59140 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

Dated: September 15, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region IV.

[FR Doc. 00–25345 Filed 10–3–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket 99–81; FCC 00–302]

Policies and Service Rules for the

Mobile Satellite Service in the 2 GHz

Band

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications

Commission has adopted licensing and

service rules for entities to provide

Mobile Satellite Service in the 2 GHz

Band, specifically the 1990–2025 MHz

and 2165–2200 MHz frequency bands.

System proponents currently on file are

required to amend their proposals to

comply with the adopted rules.

Following a public comment period,

qualified systems will be authorized to

operate. Upon launch, these new

systems will provide mobile voice, data,

Internet and other services to U.S.

consumers for communications in the

United States and around the world.

DATES: Effective November 3, 2000.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW., TW–

325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For

more information regarding the Report

and Order contact Howard Griboff (202)

418–0657 of the International Bureau.

For more information regarding the

information collections in the Report

and Order, contact Judy Boley at 202–

418–0214; 445 12th Street SW., Rm. 1–

C804, Washington DC 20554 or via

internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in IB Docket No. 99–81; FCC

00–302, adopted August 14, 2000 and

released on August 25, 2000. The

complete text of this Report and Order

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room), 445 12th

Street, SW., Washington, DC 20554, and

also may be purchased from the

Commission’s copy contractor,

International Transcription Service, Inc.

(ITS, Inc.), 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Summary of Report and Order

The Federal Communications

Commission has adopted rules for the 2

GHz (1990–2025MHz/2165–2200 MHz)

mobile satellite services (MSS). These

systems will provide mobile voice, data,

Internet and other services to U.S.

consumers for communications in the

United States and around the world.

The systems under consideration

include geostationary and nongeostationary orbit systems.

The Commission adopted an

innovative band arrangement that can

accommodate the multiple and

technically-diverse systems that have

requested authorization and described

the method to be used for licensing.

Pursuant to the Commission’s new

rules, each authorized system will

receive an equal share of the available

frequencies. A licensee will select the

specific frequencies in which its

primary service operations will take

place at the time it has launched one

satellite into its intended orbit. In

addition, because there are a number of

incumbent terrestrial services (e.g.,

broadcast auxiliary service and and

fixed microwave service) in the 2 GHz

MSS bands, each authorized system will

have flexibility to operate at other

frequencies in the band. This flexibility

may lower the costs of relocating

incumbent systems and facilitate

quicker deployment of service. To

encourage delivery of mobile satellite

services to rural service areas, the

Commission reserved an additional

spectrum segment to be awarded in

equal shares to systems demonstrating

that a percentage of their capacity is

contracted with service providers that

offer service to consumers in rural and

unserved service areas.

The Commission found that it was not

necessary to apply financial

qualification requirements to the

applicants because there is sufficient

spectrum to accommodate all of the

proposed systems. 2 GHz MSS licenses

will be for a fifteen-year period.

Consistent with its past spectrum

management policies, the Commission

is requiring that system proponents

enter non-contingent satellite

manufacturing contracts within one year

of authorization and launch of

authorized 2 GHz MSS systems no later

than six years from the date of

authorization. System proponents will

have to complete critical design review

(CDR) within two years of authorization.

The rules require that physical

construction of all satellites in the

system commence within two and a half

years of authorization (nongeostationary systems) and three years

of authorization (geostationary systems).

Construction and launch of the first two

satellites must be complete within three

and a half years of grant for nongeostationary systems and five years for

geostationary systems. Non-compliance

with implementation milestones will

result in cancellation of the

authorization. Failure to file a timely

certification of milestone compliance, or

filing disclosure of non-compliance,

will result in automatic cancellation of

an operator’s system authorization with

no further action required on the

Commission’s part.

In addition, the new rules require

disclosure, prior to authorization, of

orbital debris mitigation measures for 2

GHz MSS systems. The Commission

also addressed provision of distress and

safety communications and 911

services, and stated that it would study

this issue in greater detail in the

pending Global Mobile Personal

Communications by Satellite

proceeding.

The system proponents are required

to amend their proposals to comply

with the rules adopted on or before

November 3, 2000. Following a public

comment period, qualified systems will

be authorized to operate.

Final Regulatory Flexibility Analysis

A. Need for, and Objectives of, This

Report and Order

This Report and Order establishes a

spectrum authorization approach to

accommodate all proposed 2 GHz MSS

systems, and service rules to govern the

2 GHz MSS systems. These actions are

designed to assign the 2 GHz MSS

spectrum to applicants, or reserve the 2

GHz MSS spectrum in the case of letter

of intent filers, in an efficient manner.

At the same time, these rules are

designed to ensure systems implement

their proposals in a manner that serves

the public interest and results in the

continued deployment of mobile

satellite services to the public, with

minimal disruption to existing 2 GHz

band permittees and licensees.

B. Summary of Significant Issues Raised

in Comments in Response to the IRFA

There were no comments which

solely discussed or addressed the IRFA.

The Commission has nonetheless

considered any potential significant

economic impact of the rules on small

entities, and has designed its rules to

reduce regulatory burdens on these

entities accordingly.

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59141

C. Description and Estimate of Number

of Small Entities to Which Rules Will

Apply

The Commission has not developed a

definition of small entities applicable to

geostationary or non-geostationary orbit

fixed-satellite or mobile satellite service

operators. Therefore, the applicable

definition of small entity is the

definition under the Small Business

Administration (SBA) rules applicable

to Communications Services, Not

Elsewhere Classified. This definition

provides that a small entity is one with

$11.0 million or less in annual receipts.

13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4899.

According to Census Bureau data, there

are 848 firms that fall under the category

of Communications Services, Not

Elsewhere Classified, which could

potentially fall into the 2 GHz MSS

category. Of those, approximately 775

reported annual receipts of $11 million

or less and qualify as small entities. U.S.

Bureau of Census, U.S. Department of

Commerce, 1992 Census of

Transportation, Communications,

Utilities, UC92–S–1, Subject Series,

Establishment and Firm Size, Table 2D,

Employment Size of Firms: 1992, SIC

Code 4899 (issued May 1995). The rules

adopted in this Report and Order apply

only to entities providing 2 GHz mobile

satellite service. At least one of the 2

GHz MSS system proponents may be

considered a small business at this time.

Small businesses often do not have the

financial ability to become 2 GHz MSS

system operators because of the high

implementation costs associated with

satellite systems and services. By the

time of system implementation, we

expect that the one small entity will no

longer be considered a small business

due to the capital requirements for

launching and operating its proposed

system. Therefore, because of the high

implementation costs of providing 2

GHz MSS, we believe that this Report

and Order will have no significant

impact on small entities.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

The rules adopted in the Report and

Order affect those entities applying for

2 GHz MSS space station and earth

station authorizations and those

participating in assignment of 2 GHz

MSS spectrum. As an initial matter, the

nine 2 GHz MSS system proponents

under consideration in this Report and

Order are required to submit

amendments to their previously-filed

applications or letters of intent, to

conform their proposed systems to the

spectrum authorization and service

rules adopted herein, including an

orbital debris statement. The adopted

rules also require each authorized 2 GHz

MSS system to notify the Commission

that it has met construction milestones,

notify the Commission as to which

spectrum block it chooses as its

preferred spectrum block at the time

that the first satellite in its system

reaches its intended orbit, and, if it

desires additional spectrum under the

rural service initiative, notify the

Commission of how it has achieved the

required rural service criteria. Once

operational, the 2 GHz MSS systems

may need to coordinate with each other

the use of spectrum outside of its

preferred spectrum block. These

negotiations are likely to require the

skills of engineers to evaluate the

technical requirements of co-frequency

spectrum sharing and/or adjacent

frequency operation on a noninterference basis.

E. Steps Taken To Minimize Significant

Economic Impact on Small Entities and

Significant Alternatives Considered

In developing the rules and policies

adopted in this Report and Order, the

Commission has attempted to minimize

the burdens on all entities in order to

allow maximum participation in the 2

GHz MSS market, while achieving the

item’s other objectives. The Commission

considered band arrangements that

would have assigned specified blocks of

spectrum based on modulation

technology (i.e., code division multiple

access or time division multiple access).

Similarly, the Commission considered

Globalstar’s suggested band arrangement

that would have required all systems to

pre-negotiate a sharing architecture. The

Commission rejected these alternatives,

in part because these alternatives would

have required all 2 GHz MSS operators

to choose their technological parameters

immediately, rather than allowing

systems to optimize designs in order to

promote innovation and reduce the

economic impact of system build-out. In

addition, to reduce the 2 GHz MSS

operators’ incumbent relocation costs,

the Commission will exempt any 2 GHz

MSS operator from relocation

obligations if it is capable of sharing

spectrum on a non-interference basis

with the existing incumbent operations.

Paperwork Reduction Act

This Report and Order contains a new

or modified information collection. The

Federal Communications Commission,

as part of its continuing effort to reduce

paperwork burden invites the general

public and other Federal agencies to

take this opportunity to comment on the

following information collection, as

required by the Paperwork Reduction

Act of 1995, Public Law 104–13.

Comments on emergency request for

approval of information collections are

due on or before October 25, 2000;

public and agency comments on the

regular request for approval of the

information collections are due on or

before December 4, 2000.

Comments should address: (a)

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimate; (c) ways to enhance

the quality, utility, and clarify of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology. These

comments on both regular and

emergency requests for approval of the

information collection should be

submitted to Judy Boley at 445 12th

Street S.W., Rm. 1–C804, Washington

DC 20554 or via internet at

jboley@fcc.gov; phone 202–418–0214. In

addition, comments on the emergency

request for approval of the information

collections should be submitted to

Edward C. Springer, OMB Desk Officer,

Rm. 10236 NEOB, 725 17th Street, NW.,

Washington, DC 20503, or via the

Internet to

Edward.Springer@omb.eop.gov.

OMB Approval Number: 3060-XXXX.

Title: 2 GHz Mobile Satellite Service

Reports.

Form No.: NA.

Type of Collection: New Collection.

Respondents: Business or other forprofit.

Number of Respondents: 9.

Estimated Time for Response: 3 hours.

Total Annual Burden: 27 hours.

Estimated Annual Reporting and

Recordkeeping Cost Burden: $14,000.

Needs and Uses: The information will

be used by the Federal Communications

Commission (FCC) and interested

members of the public to ensure

compliance with the rules adopted for

the 2 GHz mobile satellite service.

Specifically, the rules require disclosure

in the form of a narrative statement,

through amendments to applications or

letters of intent, of orbital debris

mitigation design and operational

strategies and a casualty risk assessment

if planned post-mission disposal

involves atmospheric re-entry of

spacecraft. This requirement will permit

the Commission and the public to

comment on each system’s design. 2

59142 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

GHz mobile satellite systems receiving

expansion spectrum as part of the rural

and unserved areas spectrum incentive

must provide a report on the actual

number of subscriber minutes

originating or terminating in unserved

areas as a percentage of the actual U.S.

system use. This rule will permit the

Commission to verify that service is

being provided in rural and unserved

areas. In addition, system proponents

will have to complete critical design

review (CDR) within two years of

authorization. CDR is a new milestone

for satellite services and will permit the

Commission to more closely monitor

system construction. Without such

information, the FCC could not

determine whether satellite licenses are

operating in conformance with its rules.

Ordering Clauses

Pursuant to Sections 4(i), 7, 302,

303(c), 303(e), 303(f) and 303(r) of the

Communications Act of 1934, as

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

302, 303(c), 303(e), 303(f) and 303(r),

this Report and Order Is Adopted and

that part 25 of the Commission’s Rules

Is Amended and is effective November

3, 2000.

The applicants and LOI filers will be

required to file conforming amendments

and all necessary fees no later than

November 3, 2000 for continued

consideration in this processing round.

The Regulatory Flexibility Analysis,

as required by Section 604 of the

Regulatory Flexibility Act, Is Adopted.

The Commission’s Consumer

Information Bureau, Reference

Information Center, Shall Send a copy

of this Report and Order, including the

Final Regulatory Flexibility Analysis, to

the Chief Counsel for Advocacy of the

Small Business Administration.

List of Subjects in 47 CFR Part 25

Satellites.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 25 as

follows:

1. The authority citation for part 25 is

revised to read as follows:

Authority: 47 U.S.C. 701–744. Interprets or

applies Sections 4, 301, 302, 303, 307, 309

and 332 of the Communications Act, as

amended, 47 U.S.C. Sections 154, 301, 302,

303, 307, 309 and 332, unless otherwise

noted.

2. Section 25.114 is amended by

revising paragraphs (c)(6)(iii) and (c)(21)

to read as follows:

§ 25.114 Applications for space station

authorizations.

* * * * *

(c) * * *

(6) * * *

(iii) If applicable, the feeder link and

inter-satellite service frequencies

requested for the satellite, together with

any demonstration otherwise required

by this chapter for use of those

frequencies (see, e.g., §§ 25.203(j) and

(k));

* * * * *

(21) Applications for authorizations in

the 1.6/2.4 GHz Mobile-Satellite Service

or 2 GHz Mobile-Satellite Service shall

also provide all information specified in

§ 25.143.

* * * * *

3. Section 25.115 is amended by

revising paragraph (d) to read as

follows:

§ 25.115 Application for earth station

authorizations.

* * * * *

(d) User transceivers in the NVNG,

1.6/2.4 GHz Mobile-Satellite Service,

and 2 GHz Mobile-Satellite Service need

not be individually licensed. Service

vendors may file blanket applications

for transceivers units using FCC Form

312, Main Form and Schedule B, and

specifying the number of units to be

covered by the blanket license. Each

application for a blanket license under

this section shall include the

information described in § 25.136.

* * * * *

4. Section 25.121 is amended by

revising paragraph (a) to read as follows:

§ 25.121 License term and renewals.

(a) License term. Licenses for facilities

governed by this part will be issued for

a period of 10 years, except that licenses

and authorizations in the 2 GHz MobileSatellite Service will be issued for a

period of 15 years.

* * * * *

5. Section 25.133 is amended by

revising paragraph (b) to read as follows:

§ 25.133 Period of construction;

certification of commencement of

operation.

* * * * *

(b) Each license for a transmitting

earth station included in this part shall

also specify as a condition therein that

upon the completion of construction,

each licensee must file with the

Commission a certification containing

the following information: The name of

the licensee; file number of the

application; call sign of the antenna;

date of the license; a certification that

the facility as authorized has been

completed and that each antenna

facility has been tested and is within 2

dB of the pattern specified in §§ 25.209,

25.135 (NVNG MSS earth stations), or

§ 25.213 (1.6/2.4 GHz Mobile-Satellite

Service and 2 GHz Mobile-Satellite

Service earth stations); the date on

which the station became operational;

and a statement that the station will

remain operational during the license

period unless the license is submitted

for cancellation. For stations authorized

under § 25.115(c) (Large Networks of

Small Antennas operating in the 12/14

GHz bands) and § 25.115(d) (User

Transceivers in the Mobile-Satellite

Service), a certificate must be filed

when the network is put into operation.

* * * * *

6. Section 25.136 is revised to read as

follows:

§ 25.136 Operating provisions for earth

station networks in the 1.6/2.4 GHz mobilesatellite service and 2 GHz mobile-satellite

service.

In addition to the technical

requirements specified in § 25.213, earth

stations operating in the 1.6/2.4 GHz

Mobile-Satellite Service or 2 GHz

Mobile-Satellite Service are subject to

the following operating conditions:

(a) User transceiver units associated

with the 1.6/2.4 GHz Mobile-Satellite

Service or 2 GHz Mobile-Satellite

Service may not be operated on civil

aircraft unless the earth station has a

direct physical connection to the aircraft

Cabin Communication system.

(b) No person shall transmit to a space

station unless the user transceiver is

first authorized by the space station

operator or by a service vendor

authorized by that operator, and the

specific transmission is conducted in

accordance with the operating protocol

specified by the system operator.

(c) Any user transceiver unit

associated with this service will be

deemed, when communicating with a

particular 1.6/2.4 GHz Mobile-Satellite

Service or 2 GHz Mobile-Satellite

Service system pursuant to paragraph

(b) of this section, to be temporarily

associated with and licensed to the

system operator or service vendor

holding the blanket earth station license

awarded pursuant to § 25.115(d). The

domestic earth station licensee shall, for

this temporary period, assume the same

licensee responsibility for the user

transceiver as if the user transceiver

were regularly licensed to it.

7. Section 25.137 is amended by

adding paragraph (d) to read as follows:

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59143

§ 25.137 Application requirements for

earth stations operating with non-U.S.

licensed space stations.

* * * * *

(d) Earth station applicants requesting

authority to operate with a non-U.S.

licensed space station must demonstrate

that the space station the applicant

seeks to access has complied with all

applicable Commission milestones,

reporting requirements, and any other

applicable service rules required for

non-U.S. licensed systems to operate in

the United States.

8. Section 25.143 is amended by

revising paragraphs (a), (b)(1), (b)(2),

(e)(1), (e)(1)(iii), and (f)(1), and by

adding paragraph (e)(3) to read as

follows:

§ 25.143 Licensing provisions for the 1.6/

2.4 GHz mobile-satellite service and 2 GHz

mobile-satellite service.

(a) System license. Applicants

authorized to construct and launch a

system of technically identical satellites

will be awarded a single ‘‘blanket’’

license. In the case of non-geostationary

satellites, the blanket license will cover

a specified number of space stations to

operate in a specified number of orbital

planes. In the case of geostationary

satellites, as part of a geostationary-only

satellite system or a geostationary/nongeostationary hybrid satellite system, an

individual license will be issued for

each satellite to be located at a

geostationary orbital location.

* * * * *

(b) * * *

(1) General requirements. Each

application for a space station system

authorization in the 1.6/2.4 GHz MobileSatellite Service or 2 GHz MobileSatellite Service shall describe in detail

the proposed satellite system, setting

forth all pertinent technical and

operational aspects of the system, and

the technical, legal, and financial

qualifications of the applicant. In

particular, each application shall

include the information specified in

§ 25.114. Non-U.S. licensed systems

shall comply with the provisions of

§ 25.137. System proponents seeking

authorization in the 2 GHz MobileSatellite Service also shall describe the

design and operational strategies that

they will use, if any, to mitigate orbital

debris. Applicants must submit a

casualty risk assessment if planned

post-mission disposal involves

atmospheric re-entry of the spacecraft.

(2) Technical qualifications. In

addition to providing the information

specified in paragraph (b)(1) of this

section, each applicant and letter of

intent filer shall demonstrate the

following:

(i) That a proposed system in the 1.6/

2.4 GHz MSS frequency bands employs

a non-geostationary constellation or

constellations of satellites;

(ii) That a system proposed to operate

using non-geostationary satellites be

capable of providing mobile satellite

services to all locations as far north as

70 deg. North latitude and as far south

as 55 deg. South latitude for at least

75% of every 24-hour period, i.e., that

at least one satellite will be visible

above the horizon at an elevation angle

of at least 5 deg. for at least 18 hours

each day within the described

geographic area;

(iii) That a system proposed to operate

using non-geostationary satellites be

capable of providing mobile satellite

services on a continuous basis

throughout the fifty states, Puerto Rico

and the U.S. Virgin Islands, i.e., that at

least one satellite will be visible above

the horizon at an elevation angle of at

least 5 deg. at all times within the

described geographic areas; and

(iv) That a system only using

geostationary orbit satellites, at a

minimum, be capable of providing

mobile satellite services on a continuous

basis throughout the 50 states, Puerto

Rico, and the U.S. Virgin Islands, if

technically feasible.

(v) That operations will not cause

unacceptable interference to other

authorized users of the spectrum. In

particular, each application in the 1.6/

2.4 GHz frequency bands shall

demonstrate that the space station(s)

comply with the requirements specified

in § 25.213.

* * * * *

(e) * * *

(1) All operators of 1.6/2.4 GHz

Mobile-Satellite Service systems and 2

GHz Mobile-Satellite Service systems

shall, on October 15 of each year, file

with the International Bureau and the

Commission’s Columbia Operations

Center, Columbia, Maryland, a report

containing the following information

current as of September 30 of that year:

* * * * *

(iii) A detailed description of the

utilization made of the in-orbit satellite

system. That description should identify

the percentage of time that the system

is actually used for U.S. domestic or

transborder transmission, the amount of

capacity (if any) sold but not in service

within U.S. territorial geographic areas,

and the amount of unused system

capacity. 2 GHz Mobile Satellite systems

receiving expansion spectrum as part of

the unserved areas spectrum incentive

must provide a report on the actual

number of subscriber minutes

originating or terminating in unserved

areas as a percentage of the actual U.S.

system use; and

* * * * *

(3) All operators of 2 GHz MobileSatellite Service systems must begin

system construction upon award of a

service link license to U.S.-based

applicants, or upon designation of

spectrum for non-U.S.-based systems, in

accordance with milestones set forth in

the respective system’s authorization.

All operators of 2 GHz Mobile-Satellite

Service systems shall, within 10 days

after a required implementation

milestone as specified in the system

authorization, certify to the Commission

by affidavit that the milestone has been

met or notify the Commission by letter

that it has not been met. At its

discretion, the Commission may require

the submission of additional

information (supported by affidavit of a

person or persons with knowledge

thereof) to demonstrate that the

milestone has been met. Failure to file

timely certification of milestones, or

filing disclosure of non-compliance,

will result in automatic cancellation of

the authorization with no further action

required on the Commission’s part.

* * * * *

(f) * * *

(1) Stations operating in the 1.6/2.4

GHz Mobile-Satellite Service and 2 GHz

Mobile-Satellite Service that are

voluntarily installed on a U.S. ship or

are used to comply with any statute or

regulatory equipment carriage

requirements may also be subject to the

requirements of sections 321(b) and 359

of the Communications Act of 1934.

Licensees are advised that these

provisions give priority to radio

communications or signals relating to

ships in distress and prohibits a charge

for the transmission of maritime distress

calls and related traffic.

* * * * *

9. Section 25.201 is amended by

adding the following definition in

alphabetical order to read as follows:

§ 25. 201 Definitions.

* * * * *

2 GHz Mobile-Satellite Service. A

mobile-satellite service that operates in

the 1990–2025 MHz and 2165–2200

MHz frequency bands, or in any portion

thereof.

* * * * *

10. Section 25.202 is amended by

revising paragraph (a)(4) to read as

follows:

§ 25. 202 Frequencies, frequency tolerance

and emission limitations.

(a) * * *

59144 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

(4)(i) The following frequencies are

available for use by the 1.6/2.4 GHz

Mobile-Satellite Service:

1610–1626.5 MHz: User-to-Satellite

Link

1613.8–1626.5 MHz: Satellite-to-User

Link (secondary)

2483.5–2500 MHz: Satellite-to-User

Link

(ii) The following frequencies are

available for use by the 2 GHz MobileSatellite Service:

1990–2025 MHz: User-to-Satellite Link

2165–2200 MHz: Satellite-to-User Link

* * * * *

11. Section 25.203 is amended by

revising paragraph (c) introductory text

to read as follows:

§ 25.203 Choice of sites and frequencies.

* * * * *

(c) Prior to the filing of an application,

an earth station applicant shall

coordinate the proposed frequency

usage with existing terrestrial users and

with applicants for terrestrial station

authorizations with previously filed

applications in accordance with the

following procedure:

* * * * *

12. Section 25.279 is amended by

revising paragraph (a) to read as follows:

§ 25.279 Inter-satellite service.

(a) Any satellite communicating with

other space stations may use frequencies

in the inter-satellite service as indicated

in § 2.106 of this chapter. This does not

preclude the use of other frequencies for

such purposes as provided for in several

service definitions, e.g., FSS. The

technical details of the proposed intersatellite link shall be provided in

accordance with § 25.114(c).

* * * * *

[FR Doc. 00–25388 Filed 10–3–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2147; MM Docket No. 00–22; RM–

9795]

Radio Broadcasting Services;

Charlotte, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

272A to Charlotte, Texas, in response to

a petition filed by Kay-Zam Radio

Company. See 65 FR 8931, February 23,

2000. The coordinates for Channel 272A

at Charlotte are 28–46–00 NL and 98–

42–00 WL. There is a site restriction

10.7 kilometers (6.7 miles) south of the

community. A filing window for

Channel 272A at Charlotte will not be

opened at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

DATES: Effective November 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 00–22,

adopted September 13, 2000, and

released September 22, 2000. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center, 445

12th Street, SW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Charlotte, Channel 272A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–25391 Filed 10–3–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2156; MM Docket No. 99–57; RM–

9460, RM–9610]

Radio Broadcasting Services; Upton

and Pine Haven, WY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Windy Valley Broadcasting,

allots Channel 290C1 at Upton,

Wyoming, as the community’s first local

aural transmission service (RM–9460).

See 64 FR 8786, February 23, 1999. At

the request of Mount Rushmore

Broadcasting, Inc., we also allot Channel

283A at Upton, Wyoming, and Channel

259A at Pine Haven, Wyoming (RM–

9610). Channels 283A and 290C1 can be

allotted to Upton in compliance with

the Commission’s minimum distance

separation requirements at city

reference coordinates. The coordinates

for Channels 283A and 290C1 at Upton

are 44–05–54 North Latitude and 104–

37–36 West Longitude. Additionally,

Channel 259A can be allotted to Pine

Haven in compliance with the

Commission’s minimum distance

separation requirements at city

reference coordinates. The coordinates

for Channel 259A at Pine Haven are 44–

21–28 North Latitude and 104–48–36

West Longitude.

DATES: Effective November 6, 2000. A

filing window for Channels 283A and

290C1 at Upton, Wyoming, and Channel

259A at Pine Haven, Wyoming, will not

be opened at this time. Instead, the issue

of opening filing windows for these

channels will be addressed by the

Commission in a subsequent order.

ADDRESSES: Federal Communications

Commission, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–57,

adopted September 13, 2000, and

released September 22, 2000. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Information Center

(Room CY–A257), 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 54, 303, 334, 336.