 

demographic or geographic changes as 

well as changes to the earth station 

equipment or configuration. A recoordination notice must be filed in 

IBFS before commencement of earth 

station operations. 

11888 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

1 86 FR 7205 (Jan. 26, 2021). 

2For example, this E.O. applies to all persons in 

or on a freight train, locomotive, high-rail vehicle, 

crew transportation vehicle, or in a railroad 

transportation facility, terminal, yard, storage 

facility, yard office, crew room, maintenance shop, 

and other areas regularly occupied by personnel 

engaged in railroad operations. 

3For an explanation of how FRA exercises its 

safety jurisdiction over passenger rail operations, 

see ‘‘FRA’s Policy on Jurisdiction Over Passenger 

Operations’’ in 49 CFR part 209, appendix A— 

Statement of Agency Policy Concerning 

Enforcement of the Federal Railroad Safety Laws. 

4Nothing in this E.O. is intended to interfere with 

any applicable jurisdiction over COVID–19 issues 

in the workplace by the Occupational Safety and 

Health Administration. Additionally, FRA is not 

exercising its railroad safety authority over any 

COVID–19 issue other than requiring compliance 

with mask mandates in accordance with the CDC 

Order, nor is it exercising its jurisdiction over how 

a railroad decides to comply with the CDC Order 

and this E.O. For example, a railroad may not 

include any type of COVID–19 risk-based hazard 

analysis as part of its railroad system safety program 

under either 49 CFR part 270 (System Safety 

Program) or part 271 (Risk Reduction Program) in 

order to protect that analysis from discovery or use 

in litigation under either 49 CFR 270.105 or 49 CFR 

271.11. 

§ 25.170 [Removed] 

■ 7. Remove § 25.170. 

■ 8. Revise § 25.171 to read as follows: 

§ 25.171 Space station point of contact 

reporting requirements. 

(a) Annual report. On June 30 of each 

year, a space station licensee or market 

access recipient must provide a current 

listing of the names, titles, addresses, 

email addresses, and telephone numbers 

of the points of contact for resolution of 

interference problems and for 

emergency response. Contact personnel 

should include those responsible for 

resolution of short-term, immediate 

interference problems at the system 

control center, and those responsible for 

long-term engineering and technical 

design issues. 

(b) Updated information. If a space 

station licensee or market access 

recipient point of contact information 

changes, the space station licensee or 

market access recipient must file the 

updated information within 10 days of 

the change. 

(c) Electronic filing. Filings under 

paragraphs (a) or (b) of this section must 

be made electronically in the 

Commission’s International Bureau 

Filing System (IBFS) in the ‘‘Other 

Filings’’ tab of the station’s current 

authorization file. 

■ 9. Amend § 25.172 by revising 

paragraph (a)(1) to read as follows: 

§ 25.172 Requirements for reporting space 

station control arrangements. 

(a) * * * 

(1) The information required by 

§ 25.171(a). 

* * * * * 

Editorial Note: The Office of the Federal 

Register received this document on December 

23, 2020. 

[FR Doc. 2020–28907 Filed 2–26–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Parts 209 and 211 

[Emergency Order No. 32, Notice No. 1] 

Emergency Order Requiring Face Mask 

Use in Railroad Operations 

SUMMARY: To help prevent the spread of 

coronavirus disease 2019 (COVID–19), 

the Federal Railroad Administration 

(FRA) is issuing this emergency order 

(E.O.) to require compliance with the 

mask requirements of the Order of the 

Centers for Disease Control and 

Prevention (CDC), Requirement for 

Persons to Wear Masks While on 

Conveyances and at Transportation 

Hubs. This E.O. also implements 

Promoting COVID–19 Safety in 

Domestic and International Travel, 

issued on January 21, 2021, requiring 

masks to be worn in or on airports, 

commercial aircraft, and various modes 

of surface transportation, including 

trains. Specifically, this E.O. addresses 

requirements for face mask use with 

respect to all freight rail operations and 

portions of each passenger rail operation 

under FRA’s safety jurisdiction. 

DATES: This emergency order is effective 

March 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Mark Patterson, Director, Office of Data 

Analysis and Program Support, at (202) 

493–6282 or mark.patterson@dot.gov; 

Elizabeth Gross, Attorney Adviser, 

Office of the Chief Counsel, at (202) 

493–1342 or elizabeth.gross@dot.gov; or 

Veronica Chittim, Attorney Adviser, 

Office of the Chief Counsel, at (202) 

493–0273 or veronica.chittim@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

FRA is issuing this E.O. to implement 

Executive Order 13998,1 which directs 

the Secretary of Transportation to take 

action to require masks to be worn in 

compliance with CDC guidelines in or 

on trains.2

On January 31, 2021, the 

Transportation Security Administration 

(TSA) issued Security Directive (SD) 

1582/84–21–01, Security Measures— 

Face Mask Requirements (TSA SD), to 

implement Executive Order 13998 and 

to enforce the CDC Order with respect 

to conveyances and transportation 

facilities used in various modes of 

surface transportation, including 

passenger rail. 

On February 12, 2021, the Secretary of 

Transportation issued an Action 

Memorandum to further USDOT’s 

efforts to implement the President’s 

Executive Order 13998. Finding that 

COVID–19 and its variants continue to 

present unprecedented challenges to the 

health of the traveling public in all 

modes of transportation, and that the 

wearing of masks on all modes of 

transportation can mitigate the risk of 

travelers spreading COVID–19 and can 

instill safety and confidence in 

transportation systems, the Secretary 

directed FRA to take action to support 

and carry out enforcement of the CDC 

Order with respect to transportation 

entities subject to its jurisdiction. 

In issuing this E.O., FRA is exercising 

its emergency railroad safety authority 

to the extent necessary to require mask 

wearing in accordance with the CDC 

Order and implement Executive Order 

13998 with respect to freight rail 

operations and those portions of 

passenger rail operations 3 not already 

covered by the TSA SD. FRA is not 

exercising its authority over any other 

aspect of the COVID–19 pandemic and 

does not otherwise intend by this E.O. 

to affect working conditions for 

employees and contractors engaged in 

railroad operations.4

Authority 

Authority to enforce Federal railroad 

safety laws has been delegated by the 

U.S. Secretary of Transportation to the 

Administrator of FRA. 49 U.S.C. 103; 49 

CFR 1.89(e) and internal delegations. 

Railroads are subject to FRA’s safety 

jurisdiction under the Federal railroad 

safety laws. 49 U.S.C. 20101, 20103. 

FRA is authorized to issue emergency 

orders where an unsafe condition or 

practice ‘‘causes an emergency situation 

involving a hazard of death, personal 

injury, or significant harm to the 

environment.’’ 49 U.S.C. 20104. 

Emergency orders may immediately 

impose ‘‘restrictions and prohibitions 

. . . that may be necessary to abate the 

situation.’’ Id. 

COVID–19 Pandemic 

Due to the ongoing COVID–19 

pandemic, and to reduce the spread of 

COVID–19, President Biden issued 

Executive Order 13998, Promoting 

COVID–19 Safety in Domestic and 

International Travel, on January 21, 

2021, requiring masks to be worn in 

airports, on commercial aircraft, and in 

various modes of surface transportation,