Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules 30361

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., material specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standard. This

proposed rulemaking does not involve

technical standards. Therefore, EPA is

not considering the use of any voluntary

consensus standards. EPA welcomes

comments on this aspect of the

proposed rulemaking and, specifically,

invites the public to identify

potentially-applicable voluntary

consensus standards and to explain why

such standards should be used in this

regulation.

List of Subjects in 40 CFR Part 261

Environmental protection, Hazardous

materials, Waste treatment and disposal,

Recycling.

Dated: May 30, 2001.

Christine Todd Whitman,

Administrator.

For the reasons set forth in the

preamble, part 261 of chapter I of title

40 of the Code of Federal Regulations is

proposed to be amended as follows:

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

1. The authority citation for Part 261

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

6922, 6924(y), and 6938.

2. Section 261.4 is amended by

adding paragraph (a)(22) to read as

follows:

§ 261.4 Exclusions.

(a) * * *

(22) Dewatered wastewater treatment

sludges generated by the International

Business Machines Corporation (IBM)

East Fishkill facility in Hopewell

Junction, New York, provided that:

(i) The sludge is recycled as an

ingredient in the manufacture of cement

meeting appropriate product

specifications by a cement

manufacturing facility.

(ii) The sludge is not stored on the

land, and protective measures are taken

to ensure against wind dispersal and

precipitation run-off.

(iii) The sludge is not accumulated

speculatively, as defined in

§ 261.1(c)(8).

(iv) A representative sample of the

sludge undergoes constituent analysis

by IBM (using the methods specified in

40 CFR Part 264, Appendix IX)

demonstrating that the sludge contains

constituents at no greater concentrations

than the thresholds presented below.

Sludges generated by different

wastewater treatment systems must be

analyzed separately (commingling of the

sludges is permissible after sampling).

This sampling and analysis must be

conducted every three months for an

initial 12-month period, which can

include the immediate period prior to

the effective date of this exclusion. After

the initial 12-month reporting period

(i.e., four sampling/analysis events),

sampling and analysis must be

conducted every six months for the

duration of the project. Additionally,

after any change in either the

manufacturing process or the

wastewater treatment process that could

affect the chemical composition of the

wastewater treatment sludge, sampling

and analysis must be conducted. In

addition to the constituents for which

threshold levels are established, IBM

must analyze and report the

concentration levels of mercury and

beryllium:

Arsenic—3.0 mg/kg

Cadmium—0.88 mg/kg

Chromium—(total) 22.9 mg/kg

Lead—18.8 mg/kg

Nickel—10.4 mg/kg

Silver—2.1 mg/kg

Cyanide (amenable)—0.815 mg/kg

Cyanide (total)—0.815 mg/kg

(v) An accounting is made of the

volumes of sludge that are recycled,

with an assessment of how much less

analogous raw materials are used to

produce the same volume of cement

product, or how much more cement is

produced attributable to the volume of

sludge that is processed. IBM must

acquire this information from the

cement manufacturing facility.

(vi) IBM documents each shipment of

the sludge, including where the sludge

was sent, the date of the shipment, the

date that the shipment was received and

the volume of each shipment.

(vii) IBM provides EPA and NYSDEC

with semi-annual reports detailing all of

the information in paragraphs (a)(22)(i)

through (vi) of this section for the

duration of the project.

(viii) Should any of the conditions of

paragraphs (a)(22)(i) through (vii) of this

section not be met, the exclusion

provided in this provision will not be

applicable and the wastewater treatment

sludge will be subject to the applicable

RCRA Subtitle C regulations until the

conditions are once again met.

(ix) The provisions of this section

shall expire on [INSERT DATE FIVE

YEARS FROM EFFECTIVE DATE OF

FINAL RULE].

* * * * *

[FR Doc. 01–14249 Filed 6–5–01; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket 01–96; FCC 01–134]

Policies and Service Rules for the NonGeostationary Satellite Orbit, Fixed

Satellite Service in the Ku-Band

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Federal Communications

Commission (FCC) proposes to decide

the means for sharing among multiple

satellite network licensees in spectrum

recently designated for the nongeostationary satellite orbit, fixedsatellite service (NGSO FSS) in the

17.7–20.2 GHz and 27.5–31.3 GHz

frequency bands (the Ku-band). The

FCC’s Notice of Proposed Rulemaking

(NPRM) seeks comment on four possible

sharing options, and also seeks

comment on proposed blanket earth

station licensing for NGSO FSS in the

Ku-band, and seeks comment on

proposed service rules. The

Commission’s goals in opening this

satellite service in the Ku-band are to

promote competition through

opportunities for new entrants, to

expedite the authorization process, and

to provide incentives for prompt

commencement of service to the public

using state-of-the-art technology.

DATES: Comments may be filed on or

before July 6, 2001. Reply comments

may be filed on or before August 6,

2001. Comments on the proposed

information collections may be filed on

or before August 6, 2001.

ADDRESSES: Comments may be filed

using the Commission’s Electronic

Comment Filing System (ECFS) or by

paper copies. See SUPPLEMENTARY

INFORMATION for filing instructions,

formats and other information regarding

electronic filing; send paper copies to

Federal Communications Commission,

445 12th Street, SW., Washington, DC

20554. Comments regarding the request

for approval of the information

collection should be submitted to Judy

Boley at 445 12th Street, SW., Rm. 1–

C804, Washington, DC 20554 or via

30362 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

1The RFA, 5 U.S.C. 601 et seq., has been

amended by the Contract With America

Advancement Act of 1996, Public Law No. 104–121,

110 Stat. 847 (1996) (CWAAA). Title II of the

CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1996 (SBREFA).

2 5 U.S.C 605(b).

3 Id. at § 601(6).

4 Id. at § 601(3) (incorporating by reference the

definition of ‘‘small business concern’’ in Small

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.

601(3), the statutory definition of a small business

applies ‘‘unless an agency, after consultation with

the Office of Advocacy of the Small Business

Administration and after opportunity for public

comment, establishes one or more definitions of

such term which are appropriate to the activities of

the agency and publishes such definition(s) in the

Federal Register.’’

5Small Business Act, 15 U.S.C. 632.

6See paragraphs 50–69, supra.

7 13 CFR 121.201, North American Industry

Classification System (NAICS) Code 51334.

8See paragraph 9, supra.

internet at jboley@fcc.gov; phone 202–

418–0214.

FOR FURTHER INFORMATION CONTACT: For

more information regarding the Notice

of Proposed Rulemaking contact: J. Mark

Young at (202) 418–0762, internet:

myoung@fcc.gov, International Bureau,

Federal Communications Commission,

Washington, DC 20554. For more

information regarding the information

collections and to submit comments,

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 NPRM in

IB Docket No. 01–96; FCC 00–134,

adopted April 19, 2001 and released on

May 3, 2001. The complete text of this

NPRM 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 Notice of Proposed

Rulemaking

The NPRM describes the technical

criteria for the NGSO FSS, and the

radiofrequency spectrum allocated by

the FCC late last year to the NGSO FSS

in ET Docket No. 98–206, 66 FR 10601

(February 16, 2001). The NPRM

proposes four spectrum sharing options.

The first is ‘‘flexible band

segmentation,’’ which would divide the

available spectrum into equal blocks to

be assigned to particular licensees. The

second option is ‘‘dynamic band

segmentation,’’ under which the

available spectrum is divided equally by

the number of satellite systems

transmitting and receiving signals in

their intended orbit. The third sharing

option, ‘‘avoidance of in-line

interference events,’’ allows all systems

to operate in the entire available

spectrum, so long as they avoid

interfering with each others’ systems, by

means of calculating those occasions

when their satellites and earth stations

are aligned so as to create interference.

Under the fourth sharing option,

‘‘homogeneous constellations,’’ the FCC

would adopt one or more unifying

constellation designs to accommodate

all licensees. The NPRM also asks

commenters to suggest variations or

alternatives to the four options

proposed.

In addition, the NPRM proposes to

allow blanket licensing of NGSO FSS

earth stations, but only in specified

frequency bands. The NPRM also

requires NGSO FSS applicants to

demonstrate compliance with power

limitations adopted by the Commission

when it allocated spectrum to the NGSO

FSS in December 2000.

Finally, the NPRM reviews and seeks

comment on each proposed service rule

for the NGSO FSS in the Ku-band

frequencies. The proposed service rules

include coverage area requirements,

system license and license terms, FCC

regulatory classification as common

carrier or non-common carrier, system

implementation milestones, regulatory

reporting requirements, international

coordination, and a prohibition on the

sale of a bare license for a profit. The

NPRM also proposes to require that

NGSO FSS applicants disclose their

plans to mitigate orbital debris.

Initial Regulatory Flexibility

Certification

The Regulatory Flexibility Act (RFA),1

requires that a regulatory flexibility

analysis be prepared for notice and

comment rulemaking proceedings

unless the agency certifies that ‘‘the rule

will not, if promulgated, have a

significant economic impact on a

substantial number of small entities.’’ 2

The RFA generally defines ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdiction.’’ 3 In addition, the term

‘‘small business’’ has the same meaning

as the term ‘‘small business concern’’

under the Small Business Act.4 A small

business concern is one which: (a) is

independently owned and operated; (b)

is not dominant in its field of operation;

and (c) satisfies any additional criteria

established by the Small Business

Administration (SBA).5

This Notice of Proposed Rulemaking

(NPRM) seeks comment on various

proposals for creating a spectrum

assignment approach that would

accommodate all proposed nongeostationary satellite orbit fixed

satellite service (NGSO FSS) systems

and provide service to consumers as

quickly as possible. This NPRM also

seeks comment on proposals for service

rules to apply to NGSO FSS systems.6

These actions are necessary for the

Commission to evaluate these proposals

and seek comment from the public on

any other alternatives. The objective of

this proceeding is to assign the NGSO

FSS spectrum in an efficient manner

and create rules to ensure systems

implement their proposals in a manner

that serves the public interest. We

believe that adoption of the proposed

rules will reduce regulatory burdens

and, with minimal disruption to

existing FCC permittees and licensees,

result in the continued development of

NGSO FSS and other satellite services to

the public. If commenters believe that

the proposed rules discussed in the

NPRM require additional RFA analysis,

they should include a discussion of this

in their comments.

The Commission has not developed a

definition of small entities applicable to

geostationary or non-geostationary

satellite orbit fixed-satellite or mobile

satellite service operators. Therefore, the

applicable definition of small entity is

the definition under the 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.7 This Census Bureau category

is very broad, and commercial satellite

services constitute only a subset of the

total number of entities included in the

category.

The rules proposed in this NPRM

apply only to entities providing NGSO

FSS. Small businesses will not have the

financial ability to become NGSO FSS

system operators because of the high

implementation costs associated with

satellite systems and services. Since

there is limited spectrum and orbital

resources available for assignment, we

estimate that only seven applicant

entities, whose applications are

pending, will be authorized by the

Commission to provide these services.8

None of the seven applicants is a small

business because each has revenues in

excess of $11 million annually or has

parent companies or investors that have

revenues in excess of $11 million

annually.

We therefore certify that the rules

proposed in this NPRM will not apply

to any small entities. The Commission’s

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules 30363

Office of Public Affairs, Reference

Operations Division, will send a copy of

this NPRM, including this certification,

to the Chief Counsel for Advocacy of the

Small Business Administration. A copy

will also be published in the Federal

Register.

Procedural Information

Ex Parte Presentation. This is a

permit-but-disclose rulemaking

proceeding. Ex parte presentations are

permitted, provided they are disclosed

as provided in Commission Rules. See

generally 47 CFR 1.1202, 1.1203, and

1.1206(a).

Authority. This action is taken

pursuant to sections 4(i), 7(a), 303(c),

303(f), 303(g), and 303(r) of the

Communications Act of 1934, as

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

303(c), 303(f), 303(g), and 303(r).

Comment. Pursuant to Sections 1.415

and 1.419 of the Commission’s rules, 47

CFR 1.415, 1.419, interested parties may

file comments on or before June 18,

2001, and reply comments on or before

July 19, 2001. Comments may be filed

using the Commission’s Electronic

Comment Filing System (ECFS) or by

paper copies. See Electronic Filing of

Documents in Rulemaking Proceedings,

63 FR 24121 (May 1, 1998).

Comments filed through the ECFS can

be sent as an electronic file via the

Internet to <http://www.fcc.gov/e-file/

ecfs.html>. Generally, only one copy of

an electronic submission must be filed.

If multiple docket or rulemaking

numbers appear in the caption of this

proceeding, however, commenters must

transmit one electronic copy of the

comments to each docket or rulemaking

number referenced in the caption. In

completing the transmittal screen,

commenters should include their full

name, Postal Service mailing address,

and the applicable docket or rulemaking

number. Parties may also submit an

electronic comment by Internet e-mail.

To get filing instructions for e-mail

comments, commenters should send an

e-mail to ecfs@fcc.gov, and should

include the following words in the body

of the message, ‘‘get form <your e-mail

address.’’ A sample form and directions

will be sent in reply.

Parties who choose to file by paper

must file an original and four copies of

each filing. All filings must be sent to

the Commission’s Secretary, Magalie

Roman Salas, Office of the Secretary,

Federal Communications Commission,

The Portals, 445 Twelfth Street, SW.,

Room TW–A325, Washington, DC

20554.

Parties who choose to file by paper

should also submit their comments on

diskette. These diskettes should be

submitted to: Commission’s Secretary,

Magalie Roman Salas, Office of the

Secretary, Federal Communications

Commission, The Portals, 445 Twelfth

Street, SW., Room TW–A325,

Washington, DC 20554. Such a

submission should be on a 3.5 inch

diskette formatted in an IBM compatible

format using Microsoft Word for

Windows or compatible software. The

diskette should be accompanied by a

cover letter and should be submitted in

‘‘read only’’ mode. The diskette should

be clearly labeled with the commenter’s

name, IB Docket No. 01–96, type of

pleading (comment or reply comment),

date of submission, and the name of the

electronic file on the diskette. The label

should also include the following

phrase ‘‘Disk Copy—Not an Original.’’

Each diskette should contain only one

party’s pleading, preferably in a single

electronic file. In addition, commenters

must send diskette copies to the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20037.

Ordering Clauses

Pursuant to Sections 4(i), 7(a), 303(c),

303(f), 303(g), and 303(r) of the

Communications Act of 1934, as

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

303(c), 303(f), 303(g), and 303(r), this

Notice of Proposed Rulemaking is

hereby adopted.

The Commission’s Consumer

Information Bureau, Reference

Information Center, SHALL SEND a

copy of this Notice of Proposed

Rulemaking, including the Initial

Regulatory Flexibility Analysis to the

Chief Counsel for Advocacy of the Small

Business Administration.

Paperwork Reduction Act

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. An

agency may not conduct or sponsor a

collection of information unless it

displays a currently valid control

number. No person shall be subject to

any penalty for failing to comply with

a collection of information subject to the

Paperwork Reduction Act (PRA) that

does not display a valid control number.

Comments are requested concerning (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 clarity 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.

OMB Approval Number: New (3060–

XXXX).

Title: NGSO FSS Satellite Service.

Form No.: NA.

Type of Collection: New Collection.

Respondents: Business or other forprofit.

Number of Respondents: 107.

Estimated Time for Response: 3 hours.

Total Annual Burden: 321 hours.

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 NGSO FSS satellite service.

Specifically, the rules require space

station applicants to submit

certifications of compliance with

specific technical operating

requirements adopted for this service.

The rules require space station licensees

to file annual reports indicating progress

of system implementation and

identifying any system failures, delays

or difficulties. In addition, entities

granted blanket earth station licenses

are required to report the number

stations brought into use each year.

These rules will allow the Commission

to grant licenses in compliance with the

technical rules of this service and to

ensure continued compliance by

licensees. Without such information, the

FCC could not determine whether

satellite licenses are operating in

conformance with its rules.

List of Subjects in 47 CFR Part 25

Satellites.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 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. 701–744. Interprets or

applies Section 4, 301, 302, 303, 307, 309 and

332 of the Communications Act, as amended,

47 U.S.C. 154, 301, 302, 303, 307, 309 and

332, unless otherwise noted.

30364 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

2. Section 25.115 is amended by

adding a new paragraph (f) to read as

follows:

§ 25.115 Application for earth station

authorizations.

* * * * *

(f) User transceivers in the nongeostationary satellite orbit fixedsatellite service (NGSO FSS) service in

the 11.7–12.2 GHz, 12.2–12.7 GHz and

14.0–14.5 GHz bands need not be

individually licensed. Service vendors

may file blanket applications for

transceiver units using FCC Form 312,

Main Form and Schedule B, and shall

specify the number of terminals to be

covered by the blanket license. Each

application for a blanket license under

this section shall include the

information described in § 25.146.

3. Section 25.146 is amended by

adding paragraphs (g) through (p) to

read as follows:

§ 25.146 Licensing and operating

authorization provisions for the nongeostationary satellite orbit fixed-satellite

service (NGSO FSS) in the bands 10.7 GHz

to 14.5 GHz.

* * * * *

(g) System license. Applicants

authorized to construct and launch a

system of technically identical nongeostationary satellite orbit fixed

satellite service satellites will be

awarded a single ‘‘blanket’’ license

covering a specified number of space

stations to operate in a specified number

of orbital planes.

(h) In addition to providing the

information specified in § 25.114 above,

each NGSO FSS applicant shall provide

the following:

(1) A demonstration that the proposed

system is capable of providing fixedsatellite services on a continuous basis

throughout the fifty states, Puerto Rico

and the U.S. Virgin Islands, U.S.; and

(2) A demonstration that the proposed

system be capable of providing fixedsatellite services to all locations as far

north as 70 deg. latitude and as far south

as 55 deg. latitude for at least 75% of

every 24-hour period; and

(3) Sufficient information on the

NGSO FSS system characteristics to

properly model the system in computer

sharing simulations, including, at a

minimum, NGSO hand-over and

satellite switching strategies, NGSO

satellite beam patterns, NGSO satellite

antenna patterns and NGSO earth

station antenna patterns. In particular,

each NGSO FSS applicant must explain

the switching protocols it uses to avoid

transmitting while passing through the

geostationary satellite orbit arc, or

provide an explanation as to how the

power-flux density limits in § 25.208 are

met without using geostationary satellite

orbit arc avoidance. In addition, each

NGSO FSS applicant must provide the

orbital parameters contained in Section

A.3 of Annex 1 to Resolution 46.

Further, each NGSO FSS applicant must

provide a sufficient technical showing

to demonstrate that the proposed nongeostationary satellite orbit system

meets the power-flux density limits

contained in § 25.208, as applicable; and

(4) A description of the design and

operational strategies that it will use, if

any, to mitigate orbital debris. Each

applicant must submit a casualty risk

assessment if planned post-mission

disposal involves atmospheric re-entry

of the spacecraft.

(i) Considerations involving transfer

or assignment applications. (1)

‘‘Trafficking’’ in bare licenses issued

pursuant to paragraph (g) of this section

is prohibited.

(2) The Commission will review a

proposed transaction to determine if the

circumstances indicate trafficking in

licenses whenever applications (except

those involving pro forma assignment or

transfer of control) for consent to

assignment of a license, or for transfer

of control of a licensee, involve facilities

licensed pursuant to paragraph (g) of

this section. At its discretion, the

Commission may require the

submission of an affirmative, factual

showing (supported by affidavits of a

person or persons with personal

knowledge thereof) to demonstrate that

no trafficking has occurred.

(j) Prohibition of certain agreements.

No license shall be granted to any

applicant for a NGSO system in the

fixed-satellite service operating in the

10.7–12.7 GHz, 12.75–13.25 GHz and

13.75–14.5 GHz frequency bands if that

applicant, or any persons or companies

controlling or controlled by the

applicant, shall acquire or enjoy any

right, for the purpose of handling traffic

to or from the United States, its

territories or possession, to construct or

operate space segment or earth stations,

or to interchange traffic, which is

denied to any other United States

company by reason of any concession,

contract, understanding, or working

arrangement to which the Licensee or

any persons or companies controlling or

controlled by the Licensee are parties.

(k) Implementation milestone

schedule. Each NGSO FSS licensee in

the 10.7–12.7 GHz, 12.75–13.25 GHz

and 13.75–14.5 GHz frequency bands

will be required to enter into a noncontingent satellite manufacturing

contract for the system within one year

of authorization, to complete critical

design review within two years of

authorization, to begin physical

construction of all satellites in the

system within two and a half years of

authorization, to complete construction

and launch of the first two satellites

within three and a half years of grant,

and to launch and operate its entire

authorized system within six years of

authorization.

(l) Reporting requirements. All NGSO

FSS licensees in the 10.7–12.7 GHz,

12.75–13.25 GHz and 13.75–14.5 GHz

frequency bands shall, on June 30 of

each year, file a report with the

International Bureau and the

Commission’s Laurel, Maryland field

office containing the following

information:

(1) Status of space station

construction and anticipated launch

date, including any major problems or

delay encountered;

(2) Identification of any space

station(s) not available for service or

otherwise not performing to

specifications, the cause(s) of these

difficulties, and the date any space

station was taken out of service or the

malfunction identified.

(m) Financial requirements. Each

NGSO FSS applicant must demonstrate,

on the basis of the documentation

contained in its application, that it is

financially qualified to meet the

estimated costs of the construction and

launch of all proposed space stations in

its system and the estimated operating

expenses for one year after the launch

of the initial system. Financial

qualifications must be demonstrated in

the form specified in § 25.140(c) and (d).

In addition, applicants relying on

current assets or operating income must

submit evidence that those assets are

separate and apart from any funding

necessary to construct or operate any

other licensed satellite system. Failure

to make such a showing will result in

the dismissal of the application.

(n) Replacement of space stations

within the system license term.

Licensees of NGSO FSS systems in the

10.7–12.7 GHz, 12.75–13.25 GHz and

13.75–14.5 GHz frequency bands

authorized through a blanket license

pursuant to paragraph (g) of this section

need not file separate applications to

launch and operate technically identical

replacement satellites within the term of

the system authorization. However, the

licensee shall certify to the Commission,

at least thirty days prior to launch of

such replacement(s) that:

(1) The licensee intends to launch a

space station into the previouslyauthorized orbit that is technically

identical to those authorized in its

system authorization and

(2) Launch of this space station will

not cause the licensee to exceed the

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules 30365

total number of operating space stations

authorized by the Commission.

(o) In-orbit spares. Licensees need not

file separate applications to operate

technically identical in-orbit spares

authorized as part of the blanket license

pursuant to paragraph (g) of this section.

However, the licensee shall certify to

the Commission, within 10 days of

bringing the in-orbit spare into

operation, that operation of this space

station did not cause the licensee to

exceed the total number of operating

space stations authorized by the

Commission.

(p) Earth station reporting. Licensees

shall submit to the Commission a yearly

report indicating the number of earth

stations actually brought into service

under its blanket licensing authority.

The annual report is due to the

Commission no later than the first day

of April of each year and shall indicate

the deployment figures for the

preceding calendar year.

[FR Doc. 01–14141 Filed 6–5–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 01–1184, MM Docket No. 00–69,

RM–9850, RM–9945 and 9946]

Radio Broadcasting Services;

Cheboygan, Rogers City, Bear Lake,

Bellaire, Rapid River, Manistique,

Ludington, Walhalla & Onaway, MI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission, in response

to the counterproposal filed by D&B and

Fort Bend Broadcasting Company

proposing changes at Rogers City, Bear

Lake, Bellaire, Rapid River, Manistique,

Ludington, Walhalla & Onaway,

Michigan, issues an Order to Show

Cause to the licensee of Station WKLA,

Ludington, Michigan, as to why its

license should not be modified to

specify operation on Channel 254A in

lieu of Channel 292A. The

counterproposal was filed in response to

the Notice of Proposed Rule Making and

Order to Show Cause which proposed

the allotment of Channel 260C2 at

Cheboygan, Michigan, and the

substitution of Channel 292C2 for

Channel 260C2 at Rogers City,

Michigan. See 65 FR 30588, May 12,

2000.

DATES: Comments must be filed on or

before July 2, 2001.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order to

Show Cause, MM Docket No. 00–69,

adopted May 2, 2001, and released May

11, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 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.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—RADIO BROADCAST

SERVICES

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 Michigan, is amended

by removing Channel 292A and adding

Channel 254A at Ludington.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–14020 Filed 6–5–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 01–1291, MM Docket No. 01–112,

RM–10115]

Radio Broadcasting Services;

Waitsburg, WA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Jeffrey

A. Bruton proposing the allotment of

Channel 272A at Waitsburg,

Washington, as that community’s first

local broadcast service. The coordinates

for Channel 272A at Waitsburg are 46–

17–17 and 117–59–18. There is a site

restriction 12.8 kilometers (7.9 miles)

east of the community. Canadian

concurrence will be requested for the

allotment of Channel 272A at

Wasitsburg.

DATES: Comments must be filed on or

before July 16, 2001, and reply

comments on or before July 31, 2001.

ADDRESSES: Federal Communications

Commission, 445 Twelfth Street, SW.,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner, as follows: Jeffrey A. Bruton,

1832 Fern, Walla Walla, Washington

99362.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–112, adopted May 16, 2001, and

released May 25, 2001. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Information

Center, 445 Twelfth Street, SW.,

Washington, DC 20554. 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.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this