[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32398-32401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15857]



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[[Page 32399]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR PART 25

[IB Docket No. 96-111; CC Docket No. 93-23; FCC 96-210]


Satellite Application and Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Proposed Rules.

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SUMMARY: The Commission has proposed a uniform legal framework 
permitting users in the United States greater access to satellites 
licensed by other countries. In so doing, the Commission proposes to 
collect certain legal, financial, and technical information from the 
applicant. The Commission also proposes to eliminate its license 
requirement for receive-only earth stations in the fixed satellite 
service operating with U.S.-licensed space stations for the reception 
of transmissions from foreign countries and allow them to voluntarily 
register their stations.

DATES: Comments must be submitted on or before July 15, 1996; reply 
comments must be submitted on or before August 16, 1996. Written 
comments by the public on the proposed and/or modified information 
collections are due July 15, 1996. OMB's Notice of Action on the 
proposed and/or modified information collections must be submitted no 
later than August 23, 1996.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Dorothy Conway, Federal 
Communications Commission, Room 234, 1919 M Street, N.W. Washington, 
D.C. 20554, or via the Internet to <a href="/cdn-cgi/l/email-protection#197d7a76776e7860597f7a7a377e766f"><span class="__cf_email__" data-cfemail="c2a6a1adacb5a3bb82a4a1a1eca5adb4">[email protected]</span></a>, and to Timothy 
Fain, OMB Desk Officer, 10236 NEOB, 725--17th Street, N.W. Washington, 
D.C. 20503 or via the Internet to <a href="/cdn-cgi/l/email-protection#b3d5d2daddececc7f3d2df9dd6dcc39dd4dcc5"><span class="__cf_email__" data-cfemail="94f2f5fdfacbcbe0d4f5f8baf1fbe4baf3fbe2">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Paula Ford, International Bureau, 
Satellite Policy Branch, (202) 418-0760; Virginia Marshall, 
International Bureau, Satellite Policy Branch, (202) 418-0778; Kathleen 
Campbell, International Bureau, Satellite Policy Branch (202) 418-0753. 
For additional information concerning the information collection 
contained in this NPRM contact Dorothy Conway at (202) 418-0217, or via 
the Internet at <a href="/cdn-cgi/l/email-protection#1470777b7a63756d547277773a737b62"><span class="__cf_email__" data-cfemail="debabdb1b0a9bfa79eb8bdbdf0b9b1a8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking in IB Docket No. 96-111; CC Docket No. 93-23; 
FCC 96-210, adopted May 9, 1996 and released May 14, 1996. The complete 
text of this Notice of Proposed Rulemaking is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room 239), 1919 M Street, N.W. Washington, D.C., and also may be 
purchased from the Commission's copy contractor, International 
Transcription Service, (202) 857-3800, 2100 M Street, N.W., Suite 140, 
Washington, D.C. 20037.
    This NPRM contains proposed or modified information collections 
subject to the Paperwork Reduction Act of 1995, Pub. L. No. 104-13 
(PRA). It has been submitted to the Office of Management and Budget 
(OMB) for review under the PRA. OMB, the general public, and other 
Federal agencies are invited to comment on the proposed or modified 
information collections contained in this proceeding. Comments are 
requested on all aspects of the proposals. Public and agency comments 
are due at the same time as other comments on this NPRM; OMB 
notification of action is due no later than August 23, 1996. 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 estimates; (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.
    Title: Amendment of the Commission's Regulatory Policies to Allow 
Non-U.S.-Licensed Space Stations to Provide Domestic and International 
Satellite Service in the United States and Amendment of Sec. 25.131 of 
the Commission's rules and regulations to Eliminate the Licensing 
Requirement for Certain International Receive-Only Earth Stations.
    Form No.: FCC Form 312.
    Type of Review: Revision of existing collections.
    Respondents: Businesses or other for profit, including small 
businesses.
    Number of Respondents: 800.
    Estimated Time Per Response: The Commission estimates all 
respondents will hire an attorney or legal assistant to complete the 
form. The time to retain these services is 2 hours per respondent.
    Total Annual Burden: 1,600 hours.
    Estimated Costs Per Respondent: $900. This includes the charges for 
hiring an attorney or legal assistant @ 150 an hour to complete the 
application. The estimated time to complete the form is 6 hours per 
response.
    Needs and Uses: In accordance with the Communications Act, the 
information collected will be used by the Commission in evaluating 
U.S.-licensed earth stations applications requesting authority to 
operate with space stations licensed by other administrations. The 
information will be used to determine the legal, technical, and 
financial ability of the non-U.S. licensed space station to serve the 
United States and will assist the Commission in determining whether 
such authorization is in the public interest.
    As required by section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document.

Summary of Notice of Proposed Rulemaking

    1. The Commission has long pursued a procompetitive policy that 
relies on the entry of as many independent service providers as 
possible. In keeping with this policy, we recently allowed foreign 
carriers to enter the U.S. telecommunications market to provide 
international common carrier service if effective competitive 
opportunities exist for U.S. carriers in the destination markets of 
dominant foreign carriers seeking to enter the U.S. market. See Market 
Entry and Regulation of Foreign-Affiliated Entities, 11 FCC Rcd. 3873, 
60 FR 67332 (December 29, 1995). We also eliminated the distinction 
between domestic and international fixed satellite services over U.S.-
licensed satellite systems allowing U.S. satellite systems to provide 
domestic and/or international service. See Amendment of Commission's 
Regulatory policies governing Domestic Fixed Satellites and Separate 
International Satellite Systems, 11 FCC Rcd. 2429, 61 FR 09946 (March 
12, 1996).
    2. Similarly, this NPRM reflects the Commission's continued efforts 
to promote competition in the U.S. satellite services market which, in 
turn, will increase service options, lower prices, and improve quality. 
With this NPRM, we propose a uniform framework for evaluating 
applications by users in the United States for authority to access 
satellites licensed by other countries. Under our proposed rules, non-
U.S.-licensed satellite systems will be able to provide satellite 
service to, from, and within the United

[[Page 32400]]

States to the extent that foreign markets allow effective competitive 
opportunities for U.S. satellite systems to provide analogous services. 
Our proposal will facilitate much greater access to non-U.S. 
satellites, thus benefitting users within the United States and will 
encourage foreign governments to open their satellite communications 
markets, thereby enhancing competition in the global market for 
satellite services.
    3. In implementing this policy, we will not require satellite 
systems already licensed by other countries to obtain space station 
licenses from the United States. Rather, we propose to permit these 
systems access to the U.S. market by licensing earth stations to 
operate with non-U.S. satellite systems as we have done in the past. 
When reviewing applications, the Commission proposes to apply an 
``effective competitive opportunities for satellites'' or ``ECO-Sat'' 
test to determine whether the entrance of a non-U.S. satellite system 
will promote ``effective competitive opportunities'' for U.S. 
satellites in foreign markets. Under the ECO-Sat test, the Commission 
will determine whether there are any de jure or de facto barriers that 
inhibit U.S. satellite systems from providing services similar to those 
requested by the non-U.S. satellite. The Commission proposes to apply 
the ECO-Sat test to determine whether U.S. fixed satellite systems have 
effective competitive opportunities in: (1) The licensing jurisdiction 
or ``home market'' of the foreign satellite system that seeks to serve 
the United States; and (2) the ``route market'' the applicant seeks to 
serve from the United States over the non-U.S. satellite. When 
evaluating the entrance of a foreign mobile satellite system, we 
propose to apply a modified version of the ECO-Sat test in which the 
Commission would determine whether some ``critical mass'' of foreign 
countries, globally or regionally, are open to U.S. satellite operators 
before allowing a foreign mobile satellite system to serve the United 
States.
    4. We will also consider other public interest factors which may 
dictate a result different from that indicated by applying the ECO-Sat 
test. We may consider, with appropriate guidance from the Executive 
Branch, other public interest factors including national security, law 
enforcement, foreign policy, or trade issues. Issues of spectrum 
availability and coordination may also be considered.
    5. The Commission proposes to apply the ECO-Sat test and larger 
public interest analysis when an inter-governmental organization such 
as Inmarsat or Intelsat seeks to provide U.S. domestic service and when 
subsidiaries, affiliates, or successors of an inter-governmental 
organization seek access to the U.S. market. International service from 
the U.S. is already being provided to virtually every market in the 
world by Intelsat and Inmarsat and the Commission does not intend to 
apply its rules retroactively. Thus, the Commission proposes to 
continue licensing international communications over the Intelsat and 
Inmarsat systems without applying the ECO-Sat test.
    6. In addition, the Commission proposes to retain the licensing 
requirement for receive-only earth stations in the fixed satellite 
service that communicate with non-U.S. satellites. Retaining the 
licensing requirement for these earth stations ensures that the related 
radio communications conducted within the United States, are consistent 
with U.S. competition and spectrum management policies. Also, we 
believe it is no longer necessary to license receive-only earth 
stations operating with U.S. satellite systems for the reception of 
service from foreign countries. Instead, we propose that they be 
subject to a voluntary registration process. Finally, in an attempt to 
diminish regulatory burden and speed processing, we propose to allow 
receive-only earth station applicants operating with U.S. or non-U.S. 
satellites to request blanket authority to operate multiple technically 
identical receive-only earth stations.
    7. To ensure that the non-U.S. systems can provide service in a 
fast and efficient manner, the Commission will require certain legal, 
technical, and financial information concerning the non-U.S. system. 
Also, to prevent interference to U.S. satellite systems and to 
facilitate responsible spectrum management in the United States, we 
propose to require all non-U.S. satellite systems serving the United 
States to comply with the technical and reporting requirements we 
impose on U.S. satellite systems.
    8. This proposal is likely to enhance competition in the global 
communication services marketplace, prevent anticompetitive conduct in 
the provision of satellite services, and encourage foreign governments 
to open their communications market.

Ordering Clauses

    9. Accordingly, it is ordered that pursuant to the authority 
contained in sections 1, 4(i), 303, and 308 of the Communications Act 
of 1934, as amended, 47 U.S.C. 151, 154(i), 303, and 308, NPRM is 
hereby given of our intent to adopt the policies and rules set forth in 
this NPRM and that comment is sought on all the proposals in this NPRM.
    10. It is further ordered that the Secretary 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 in accordance with paragraph 603(a) of the 
Regulatory Flexibility Act, Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. 
601 et seq. (1981).

Administrative Matters

    11. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a). 
The Sunshine Agenda period is the period of time that commences with 
the release of public notice that a matter has been placed on the 
Sunshine Agenda and terminates when the Commission (1) releases the 
text of a decision or order in the matter; (2) issues a public notice 
stating that the matter has been deleted from the Sunshine Agenda; or 
(3) issues a public notice stating that the matter has been returned to 
the staff for further consideration, whichever occurs first. 47 CFR 
1.1202(f). During the Sunshine Agenda period, no presentations, ex 
parte or otherwise, are permitted unless specifically exempted. 47 CFR 
1.1203.
    12. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before July 15, 1996 and reply comments 
on or before August 16, 1996. To file formally in this proceeding, you 
must file an original and five copies of all comments, reply comments, 
and supporting comments. If you want each Commissioner to receive a 
personal copy of your comments send additional copies to Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. 
Comments and reply comments will be available for public inspection 
during regular business hours in the Federal Communications Commission, 
Reference Center, Room 239, 1919 M Street, NW., Washington, DC 20554. 
For further information concerning this rulemaking contact Paula Ford 
at (202)418-0760 or Virginia Marshall (202)418-0778.

Initial Regulatory Flexibility Act Statement

    13. As required by section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial

[[Page 32401]]

Regulatory Flexibility Analysis (``IRFA'') of the expected impact on 
small entities of the proposals suggested in this document. The IRFA is 
set forth in Appendix A of the NPRM. Written public comments are 
requested on the IRFA. These comments must be filed in accordance with 
the same filing deadlines as comments on the rest of the NPRM, but they 
must have a separate and distinct heading designating them as responses 
to the Initial Regulatory Flexibility Analysis. The Secretary shall 
send a copy of this NPRM, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(a) of the Regulatory 
Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et 
seq. (1981).

List of Subjects in 47 CFR Part 25

    Satellites

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Part 25 of the Commission's Rules and Regulations, Chapter I of 
Title 47 of the Code of Federal Regulations is proposed to be amended 
as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for Part 25 continues to read as follows:

    Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat. 
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104, 
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.

    2. Section 25.113 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 25.113  Construction permits.

* * * * *
    (b) Construction permits are not required for satellite earth 
stations that operate with U.S.-licensed or non-U.S.-licensed space 
stations. * * *
* * * * *
    3. Section 25.115 is amended by revising the first sentence of 
paragraph (c) to read as follows:


Sec. 25.115 Applications for earth station authorizations.

* * * * *
    (c) Large Networks of Small Antennas operating in the 12/14 GHz 
frequency bands with U.S.-licensed or non-U.S.-licensed satellites for 
domestic services. * * *
* * * * *
    4. Section 25.130 is amended by revising the first sentence of 
paragraph (d) to read as follows:


Sec. 25.130  Filing requirements for transmitting earth stations.

* * * * *
    (d) Transmissions of signals or programming to non-U.S.-licensed 
satellites, and to and/or from foreign points by means of U.S.-licensed 
fixed satellites may be subject to restrictions as a result of 
international agreements or treaties. * * *
* * * * *
    5. Section 25.131 is amended by revising paragraphs (b) and (j) to 
read as follows:


Sec. 25.131  Filing requirements for receive-only earth stations.

* * * * *
    (b) Except as provided in paragraph (j) of this section, receive-
only earth stations in the fixed-satellite service that operate with 
U.S.-licensed satellites may be registered with the Commission in order 
to protect them from interference from terrestrial microwave stations 
in bands shared co-equally with the fixed service in accordance with 
the procedures of Secs. 25.203 and 25.251-25.256.
* * * * *
    (j) Receive-only earth stations operating with non-U.S.-licensed 
space stations shall file an FCC Form 493 requesting a license or 
modification to operate such station. Receive-only earth stations used 
to receive INTELNET I service from Intelsat space stations need not 
file for licenses. See Deregulation of Receive-Only Satellite Earth 
Stations Operating with the INTELSAT Global Communications Satellite 
System, Declaratory Ruling, RM No. 4845, FCC 86-214 (released May 19, 
1986).
    6. Section 25.137 is added to read as follows:


Sec. 25.137  Application requirements for earth stations operating with 
non-U.S.-licensed space stations.

    (a) Earth stations requesting authority to operate with a non-U.S.-
licensed space station to participate in the U.S. satellite service 
market must attach an exhibit with their FCC Form 493 application with 
information demonstrating that U.S.-licensed satellite systems have 
effective competitive opportunities to provide analogous services in:
    (1) The country in which the non-U.S.-licensed space station is 
licensed; and
    (2) All countries in which communications with the U.S. earth 
station will originate or terminate. The applicant bears the burden of 
showing that there are no de jure or legal constraints that limit or 
prevent access of the U.S. satellite system in the relevant foreign 
markets. The exhibit required by this paragraph must also include a 
statement of why grant of the application is in the public interest.
    (b) Earth stations requesting authority to operate with a non-U.S.-
licensed space station must attach to their FCC Form 493 an exhibit 
providing legal, financial, and technical information for the non-U.S.-
licensed space station in accordance with this Part 25 and Part 100 of 
this chapter. If the non-U.S.-licensed space station is in orbit and 
operating, the applicant need not include the financial information.
    (c) A non-U.S.-licensed satellite system seeking to serve the 
United States can be considered contemporaneously with other U.S. 
satellite systems if it is:
    (1) In orbit and operating;
    (2) Has a license from another administration; or
    (3) Has been submitted for coordination to the International 
Telecommunication Union and is pursuing a license in another 
administration.

[FR Doc. 96-15857 Filed 6-21-96; 8:45 am]
BILLING CODE 6712-01-P

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