49484 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, Feb. 16, 1994). 

In addition, this final rule is not 

approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, Nov. 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., which was included 

as part of the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of Congress and 

to the Comptroller General of the United 

States. The EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

42 U.S.C. 7607(b)(1), petitions for 

judicial review of this action must be 

filed in the United States Court of 

Appeals for the Second Circuit by 

November 2, 2021. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review, nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2), 42 U.S.C. 7607(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Waste 

treatment and disposal. 

Dated: August 26, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as set 

forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Amend § 62.8103, by adding 

paragraphs (d) through (g) to read as 

follows: 

§ 62.8103 Identification of plan. 

* * * * * 

(d) Identification of plan: On July 12, 

2013, the New York State Department of 

Environmental Conservation (NYSDEC) 

submitted to the Environmental 

Protection Agency (EPA) a Clean Air 

Act section 111(d)/129 revised plan, and 

the associated Table 2 of subdivision 

200.10(b) at Part 200 of Title 6 NYCRR, 

addressing 40 CFR part 60 subpart Cb, 

‘‘Emissions Guidelines and Compliance 

Times for Large Municipal Waste 

Combustors That are Constructed on or 

Before September 20, 1994,’’ as 

amended on May 10, 2006. The plan 

includes the regulatory provisions cited 

in paragraph (g) of this section, which 

the EPA incorporates by reference. 

(e) Identification of sources: The plan 

applies to all existing facilities in New 

York with a municipal waste 

combustion capacity greater than 250 

tons per day of municipal solid waste 

for which construction commenced on 

or before September 20, 1994, and 

which are subject to 40 CFR part 60 

subpart Cb. 

(f) Effective date: The effective date of 

the plan for October 4, 2021. 

(g) Incorporation by reference: 

(1) The material incorporated by 

reference in this section was approved 

by the Director of the Federal Register 

Office in accordance with 5 U.S.C. 

552(a)(1) and 1 CFR part 51. The 

material is available from the sources 

identified elsewhere in this paragraph. 

It may be inspected or obtained from the 

EPA Region 2 Office, 290 Broadway, 

25th Floor, New York, New York 

10007–1866, 212–637–3378. It may be 

inspected at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(2) State of New York, Department of 

State, Albany, New York 12231; https:// 

dos.ny.gov/state-register. 

(i) 6 NYCRR sec. 200.10(b)–Cb: 

Official Compilation of (New York) 

Codes, Rules and Regulations; Title 6— 

Environmental Conservation; Part 200— 

General Provisions; Section 200.10— 

Federal standards and requirements; 

Paragraph (b)—Table 2—Delegated 

Federal New Source Performance 

Standards of 40 CFR 60, entry Cb, Large 

Municipal Waste Combustors That are 

Constructed on or Before September 20, 

1994; effective September 4, 2019 

(original effective date: October 20, 

2007) 

(ii) [Reserved] 

[FR Doc. 2021–19005 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 06–160; FCC 19–93; FR ID 

17010] 

Processing Applications in the Digital 

Broadcast Satellite Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order, the 

Federal Communications Commission 

(FCC) amends its rules to establish a 

licensing and regulatory framework for 

space stations in the Digital Broadcast 

Satellite Service in the 12.2–12.7 GHz 

and 17.3–17.8 GHz frequency bands that 

harmonizes the rules regulating DBS 

with those regulating geostationarysatellite orbit Fixed-Satellite Service 

systems. 

DATES: Effective October 4, 2021, except 

for instructions 3 (47 CFR 25.108(c)(5) 

and (6)), 5 (47 CFR 25.114(a)(3)) and 7 

(47 CFR 25.140(b)(6)). The FCC will 

publish a document in the Federal 

Register announcing the effective date 

for those sections. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of October 4, 2021, except for 

the material referenced in 47 CFR 

25.140. The FCC will publish a 

document in the Federal Register 

announcing the approval date of the 

material in that section. 

FOR FURTHER INFORMATION CONTACT: 

Sean O’More, International Bureau, 

Satellite Division, 202–418–2453, 

sean.omore@fcc.gov. 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49485 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 19–93, adopted 

September 26, 2019, and released 

September 27, 2019. The full text of the 

Report and Order is available at https:// 

apps.fcc.gov/edocs_public/attachmatch/ 

FCC-19-93A1.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). 

Paperwork Reduction Act 

This document contains new and 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invited the general 

public and the Office of Management 

and Budget to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995. In addition, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

we sought specific comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

concurs, that these rules are ‘‘non-major 

under the Congressional Review Act, 5 

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

send a copy of this Report & Order to 

Congress and the Government 

Accountability Office pursuant to 5 

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

Synopsis 

In this Order, the Commission 

establishes a licensing and regulatory 

framework for DBS satellite systems 

analogous to that which currently exists 

for geostationary (GSO) Fixed-Satellite 

Service (FSS) systems. First, the 

Commission will process requests for 

new DBS service on the same ‘‘firstcome, first-served’’ basis—including an 

optional, two-step application process— 

that governs GSO FSS licensing. 

Second, the Commission applies the 

milestone and bond requirements for 

the geostationary Fixed-Satellite Service 

to DBS. Third, the Commission extends 

the license terms of non-broadcast DBS 

space stations from 10 to 15 years. 

Fourth, the Commission lifts the 

‘‘freeze’’ on new DBS applications that 

has been in place since 2006, when the 

Commission last proposed changes to 

the DBS licensing regime in a 2006 

Notice of Proposed Rulemaking (2006 

Notice). Finally, the Commission 

clarifies that requests for new DBS at 

orbital locations less than nine degrees 

apart will be accepted, but that any new 

DBS systems at such reduced-spacing 

orbital locations must not increase 

interference to DBS systems at the 

internationally-planned nine-degree 

orbital locations. 

While the Commission currently has 

no DBS license applications before it, 

clarification of the rules and 

harmonization of those rules with the 

recently-updated rules governing the 

licensing of GSO FSS will facilitate the 

licensing of new DBS systems and may 

encourage interest in new DBS systems. 

License Application Processing 

Procedures. The Commission adopts 

rules for processing requests to provide 

new DBS service to U.S. consumers. 

These rules apply to any future request 

to provide DBS service to the United 

States using the 12.2–12.7 GHz band 

(space-to-Earth) and associated feeder 

links in the 17.3–17.8 GHz band (Earthto-space), including channels not 

currently licensed at orbit locations 

assigned to the United States under the 

International Telecommunication Union 

(ITU) Region 2 BSS and feeder-link 

Plans (Region 2 Plan), as well as DBS 

service from space stations located at 

orbital locations not assigned to the 

United States in the ITU Region 2 BSS 

and feeder-link Plans. 

The Commission will treat requests to 

provide DBS using a ‘‘first-come, firstserved’’ licensing approach used for 

GSO-like FSS and to eliminate DBS 

competitive bidding procedures. Based 

on the court holding in Northpoint and 

the record in response to the 2006 

Notice, the Commission concludes that 

DBS licenses cannot be auctioned at this 

time. 

DBS is similar to GSO FSS, except for 

certain technical features required to 

protect DBS consumers from 

interference while using small receiveonly antennas, and therefore DBS is 

well suited to using the same processing 

procedure as used for GSO FSS. 

Comments received in response to the 

Second NPRM in this proceeding 

supported use of ‘‘first-come, firstserved’’ procedures for DBS. 

Application Processing Framework. 

The Commission applies the 

streamlined procedures we recently 

adopted for FSS space stations in the 

Part 25 Streamlining Order. 

Applications for authority to 

construct, deploy and operate a space 

station to provide DBS service, or 

requests for U.S. market access to 

provide DBS service to earth stations in 

the United States using a non-U.S. 

licensed space station under section 

25.137 of the Commission’s rules, must 

provide the technical information 

required by section 25.114 of the 

Commission’s rules. Of particular 

applicability to DBS service, the 

following technical information must be 

provided under section 25.114: (1) 

Whether the space station is to be 

operated on a broadcast or nonbroadcast basis; and (2) information and 

analyses in the event that the technical 

characteristics of the proposed system 

differ from those in the Appendix 30 

BSS Plans, the Appendix 30A feeder 

link Plans, Annex 5 to Appendix 30 or 

Annex 3 to Appendix 30A of the ITU 

Radio Regulations. 

Milestone and Bond. The Commission 

will apply sections 25.164 (Milestones) 

and 25.165 (Surety Bonds) to 

authorizations and grants of U.S. market 

access to provide DBS service. The 

Commission’s milestone and bond 

requirements are intended to deter 

warehousing by satellite operators 

before a proposed space station has been 

launched and begun operations. In this 

instance, warehousing refers to the 

retention of preemptive rights to use 

spectrum and orbital resources by an 

entity that does not intend to bear the 

cost and risk of constructing, launching, 

and operating an authorized space 

station, is not fully committed to doing 

so, or finds out after accepting the 

license that it is unable to fulfill the 

associated obligations. Such milestone 

requirements extend not only to U.S. 

licensees, but also to operators of nonU.S. licensed space stations that have 

been granted access to the U.S. market. 

In 2015, the Commission substantially 

streamlined the milestone and bond 

provisions contained in sections 25.164 

and 25.165 of the Commission rules. 

Specifically, the Commission eliminated 

all of the space station construction 

milestones, except the requirements to 

bring a space station into operation at 

the assigned location within a specified 

period of time. Also, in order to provide 

better incentives against spectrum 

warehousing, the Commission modified 

the space station bond requirement to 

increase liability over time. 

License Term. The Commission 

extends the license term for DBS space 

stations not licensed as broadcast 

facilities to 15 years from the current 

term of 10 years. Currently, licenses for 

DBS space stations licensed as broadcast 

facilities are issued for a period of 8 

years, and licenses for DBS space 

stations not licensed as broadcast 

facilities are issued for 10 years. The 8- 

year term for broadcast stations is 

established by the Communications Act. 

Because all current DBS licensees offer 

subscription services, all existing DBS 


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49486 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

operators are classified as non-broadcast 

licensees and their license terms were 

extended to 10 years. Subsequently, the 

Telecommunications Act of 1996 

granted the Commission authority to 

establish license terms longer than 10 

years for non-broadcast stations. 

The Commission concludes that 

issuing non-broadcast DBS space station 

licenses for 15 years would better reflect 

the useful life of new DBS satellites, as 

our extension of the license term for 

such DBS space stations from 5 to 10 

years did in 1995. There are no 

technical or engineering considerations 

that render the operating life of a DBS 

satellite shorter than the operating life 

of a non-DBS satellite, such as those 

used to provide GSO FSS, and DBS 

satellites generally are able to provide 

service beyond their initial 10-year 

license terms. It would also make DBS 

space station license terms consistent 

with the terms of most other space 

stations. 

Optional Two-Step FCC/ITU License 

Application Process. The Commission 

adopted an optional two-step 

application process for GSO FSS 

applicants in 2015. Under that two-step 

application process, an applicant for a 

GSO FSS license using frequencies in 

‘‘unplanned’’ bands must submit a draft 

Coordination Request filing to the 

Commission using a simplified 

application form—Form 312 (Main 

Form)—pay the full license application 

fee and post a $500,000 bond in order 

to establish and perfect a queue 

position. This first-step application 

submission establishes a place in the 

space station application processing 

queue as of the time of filing of the 

simplified Form 312 with the 

Commission. As a second step, the 

prospective licensee must file a 

complete license application within two 

years of submission of the Coordination 

Request materials or forfeit the value of 

the bond and lose the queue status 

gained by the prior Coordination 

Request filing. This two-step application 

process is completely optional, and, as 

an alternative, applicants may file a full 

application without first submitting a 

draft Coordination Request or posting 

the corresponding $500,000 bond. The 

Commission adopted a similar two-step 

application process for GSO FSS 

operation in ‘‘planned’’ frequency bands 

subject to Appendix 30B of the ITU 

Radio Regulations. The Commission 

extends the two-step process for GSO 

FSS operations in unplanned bands to 

DBS operations in planned bands, and, 

in this respect, will treat ITU filings to 

modify an existing frequency 

assignment in the Region 2 Plan, to 

include a new frequency assignment in 

the Region 2 Plan, or to include a new 

or modified frequency assignment in the 

List of the Regions 1 and 3 Plan in the 

same manner as a Coordination Request 

filing for GSO FSS operation in nonplanned bands. 

Unlike Coordination Requests in nonplanned bands, however, the 

Commission will review a proposed 

filing under Appendices 30 and 30A 

prior to forwarding the filing to the ITU 

to ensure that it is compatible with 

other U.S. filings. This review is 

necessary to protect the rights of 

existing U.S. filings from being unduly 

eroded under the relevant ITU 

protection criteria by another U.S. filing. 

Accordingly, the party requesting a 

planned-band filing must either submit 

the results of an analysis demonstrating 

that the proposed operation will not 

‘‘affect’’ any other U.S. filing under the 

relevant ITU criteria or, if another filing 

would be deemed affected, submit a 

letter signed by the affected operator 

(which may be the same as the operator 

requesting the new filing) that it 

consents to the new filing. This review 

is consistent with our conclusions above 

regarding the processing of all requests 

for DBS service. The Commission 

likewise requires applicants for DBS 

licenses using the two-step procedure to 

submit the application filing fee and a 

bond of $500,000 with their 

applications and ITU filings. As noted 

above, in the FSS licensing framework, 

an applicant submission with the 

Commission under the first step of the 

optional two-step procedure must be 

accompanied by the application fee and 

a $500,000 bond. The purpose of the 

application-stage bond is to deter 

speculation during the two-year period 

of queue priority before the applicant 

must submit a completed application. 

The Commission finds that these 

considerations also apply to DBS 

licensees. 

Non-U.S. Licensed Systems. With the 

exception of the two-step processing 

procedure discussed above, the 

Commission also applies procedures 

and requirements proposed for DBS 

service license applications to requests 

to access the United States market by 

non-U.S. licensed space stations under 

our DISCO II framework. The 

Commission notes that the Commission 

decided in the DISCO II proceeding that 

entities wishing to serve the United 

States with a non-U.S. satellite, 

including DBS satellites, must file the 

same information as applicants for a 

U.S. space station license, whether or 

not that satellite is already licensed by 

another administration. Consequently, 

operators of non-U.S. licensed DBS 

space station seeking U.S. market access 

and entities filing earth station 

applications to access non-U.S. licensed 

DBS space stations must file the same 

information required under section 

25.114 of the Commission’s rules. 

The Commission further notes that 

the United States took an exemption 

from the World Trade Organization’s 

Basic Telecommunication Agreement 

for ‘‘one-way satellite transmission of 

DTH and DBS television services and 

digital audio services.’’ Thus, in order to 

serve the United States, foreign-licensed 

DBS systems must be found acceptable 

under the Effective Competitive 

Opportunities analysis the Commission 

adopted in our DISCO II proceeding in 

1997 (ECO-Sat). The Commission does 

not intend to revisit any of these 

considerations. Foreign DBS systems 

requesting market access to serve the 

United States will be considered on the 

same first-come, first-served basis as 

applications for authority to provide 

DBS services. 

Reduced Spacing for DBS Space 

Stations. The Commission concludes 

that the public interest would be served 

by granting requests for new DBS 

service via space stations at orbital 

locations less than nine degrees apart, 

but that the public interest would not be 

served by adopting specific rules, 

different from those contained in 

Appendices 30 and 30A of the ITU 

Radio Regulations, for accommodating 

requests for new DBS systems at 

reduced-spacing orbital locations. 

Instead, such requests can be processed 

using the ‘‘first-come, first-served’’ 

procedures for DBS service. 

The Commission concludes that the 

potential benefits of adopting additional 

rules requiring existing DBS service 

providers to accommodate operations at 

reduced orbital spacing are outweighed 

by the potential harms to existing 

subscribers to DBS service. As an initial 

matter, it is not clear that access to 

additional DBS orbital locations is 

needed to introduce new video 

programming services since DBS 

subscribership is dropping in the United 

States as the marketplace for the 

distribution of video programming over 

the internet continues to grow and other 

opportunities exist to provide new 

video programming services in the 

United States in several frequency 

bands already allocated for satellite 

services. These include the 17/24 GHz 

BSS ‘‘reverse’’ band, which is 

specifically allocated for the provision 

of video programming, as well as 

frequency bands allocated for Ka-band 

GSO FSS. Furthermore, the proposals 

made by proponents for additional rules 

may require changes to the equipment 

currently used to provide DBS services 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49487 

to subscribers—such as requiring larger 

customer receive antennas and changes 

to space station designs—or would 

require existing DBS providers and their 

subscribers to accept more interference 

and service unavailability than is the 

case today. 

However, the record does show that it 

is possible to accommodate the 

provision of new DBS services at 

reduced orbital spacings under existing 

rules. Specifically, our rules already 

allow us to consider requests for new 

DBS service at reduced orbital spacings 

if entities making such a request can 

coordinate their proposed operations 

with other U.S. DBS operators and 

secure agreements with other operators 

already having assignments in the ITU 

Region 2 Plans (or with prior requests 

for Plan modifications). The 

Commission will address such requests 

under these existing rules rather than 

adopt new rules. 

This approach protects current DBS 

consumers from interference and 

degradation of their video reception, 

while at the same time allowing 

potential new DBS operators to 

demonstrate—through careful system 

design, advancing technology, and 

coordination with existing DBS 

systems—that new DBS systems can 

operate at orbital spacings of less than 

nine degrees without causing harmful 

interference to existing systems and 

their customers. It will also ensure that 

operations at reduced orbital 

separations will lead to the same levels 

of interference observed between two 

DBS systems operating nine degrees 

apart, with co-frequency, co-coverage 

operation, and nominal Appendix 30 

power density levels. The Commission 

recognizes that this will require 

mitigation measures by future operators 

at reduced orbital spacings, such as 

reduced power density levels or nonfully overlapping coverages, but 

concludes that such measures are more 

easily and appropriately implemented 

by future entrants than retroactively 

imposed on existing DBS operators and 

their subscribers. 

The Commission notes that the ITU 

Appendix 30 and 30A ITU rules do not 

govern the relationship between two 

DBS systems operating under U.S. ITU 

filings, but will use the same ITU 

criteria be used to determine 

compatibility between a new DBS 

application with respect to a DBS 

system already in the processing queue 

or previously authorized, even when 

both systems are or will be operating 

under U.S. ITU filings. If any of the 

frequency assignments of the system 

already in the queue or previously 

authorized is affected, according to the 

ITU criteria, the new DBS application 

can still be considered compatible with 

this system by submission of a letter 

signed by the affected operator 

indicating that it consents to the new 

application. 

DBS Licensing ‘‘Freeze’’. The 

Commission imposed a ‘‘freeze’’ on 

requests for new DBS systems in 2005. 

Having resolved the issues that caused 

the Commission to impose that freeze, 

we lift the freeze and will begin 

accepting new applications for DBS 

licenses after the effective date of rules 

adopted in this Report and Order. New 

applications or requests for U.S. market 

access will be accepted only after a date 

specified in a public notice, which the 

International Bureau will release after 

the rules have become effective. 

Final Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Second Notice of Proposed Rulemaking 

(Second Notice) released in November 

2018 in this proceeding. The 

Commission sought written public 

comment on the proposals in the 

Second Notice, including comments on 

the IRFA. No comments were filed 

addressing the IRFA. This present Final 

Regulatory Flexibility Analysis (FRFA) 

conforms to the RFA. 

A. Need for, and Objectives of, the 

Proposed Rules 

The Report and Order modifies the 

Commission’s rules and policies for 

licensing space stations in the Digital 

Broadcasting Satellite (DBS) Service. 

These changes, among other things, 

provide a licensing system under which 

new licenses for DBS satellites in 

reduced spacing orbital slots would be 

processed according to the 

Commission’s rules for geostationary 

orbit space stations in the FixedSatellite Service. 

B. Legal Basis 

The action is authorized under 

sections 4(i), 303, and 309 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303, 309. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules May Apply 

The RFA directs agencies to provide 

a description of, and, where feasible, an 

estimate of, the number of small entities 

that may be affected by adoption of 

proposed rules. The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

In addition, the term ‘‘small business’’ 

has the same meaning as the term 

‘‘small business concern’’ under the 

Small Business Act. A small business 

concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). Below, we 

describe and estimate the number of 

small entity licensees that may be 

affected by adoption of the proposed 

rules. 

Satellite Telecommunications and All 

Other Telecommunications 

The rules adopted in this Report and 

Order affect some providers of satellite 

telecommunications services. Satellite 

telecommunications service providers 

include satellite and earth station 

operators. Since 2007, the SBA has 

recognized two census categories for 

satellite telecommunications firms: 

‘‘Satellite Telecommunications’’ and 

‘‘Other Telecommunications.’’ Under 

both categories, a business is considered 

small if it had $32.5 million or less in 

annual receipts. 

The first category of Satellite 

Telecommunications ‘‘comprises 

establishments primarily engaged in 

providing point-to-point 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ For this category, 

Census Bureau data for 2007 show that 

there were a total of 512 satellite 

communications firms that operated for 

the entire year. Of this total, 482 firms 

had annual receipts of under $25 

million. 

The second category of Other 

Telecommunications is comprised of 

entities ‘‘primarily engaged in providing 

specialized telecommunications 

services, such as satellite tracking, 

communications telemetry, and radar 

station operation. This industry also 

includes establishments primarily 

engaged in providing satellite terminal 

stations and associated facilities 

connected with one or more terrestrial 

systems and capable of transmitting 

telecommunications to, and receiving 

telecommunications from, satellite 

systems. Establishments providing 

internet services or voice over internet 

protocol (VoIP) services via clientsupplied telecommunications 

connections are also included in this 

industry.’’ For this category, Census 

Bureau data for 2007 show that there 


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49488 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

were a total of 2,383 firms that operated 

for the entire year. Of this total, 2,346 

firms had annual receipts of under $25 

million. We anticipate that some of 

these ‘‘Other Telecommunications 

firms,’’ which are small entities, are 

earth station applicants/licensees that 

might be affected if our proposed rule 

changes are adopted. 

We anticipate that our rule changes 

may have an impact on earth station and 

space station applicants and licensees. 

Space station applicants and licensees, 

however, rarely qualify under the 

definition of a small entity. Generally, 

space stations cost hundreds of millions 

of dollars to construct, launch, and 

operate. Consequently, we do not 

anticipate that any space station 

operators are small entities that would 

be affected by our proposed actions. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

The Report and Order makes several 

rule changes that would affect 

compliance requirements for earth 

station and space station operators. 

Most proposed changes, however, are 

directed at space station applicants and 

licensees. As noted above, these parties 

rarely qualify as small entities. 

For example, we allow additional use 

of certain frequencies within the 17.2– 

17.7 GHz band, subject to compliance 

with technical limits designed to protect 

other users of the bands. 

We adopt modified rules for satellite 

system implementation to provide 

additional flexibility to operators. In 

total, the rules adopted in the Report 

and Order are designed to achieve the 

Commission’s mandate to regulate in 

the public interest while imposing the 

lowest necessary burden on all affected 

parties, including small entities. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) the establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rules for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’ 

The NPRM proposing the rules 

adopted in the Report and Order sought 

comment from all interested parties. 

Specifically, small entities were 

encouraged to bring to the 

Commission’s attention any specific 

concerns they may have with the 

proposals outlined in the NPRM. No 

commenter addressed the impact of the 

rules proposed in the NPRM and 

adopted in the Report and Order. 

In this NPRM, the Commission sought 

comment on means to minimize 

negative economic impacts on 

applicants and licensees, including 

small entities, by permitting DBS space 

stations in orbital locations between the 

currently authorized orbital locations. 

No commenter addressed means to 

minimize negative impacts on 

applicants and license, including small 

entities. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

None. 

Incorporation by Reference 

This final rule incorporates by 

reference two elements of the ITU Radio 

Regulations, Edition of 2012, into part 

25 for specific purposes: 

(1) ITU Radio Regulations, Volume 2: 

Appendices, Appendix 30, ‘‘Provisions 

for all services and associated Plans and 

List for the broadcasting-satellite service 

in the frequency bands 11.7–12.2 GHz 

(in Region 3), 11.7–12.5 GHz (in Region 

1) and 12.2–12.7 GHz (in Region 2),’’ 

Edition of 2012, http://www.itu.int/pub/ 

R-REG-RR-2012. This Appendix 

establishes an international plan 

defining frequency assignments to space 

stations for each country operating in 

the broadcasting-satellite service in the 

11.7–12.5 GHz (Region 1), 12.2–12.7 

GHz (Region 2), and 11.7–12.2 GHz 

bands, including procedures to modify 

the plan to introduce new frequency 

assignments. 

(2) ITU Radio Regulations, Volume 2: 

Appendices, Appendix 30A, 

‘‘Provisions and associated Plans and 

List for feeder links for the broadcastingsatellite service (11.7–12.5 GHz in 

Region 1, 12.2–12.7 GHz in Region 2 

and 11.7–12.2 GHz in Region 3) in the 

frequency bands 14.5–14.8 GHz and 

17.3–18.1 GHz in Regions 1 and 3, and 

17.3–17.8 GHz in Region 2,’’ Edition of 

2012, http://www.itu.int/pub/R-REG-RR2012. This Appendix establishes an 

international plan defining frequency 

assignments for feeder links to space 

stations for each country operating in 

the fixed-satellite service in 14.5–14.8 

GHz and 17.3–18.1 GHz in Regions 1 

and 3, and 17.3–17.8 GHz in Region 2 

bands, including procedures to modify 

the plan to introduce new frequency 

assignments. 

(3) The materials above are available 

for free download at http://www.itu.int/ 

pub/R-REG-RR-2012. In addition, copies 

of all of the materials are available for 

purchase from the ITU through the 

contact information provided in revised 

§ 25.108, and are available for public 

inspection at the Commission address 

noted in the rule as well. 

List of Subjects in 47 CFR Part 25 

Administrative practice and 

procedure, Earth stations, Incorporation 

by reference, Satellites. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

The Federal Communications 

Commission amends 47 CFR part 25, as 

follows: 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 1. The authority citation for part 25 

continues to read as follows: 

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

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

otherwise noted. 

§ 25.108 [Amended] 

■ 2. In § 25.108: 

■ a. In paragraph (a), 

■ i. Remove the words ‘‘this paragraph 

(a)’’ and add, in their place, ‘‘this 

section’’; and 

■ ii. Remove the phrase ‘‘call 202–741– 

6030’’ and add, in its place, ‘‘email 

fr.inspection@nara.gov; and 

■ b. At the end of paragraph (c)(5), 

remove the phrase ‘‘§§ 25.117(h) and 

25.118(e)’’ and add, in its place, 

‘‘§§ 25.110(b), 25.117(h), and 25.118(e)’’. 

§ 25.108 [Amended] 

■ 3. Delayed indefinitely, in § 25.108, at 

the end of paragraphs (c)(5) and (6), 

remove the phrase ‘‘25.117(h), and 

25.118(e)’’ and add, in its place, 

‘‘25.117(h), 25.118(e), and 25.140(b)’’. 

■ 4. Amend § 25.110 by revising 

paragraphs (b)(3) introductory text and 

(b)(3)(iii) and adding paragraph 

(b)(3)(iv) to read as follows: 

§ 25.110 Filing of applications, fees, and 

number of copies. 

* * * * * 

(b)(3) A license application for 17/24 

GHz BSS space station operation, for 

GSO FSS space station operation, or for 

GSO space station operation subject to 

the provisions in Appendices 30 and 

30A of the ITU Radio Regulations 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49489 

(incorporated by reference, see § 25.108) 

may be submitted in two steps, as 

follows: 

* * * * * 

(iii) An application for GSO space 

station operation subject to the 

provisions in Appendices 30 and 30A of 

the ITU Radio Regulations (incorporated 

by reference, see § 25.108) may be 

initiated by submitting to the 

Commission, in accordance with the 

applicable provisions of part 1, subpart 

Y of this chapter, a draft ITU filing to: 

modify an existing frequency 

assignment in the Region 2 Plan; to 

include a new frequency assignment in 

the Region 2 Plan; or to include a new 

or modified frequency assignment in the 

List of the Regions 1 and 3 Plan, 

accompanied by a simplified Form 312 

and a declaration of acceptance of ITU 

cost-recovery responsibility in 

accordance with § 25.111(d). The 

simplified Form 312, Main Form 

submission must include the 

information required by items 1–17, 43, 

45, and 46. In addition, the applicant 

must submit the results of an analysis 

demonstrating that no U.S. filing under 

Appendix 30 and 30A would be deemed 

affected by the proposed operation 

under the relevant ITU criteria or, for 

any affected filings, a letter signed by 

the affected operator that it consents to 

the new filing. 

(iv) An application initiated pursuant 

to paragraphs (b)(3)(i), (ii), or (iii) of this 

section will be considered completed by 

the filing of an FCC Form 312 and the 

remaining information required in a 

complete license application, including 

the information required by § 25.114, 

within two years of the date of 

submission of the initial application 

materials. 

* * * * * 

■ 5. Delayed indefinitely, amend 

§ 25.114 by revising paragraph (a)(3) to 

read as follows: 

§ 25.114 Applications for space station 

authorizations. 

(a) * * * 

(3) For an application filed pursuant 

to the two-step procedure in 

§ 25.110(b)(3), the filing pursuant to 

§ 25.110(b)(3)(iv) must be submitted on 

FCC Form 312, Main Form and 

Schedule S, with attached exhibits as 

required by paragraph (d) of this 

section, and must constitute a 

comprehensive proposal. 

* * * * * 

■ 6. Amend § 25.121 by revising 

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

§ 25.121 License term and renewals. 

(a) * * * (1) Except for licenses for 

SDARS space stations and terrestrial 

repeaters, DBS and 17/24 GHz BSS 

space stations licensed as broadcast 

facilities, and licenses for which the 

application was filed pursuant to 

§§ 25.122 and 25.123, licenses for 

facilities governed by this part will be 

issued for a period of 15 years. 

* * * * * 

■ 7. Delayed indefinitely, amend 

§ 25.140 by revising the section heading 

and adding paragraph(b)(6) to read as 

follows: 

§ 25.140 Further requirements for license 

applications for GSO space station 

operation in the FSS and the 17/24 GHz 

BSS. 

* * * * * 

(b) * * * 

(6) In addition to the information 

required by § 25.114, an applicant for a 

GSO space station operating in the 

frequencies of the ITU Appendices 30 

and 30A (incorporated by reference, see 

§ 25.108) must provide a statement that 

the proposed operation will take into 

account the applicable requirements of 

these Appendices of the ITU Radio 

Regulations and a demonstration that it 

is compatible with other U.S. ITU filings 

under Appendices 30 and 30A or, for 

any affected filings, a letter signed by 

the affected operator indicating that it 

consents to the new application. 

* * * * * 

§ 25.148 [Amended] 

■ 8. Amend § 25.148 by removing and 

reserving paragraphs (b), (d), and (e). 

■ 9. Amend § 25.164 by revising 

paragraph (a) to read as follows: 

§ 25.164 Milestones. 

(a) The recipient of an initial license 

for a GSO space station, other than a 

SDARS space station, granted on or after 

August 27, 2003, must launch the space 

station, position it in its assigned orbital 

location, and operate it in accordance 

with the station authorization no later 

than five years after the grant of the 

license, unless a different schedule is 

established by this chapter or the 

Commission. 

* * * * * 

■ 10. Amend § 25.165 by revising 

paragraph (a)introductory text to read as 

follows: 

§ 25.165 Surety bonds. 

(a) For all space station licenses 

issued after September 20, 2004, other 

than licenses for SDARS space stations, 

space stations licensed in accordance 

with § 25.122 or § 25.123, and 

replacement space stations as defined in 

paragraph (e) of this section, the 

licensee must post a bond within 30 

days of the grant of its license. Space 

station licensed in accordance with 

§ 25.122 or § 25.123 must post a bond 

within one year plus 30 days of the 

grant of the license. Failure to post a 

bond will render the license null and 

void automatically. 

* * * * * 

[FR Doc. 2021–18043 Filed 9–2–21; 8:45 am] 

BILLING CODE 6712–01–P 


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