Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)


[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Rules and Regulations]
[Pages 55315-55349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14800]



[[Page 55315]]

Vol. 81

Thursday,

No. 160

August 18, 2016

Part III





Federal Communications Commission





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47 CFR Parts 0 and 25





Comprehensive Review of Licensing and Operating Rules for Satellite
Services; Final Rule

Federal Register / Vol. 81 , No. 160 / Thursday, August 18, 2016 /
Rules and Regulations

[[Page 55316]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 25

[FCC 15-167 and FCC 16-58]


Comprehensive Review of Licensing and Operating Rules for
Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission comprehensively
streamlines its rules governing licensing and operation of satellites
and earth stations to foster more rapid deployment of services, greater
investment, and new innovation.

DATES: Effective September 19, 2016. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of September 19, 2016.

FOR FURTHER INFORMATION CONTACT: Clay DeCell, 202-418-0803, or if
concerning the information collections in this document, Cathy
Williams, 202-418-2918.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order, FCC 15-167, adopted and released December 17, 2015,
and Erratum, FCC 16-58, released May 6, 2016. The full text of the
Report and Order is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-167A1.pdf, and the text of the Erratum at https://apps.fcc.gov/edocs_public/attachmatch/DOC-339238A1.pdf. They also are
available for inspection and copying during business hours in the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. 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).

Synopsis

In a Notice of Proposed Rulemaking (NPRM), 79 FR 65106, the
Commission proposed comprehensive changes to its rules and policies
governing space stations and earth stations. This Report and Order
adopts new rules on the basis of the established record and with the
purpose of updating, simplifying, and streamlining the Commission's
regulation of satellite services and of reducing burdens on applicants,
licensees, and the Commission, consistent with the public interest.

Two-Step Application Process for Advance ITU Filings

We adopt a modified version of the two-step application process
proposed in the NPRM. Any party seeking a geostationary-satellite orbit
(GSO) space station license from the Commission to provide fixed-
satellite service (FSS) in non-planned frequency bands may submit
advance publication of information (API) materials to the Commission
for forwarding to the International Telecommunication Union (ITU)
before submitting a corresponding license application. This initial
submission must include a letter request for filing of the API and a
signed cost-recovery declaration. The Commission will process and
forward up to five APIs from an entity if not accompanied by a
Coordination Request and will not assess mutual exclusivity issues. The
filing of API materials with the Commission will not establish priority
in the Commission's first-come, first-served queue and will not require
a fee. Instead, queue status will be established upon filing of
Coordination Request materials, as described below.
In order to establish and perfect a queue position under the new,
optional, two-step application process, an applicant must submit a
draft Coordination Request filing to the Commission, using simplified
Form 312 (Main Form), pay the license application fee, and post a
$500,000 bond. This first-step application submission will establish a
place in the space station application processing queue as of the time
that the International Bureau receives the Form 312 and Coordination
Request materials. A party submitting an API filing request to the
Commission may file associated Coordination Request materials at the
same time or at any time within two years of API submission to the ITU.
As with APIs, the International Bureau will forward potentially
conflicting Coordination Requests to the ITU and issue a public notice
announcing that submission. If an applicant later modifies the
submitted Coordination Request materials to change the proposed orbital
location or to add frequencies, we will reset the queue position for
the new or modified operations to the date of receipt of the modified
Coordination Request materials by the Commission. We include in this
category any modification to the proposed satellite network for which
the ITU would require an amended API and would reset the receivable
date of the associated Coordination Request, thus delaying the earliest
possible date of priority for international coordination. An applicant
that has submitted Coordination Request materials and an initial Form
312 to the Commission will be entitled to a refund of the application
fee paid if the applicant notifies the Commission that it no longer
wishes to keep its application on file before the Commission has issued
a public notice announcing that the Coordination Request materials have
been submitted to the ITU.
As we observed in the NPRM, the information provided in a
Coordination Request is not sufficiently detailed to enable the
Commission to determine mutual exclusivity with other space station
applications. The queue position of a Coordination Request is,
therefore, provisional until the application has been completed. For
bands in which we apply two-degree spacing requirements, we will
presume that a full application is mutually exclusive with a
Coordination Request for co-frequency space station operation within
two degrees of orbital separation. Final determination on mutual
exclusivity will be done after the full application associated with the
Coordination Request is received by the Commission.
The final step is to submit a complete space station license
application for operation using the orbital location, frequency bands,
and polarization proposed in the Coordination Request, including the
information required by 47 CFR 25.114 and 25.140, and the full
application fee, within two years of the filing of the initial
Coordination Request materials with the Commission.
If a party conveys to the Commission that it no longer wishes to
use an API or Coordination Request submitted to the ITU at its request,
or if an applicant fails to submit the information required by the
second step of the licensing process within the two-year period, any
queue status based on the Coordination Request filing will be
nullified. In that case, we will issue a public notice announcing any
nullification of an applicant's position in the queue and the
availability of the API and/or Coordination Request filings and will
allow the first party to submit a letter request and cost-recovery
declaration to use them. An applicant accepting such abandoned ITU
filings will be required to accept any attendant ITU cost-recovery
obligations that have not yet been incurred in connection with the
filings. In addition, the queue priority date for the applicant
accepting the filings will be established as of the time of its request
for use of the filings, if it submits an application-stage bond within
the 30-day period, or as of the time it submits a complete space
station

[[Page 55317]]

application. We will follow this same procedure if an applicant
submitting Coordination Request materials to the Commission fails to
file a copy of the required bond with the Commission within 30 days
after release of the public notice announcing that the Commission has
filed the Coordination Request with the ITU.

Application-Stage Bond

We adopt an application-stage bond requirement as a financial
qualification requirement pursuant to our authority under 47 U.S.C.
154(i), 303(r), and 308(b). The bond is part of the initial set of
materials--which also includes the simplified FCC Form 312, Main Form,
the application fee, and the Coordination Request--that, when
submitted, will secure the prospective licensee priority in the
Commission's application processing queue. As such, the submission of
these materials constitutes the first step of a two-step procedure for
filing a satellite license application.
A party that defaults on its obligation to timely file an
acceptable application for the operation proposed in a Coordination
Request, or Appendix 30B filing as noted below, must forfeit the value
of the application-stage bond. We will not allow escrow accounts or
letters of credit to satisfy the application-bond requirement. We will
release the application-stage bond upon finding that a timely filed
application is acceptable for filing, rather than maintaining the bond
until the application is ultimately granted.
We will set the application-stage bond amount at $500,000. We will
require the $500,000 bond to be posted within 30 days of the release of
the public notice announcing that the Coordination Request has been
submitted to the ITU. If an applicant fails to timely post the
application-stage bond, we will issue a public notice announcing the
nullification of that applicant's position in the queue and the
availability of the API and Coordination Request filings and will allow
the first subsequent party to submit a letter request and cost-recovery
declaration to use them. Finally, we will establish an appropriate
queue position for all complete requests for submission of Coordination
Request materials, and therefore require an application-stage bond for
all such requests.

Other Mechanisms To Deter Warehousing

In light of our adoption of an application-stage bond requirement,
we will not apply the ``Three-Strikes'' rule in 47 CFR 25.159(d) to
instances in which a complete application is not timely filed after an
initial Coordination Request. We also will not include Coordination
Request filings in the five-item limit on pending applications and
unbuilt authorizations in a particular frequency band, which we
eliminate below. Nonetheless, an applicant that has triggered the
presumption of the Three-Strikes rule due to repeatedly failing to meet
its milestone obligations will be subject to the lowered limit on space
station license applications, including first-step filings.
We will, however, limit to five the total number of API filings
that a party may request to be submitted through the United States
without also timely submitting associated Coordination Request
materials and a bond. We will not apply this five-item limit on APIs
alone on a per-frequency-band basis. To prevent manipulation of this
limit by separate but affiliated entities, we will also apply the
attribution criteria in 47 CFR 25.159(c) to entities requesting API
filings.

Confidentiality

We adopt our proposal to treat ITU filing requests as confidential
only until the Commission submits the filings to the ITU. We generally
will make available the API and Coordination Request information once
it has been forwarded to the ITU. In cases where the API and
Coordination Request are submitted separately, however, we will not
disclose the identity of the party requesting the API until after the
Coordination Request has been submitted. For Coordination Requests, we
will also issue a public notice announcing the submission to the ITU
and noting the queued application. Finally, if a later party files
without knowledge of an earlier Coordination Request filing with queue
priority, we will entertain requests by the later party to withdraw the
filing, and cancel any associated bond, within 30 days of the public
notice announcing the higher queue priority applicant.

Non-U.S. Licensed Space Stations

We will afford queue priority to space station license applicants
that initiate their applications by submitting Coordination Request
materials to the Commission for filing at the ITU. Accordingly, if a
non-U.S. licensed operator files a request for access to the U.S.
market after the filing of a first-step application that is deemed
mutually exclusive, we generally will defer action on the market access
request until after we have resolved the earlier-filed application or
mutual exclusivity concerns have been eliminated through coordination
between the parties involved. This is true even in cases where the
foreign operator makes use of an ITU filing with an earlier date of
protection than the U.S. filing relied upon by the applicant. We employ
this queue procedure today when considering a request for access to the
U.S. market vis-[agrave]-vis an earlier space station license
application. Any U.S. license granted, however, will be subject to the
outcome of the international coordination process. This may mean that
the U.S. licensee may not be able to operate its system if the
coordination cannot be appropriately completed.

Scope of Advance ITU Filing Procedure

For ``NGSO-like'' space station operation, we will submit API and
Coordination Request filings prior to receiving a corresponding space
station license application. Under 47 CFR 25.157, applications for such
space stations are not eligible for first-come, first-served
processing, and the information contained in an API or Coordination
Request would be insufficient to begin a modified processing round.
Therefore, the submission of ITU filings for systems proposing ``NGSO-
like'' operation will not establish any status in the Commission's
licensing process. Similarly, we will review and forward filings in
bands subject to Appendices 30 and 30A of the ITU Radio Regulations in
advance of a license application, and without affording any licensing
status, as applications for such Direct Broadcast Satellite systems are
also presently not eligible for first-come, first-served processing.
For ITU filings in the FSS bands subject to Appendix 30B, we will
follow an optional procedure similar to that adopted for non-planned
band operation. Thus, ITU filings to convert an allotment into an
assignment, to introduce an additional system, or to modify an
assignment in the Appendix 30B List will be treated in the same manner
as a Coordination Request filing for GSO FSS operation in non-planned
bands. Such filings, accompanied by a simplified Form 312 (Main Form),
demonstration or certification described in the following paragraph,
and an application-stage bond, will establish a position in the
Commission's space station licensing queue. The bond will similarly be
forfeited in the event the party does not submit a complete space
station application within two years.
Unlike Coordination Requests in non-planned bands, however, we will
review a proposed filing under Appendices 30, 30A, or 30B prior to
forwarding the filing to the ITU to ensure that it is

[[Page 55318]]

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.
Finally, we will apply the API and Coordination Request procedures
described above, including the bond requirement and queue status, to
filings and applications for 17/24 GHz BSS space stations, for the same
reasons that we are applying them to GSO FSS filings and applications
in non-planned bands. The Commission has established a four-degree
orbital spacing environment for the 17/24 GHz BSS. Accordingly, we will
presume that a full 17/24 GHz BSS space station application is mutually
exclusive with a Coordination Request for co-frequency space station
operation within four degrees of orbital separation. Final
determination on mutual exclusivity will be done after the full
application associated with the Coordination Request is received by the
Commission.

Milestone Schedules

We will retain only the final milestone requirements to launch and
operate the authorized space stations for both GSO and non-
geostationary satellite orbit (NGSO) system licensees. We will not
allow licensees to submit milestone showings as a means to reduce the
surety bond. For GSO systems, licensees will be required to launch and
operate the authorized space station(s) within five years from the date
the license is issued. For NGSO systems, licensees will be required to
operate the complete constellation within six years of grant.
Consistent with our current rules, we will impose the same simplified
milestone requirements on grants of access to the U.S. market via
proposed non-U.S. licensed space stations. We expect that any requests
for an extension of time to meet the final milestone requirement will
be filed near to the deadline and will demonstrate that, despite the
licensee's or market access recipient's diligent efforts, circumstances
beyond its control prevent compliance with the milestone requirement.

Milestone Certifications and Other Milestone Proposals

We will not adopt any of the proposals to specify elements of
sufficient demonstrations for the contract execution, CDR, and
construction commencement milestone requirements. Nor will we allow a
licensee to satisfy the final milestone requirement in a new GSO space
station authorization by operating any ``healthy'' satellite at the
authorized orbital location, rather than constructing and launching the
satellite it had proposed.

Escalating Bond

We adopt an escalating post-grant bond requirement. By increasing
over time the potential payment liability under the bond, an escalating
bond will create a financial incentive for unprepared or speculative
licensees, or licensees whose business plans change, to surrender their
authorizations early.

Bond Amounts

We will specify an initial bond payment liability of $1 million for
both GSO system licensees and NGSO system licensees under our modified
escalating bond requirement. We believe that this amount is substantial
enough to deter many applicants from filing applications for strategic
motives with the intention of surrendering their licenses shortly after
grant. Licensees that do repeatedly surrender their authorizations
before satisfying the final milestone requirements may be subject to a
lower limit on additional space station applications under the ``Three-
Strikes'' rule.
We will also retain the current bond amounts of $3 million for GSO
system licenses and $5 million for NGSO system licenses as the final
payment amounts potentially due under the escalating bond. We will not
adopt SpaceX's suggestion to create a separate bond category for ``NGSO
broadband satellite systems.''
We will not adopt our proposal to require bond payment amounts due
in the event of default to be indexed based on the Gross Domestic
Product Chain-type Price Index, which was opposed by all commenting
parties. We prefer instead to retain stable payment amounts. This
structure is simpler and should provide licensees greater certainty as
to their potential liability without significantly reducing the
deterrence of the bond requirement.
Under the modified bond requirement, a GSO system licensee must
file a surety bond requiring initial payment in the case of license
surrender of at least $1 million. The payment amount due to the U.S.
Treasury under the bond will increase, pro rata, in proportion to the
time that has elapsed since the license was granted to the time of the
launch and operate milestone. The amount of the bond itself at any
given time, however, must be sufficient to cover the amount due to the
Treasury if the licensee were to surrender its license, and may be set
at a fixed value that is increased yearly to cover the maximum
potential liability in the upcoming year. The payment due upon failing
to meet the milestone to launch and operate the authorized space
station after five years will be $3 million. Thus, for example, if a
GSO system licensee surrenders its authorization two years after grant,
the amount due would be equal to the $1 million baseline amount plus a
pro rata amount of the remaining $2 million maximum, or $1,000,000 +
$2,000,000 x (2 (years)/5 (years)), or $1,800,000.
NGSO system licensees will be required to post a surety bond
requiring initial payment in the case of surrender of at least $1
million as well. Payment liability will increase, pro rata, in the same
manner, to a final bond payment value of $5 million after six years. In
addition to these changes for U.S. licensees, we also make
consequential changes to the bond requirements for proposed non-U.S.
licensed space stations that have been granted access to the U.S.
market but are not in orbit and operating.
We believe that an escalating bond requirement in the amounts we
are prescribing, combined with the simplified milestone schedules, will
deter warehousing of satellite spectrum more efficiently than is done
today.

Treatment of Licensees With Outstanding Interim Milestone Requirements

We will apply the modified bond and milestone requirements to space
station licenses and grants of market access granted after the new
rules come into effect. In addition, we anticipate that space station
licensees and market access recipients with existing grants at the time
the new rules come into effect may also wish to proceed under the new
bond and milestone regime. In that case, the space station grantee
would submit a letter request to replace its current milestone schedule
and bond obligation with the single, final milestone and escalating
bond requirement. In addition, the space station operator would submit
a new or modified bond and be relieved of the obligations under its
previous milestone schedule. Existing licensees and market access

[[Page 55319]]

recipients will also have the option to continue under the bond and
milestone conditions established in their grants under the rules
currently in effect.

Treatment of Authorizations With Pending Milestone Determinations

Pending before the International Bureau and the Commission are a
number of requests for interim milestone determinations for space
station licenses and market access grants that have been surrendered,
in some cases years ago. See 115 LICENSE SUBSIDIARY, LLC, 17/24 GHz
Broadcasting-Satellite Service Space Station at the 115.0[deg] W.L.
Orbital Location; Ruling on Milestones Completion, Order, 30 FCC Rcd
2759 (Int'l Bur. 2015) (application for review pending); EchoStar
Corporation, IBFS File Nos. SAT-LOA-20020328-00052, SAT-LOA-20020328-
00051, SAT-LOA-20070105-00001, SAT-LOA-20070105-00003, SAT-LOA-
20020328-00050; Hughes Network Systems, LLC, IBFS File No. SAT-LOA-
20111223-00248. Processing these requests as required by 47 CFR 25.164
is extraordinarily time-consuming and resource-intensive, as we have
previously noted. And, each of these licenses and grants has been
surrendered and made available to others, thus minimizing
``warehousing'' concerns. Accordingly, we direct the International
Bureau to dispose of these pending milestone determination requests by
waiving the requirements of 47 CFR 25.164 as needed. These licensees
and grantees, of course, will forfeit the remainder of their respective
bonds, for which no interim milestone showings have been made.
To encourage further the surrender of licenses granted under the
current bond and milestone regime that will not ultimately be put to
use, we also direct the International Bureau to consider waiving 47 CFR
25.164 as appropriate regarding milestone demonstrations submitted
prior to the adoption of this Second Report and Order for all licenses
and market access grants surrendered within 30 days of release of this
Second Report and Order.

Retaining the Two-Degree Spacing Policy

We retain our longstanding policy of applying routine technical
criteria for GSO FSS operation premised on two-degree orbital
separation between space stations, which applies to all U.S.-licensed
space station operations and to non-U.S. licensed space station
operations that fall within the scope of a grant of U.S. market access.

Continuation of Non-Routine Operations

We adopt the proposal to allow continued transmissions above
routine levels upon notice to the Commission, even if such levels are
not coordinated with later applicants and petitioners for market
access. Space station operators may provide valuable service to users
with very small earth station antennas that is not compatible with
operation of co-frequency, co-coverage space stations separated by two
degrees and transmitting at routine power density levels. Such non-
routine operations may be performed without causing harmful
interference to other users and in accordance with any coordination
agreements required under ITU Radio Regulations and Commission rules or
policies. If future operators are given adequate notice of such pre-
existing, non-routine operation, we do not believe it serves the public
interest to require the existing system to reduce transmit power
density levels to protect a later-authorized, two-degree compliant
operator, in a manner that may preclude continued provision of the
service, in the event the two operators do not come to a successful
coordination. Indeed, continuation of such existing operations would
promote continuity of service and encourage capital investment. At the
same time, we wish to preserve the benefits of expedited processing and
reduced costs that accompany the policy of establishing routine
transmission criteria for two-degree orbital spacing.
To accommodate this dual goal, we will modify the two-degree
spacing policy as follows. An operator of a GSO FSS space station in
the conventional or extended C-bands, conventional or extended Ku-
bands, or conventional Ka-band may notify the Commission of its non-
routine transmission levels and be relieved of the obligation to
coordinate such levels with later applicants and petitioners for market
access. The letter notification must include the downlink off-axis
equivalent isotropically radiated power (EIRP) density levels or power
flux density levels and/or uplink off-axis EIRP density levels,
specified per frequency range and space station antenna beam, that
exceed the relevant routine limits. Once the International Bureau
receives the notification, it will issue a public notice announcing the
filing. Non-routine transmissions notified pursuant to this procedure
need not be coordinated with operators of authorized co-frequency space
stations that filed their complete applications or petitions for market
access after the date of filing of the notification with the
Commission. Such later applicants and petitioners must accept any
additional interference caused by the notified non-routine operations,
but need not restrict their own transmissions below routine levels to
afford greater protection to the incumbent. This procedure will afford
existing, non-routine operations a measure of certainty regarding
future provision of the service, while preserving for new space station
operation the application processing and competitive benefits of
providing service at default transmission levels in these bands. In
addition, to support continuity of service when non-routine operations
are transferred to a replacement space station, we will permit the
replacement to operate up to the notified transmission levels of the
space station being replaced. In the case of a space station license
applicant that files its application without knowledge of a prior-filed
notification of non-routine transmission, we will allow the applicant
to withdraw its application and receive a refund of any fee paid, to
avoid an unfairness that might otherwise arise in this regard.
We recognize that this procedure does not ensure full protection
for existing, non-routine operations, notably sensitive earth station
receive operations. We refrain at this time, however, from establishing
greater protection rights for non-routine operations than can be
negotiated through coordination. We expect that the procedure for
continuation of non-routine transmissions we adopt here will encourage
parties to reach coordination agreements that will preserve to the
maximum extent possible the continuity of existing services. If
difficulties arise that threaten to disrupt an established service,
parties may always bring the matter to the Commission for assistance in
finding a mutually satisfactory solution.

Routine Criteria for Downlink Transmission

We adopt our proposal to remove the routine limits on the power
density of downlink transmission in the conventional Ku-band and
conventional Ka-band from 47 CFR 25.134, 25.138, and 25.212 and insert
them in 47 CFR 25.140 as coordination triggers for space station
applicants and licensees. In addition, we adopt SES's suggested
increases for the proposed limits on digital transmissions in the
conventional and extended C-bands and the conventional and extended Ku-
bands, excluding in both cases the Appendix 30B planned bands. To the
extent that space station operators have

[[Page 55320]]

negotiated coordination agreements for operation in the extended Ku-
band at levels that exceed the routine limits we are adopting, such
operation may continue as far as these coordination agreements remain
in effect.
Because of the specific Appendix 30B plan applicable to 4500-4800
MHz, 6725-7025 MHz, 10.70-10.95 GHz, 11.20-11.45 GHz, and 12.75-13.25
GHz bands, however, and to avoid harming U.S. filings under Appendix
30B, we will not apply routine downlink criteria to these bands.

Certification of Two-Degree Compatibility

We adopt our proposal to require space station applicants to
certify compliance with routine limits in lieu of providing a two-
degree spacing interference analysis. Thus, for operation in the
covered frequency bands, other than analog video operation, at a
location two degrees or more from the nearest co-frequency space
station, GSO FSS space station applicants will be required to provide a
certification that both downlink and uplink operations will not exceed
applicable routine limits unless the non-routine uplink and/or downlink
operation is coordinated with operators of authorized space stations
within six degrees of their assigned orbital location. We decline the
proposal to accept an interference analysis in place of this initial
certification. In case difficulties arise during the required
coordination, a space station grantee that intends to operate in excess
of routine limits may still submit an analysis demonstrating that the
proposed operation will not cause harmful interference to a non-
consenting operator and request that the Commission permit the non-
routine operations. Finally, we note that the requirement for space
station applicants to provide a certification of two-degree spacing
compatibility does not replace the sharing demonstration or
certification required from earth station applicants by 47 CFR
25.203(k).
We also adopt the proposal to require applicants for operation of
17/24 GHz BSS space stations to certify compatibility with the four-
degree spacing environment for that service. This certification, based
on the downlink PFD limits in 47 CFR 25.208(w) and uplink EIRP density
limits in 47 CFR 25.223(c), similarly will provide additional
flexibility to operators and reduce administrative burdens on
applicants and the Commission.

Geographic Scope of Operations Covered by the Two-Degree Spacing Policy

We will not limit the applicability of the two-degree spacing rules
to beams that cover, alone or collectively on the same satellite, all
of the entire contiguous United States (CONUS). We note that two-degree
spacing rules apply only to those non-U.S. licensed space station
operations that fall within the scope of a grant of U.S. market access
under the Commission's DISCO II policy. Thus, transmissions between
non-U.S. licensed space stations and non-U.S. earth stations are not
subject to the policy, and U.S.-licensed operators and applicants need
not take these operations into account for purposes of a two-degree
spacing analysis or certification. For two U.S.-licensed space
stations, however, the default two-degree spacing rules apply to
operations anywhere in the world. We believe that the benefits of
expedited processing and reduced costs for U.S. applicants that are
created by the policy also apply to proposed non-U.S. licensed
operations with any U.S.-licensed earth station.

Limits on Aggregate EIRP Density

We anticipate that sharing situations may sometimes arise where a
space station employing wide-area beams will operate adjacent to one or
more spot beam satellites with multiple co-frequency transmitting earth
stations lying within the victim satellite's receiving beam, but not in
the same target satellite receiving beam. In such situations, the wide-
area-beam satellite system may be subject to aggregate off-axis
emissions that exceed the limit permissible for a single earth station.
Although we expect that these instances will be infrequent, and that
the interference will be largely mitigated by factors such as the
decreased G/T of the wide-area beam and the gain roll-off over the
service area, we cannot predict in advance its extent or how
problematic it may be. If interference due to aggregate off-axis
emissions from earth stations transmitting to another satellite does
occur, both operators must cooperate fully in order to coordinate their
systems so that each may continue its operations. However, coordination
will not be required unless the aggregate interference into the
receiving beam of the victim satellite, from all co-frequency earth
stations transmitting simultaneously to the same target satellite,
exceeds the interference that would be generated by a single earth
station located at the peak of the victim satellite's receiving antenna
beam, and transmitting at the maximum off-axis EIRP density permitted
under the relevant rule Section.

Permitted Space Station List

We expand the definition of the Permitted Space Station List to
include all GSO FSS space stations licensed or granted U.S. market
access in bands where we will have routine licensing criteria for earth
stations, i.e., the extended and conventional C-bands, the extended and
conventional Ku-bands, the conventional Ka-band, and the 24.75-25.25
GHz band. We will include in the Permitted List designation all non-
U.S. licensed space stations that have been granted U.S. market access
in these bands, whether the market access is accomplished through a
declaratory ruling or a U.S. earth station license. Thus, consistent
with our treatment of U.S.-licensed space stations, non-U.S. licensed
operators will not need to request specific inclusion on the Permitted
List. We also specify that all requests for market access by the space
station operator must be submitted through a petition for declaratory
ruling, rather than through a Letter of Intent.

Assignments and Transfers of Control of Station Authorizations

We will not require prior approval for pro forma assignments and
transfers of control of common carrier space station and earth station
licenses when the licensee meets the definition of ``telecommunications
carrier'' in the Act. Rather, the pro forma assignee or entity that has
undergone a pro forma change in ownership must file a notification
within 30 days of consummation of the transaction. The notification
must be provided in a Form 312, Main Form and Schedule A and include a
certification that the transfer of control or assignment was pro forma
and that, together with all previous pro forma transactions, it did not
result in a change in the actual controlling party. Such notifications
will not be subject to application fees. Updated ownership information
must also be provided as necessary to ensure that the Commission's
records are kept accurate. After receipt of the Form 312, Main Form and
Schedule A and any necessary attachments, the Commission will place the
notification on public notice as granted. Any interested party that
objects to the transaction may, within 30 days from the date upon which
public notice is given, file a petition requesting reconsideration.
In addition, we adopt the proposal to deem granted, one business
day after filing, all applications for pro forma transfer or assignment
of non-common

[[Page 55321]]

carrier space station and earth station licenses. Pro forma transfer
applications do not raise public interest concerns, and the
Commission's review is limited to determining that they are, in fact,
pro forma in nature. Confirmation that the transaction is pro forma may
be accomplished during the reconsideration period. To qualify for this
procedure, in addition to the other application requirements, parties
must certify that the transfer of control or assignment is pro forma
and that, together with all previous pro forma transactions, it will
not result in a change in the actual controlling party. The transfer
must also not require the Commission to issue any waiver or a
declaratory ruling. We will indicate grant of such applications in
periodic public notices, and interested parties, and the Commission,
will have an opportunity to challenge or revisit the grant.

Earth Station Construction Notification

In the event that an earth station is routinely licensed pursuant
to input power density and antenna gain criteria, and the tested
performance of the antenna on-site does not fully comply with those
antenna gain criteria, we will allow the construction notification
requirement in 47 CFR 25.133 to be satisfied if the input power density
is reduced such that, when added to the tested antenna gain pattern,
the calculated EIRP density levels fall within the relevant EIRP
density envelope.

Satellite End-of-Life Disposal

We modify 47 CFR 25.283(c) to delete the word ``all'' in ``all
stored energy sources,'' and change ``and other appropriate measures''
to ``or other appropriate measures.'' In doing so, we permit a
satellite to maintain de minimis propellant or pressurant upon
disposal. We expect to rely on technical guidance from other sources,
including the NASA Technical Standard, Process for Limiting Orbital
Debris, NASA-STD-8719.14A and any revisions thereof, to determine
whether a space station license applicant's plan to deplete onboard
sources of stored energy at satellite end of life will comply with 47
CFR 25.283(c).

Pending Applications

We will apply the rules and procedures we adopt in this Second
Report and Order to pending space station and earth station
applications. Applying our new rules and procedures to pending space
station applications will not impair the rights any applicant had at
the time it filed its application. Nor will doing so increase an
applicant's liability for past conduct.

Paperwork Reduction Act

This document contains new and modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies will be invited to comment
on the new or modified information collection requirements contained in
this proceeding in a separate Federal Register notice.
Pursuant to the Small Business Paperwork Relief Act of 2002, Public
Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific
comment on how the Commission might further reduce the information
collection burden for small business concerns with fewer than 25
employees. We received no comments on this issue. We have assessed the
effects of the revisions adopted that might impose information
collection burdens on small business concerns, and find that the impact
on businesses with fewer than 25 employees will be an overall reduction
in burden. The amendments adopted in this Report and Order eliminate
unnecessary information filing requirements for licensees and
applicants; eliminate unnecessary technical restrictions and enable
applicants and licensees to conserve time, effort, and expense in
preparing applications and reports. Overall, these changes may have a
greater positive impact on small business entities with more limited
resources.

Congressional Review Act

The Commission will send copies of this Report and Order to
Congress and the General Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy
including the final regulatory flexibility act analysis to the Chief
Counsel for Advocacy of the Small Business Administration, in
accordance with Section 603(a) of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. (1981).

Final Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further
Notice of Proposed Rulemaking in the Matter of Comprehensive Review of
Licensing and Operating Rules for Satellite Services. The Commission
sought written public comment on the proposals in the NPRM, including
comment on the IRFA. No comments were received on the IRFA. This Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Rules

This Order adopts comprehensive changes to part 25 of the
Commission's rules, which governs licensing and operation of space
stations and earth stations for the provision of satellite
communication services. We revise the rules to, among other things,
expedite international coordination of proposed satellite networks;
eliminate burdens associated with our milestone requirements; more
effectively deter warehousing under our post-licensing bond
requirement; ensure continuity of service of satellite operations; and
clarify and expand routine earth station licensing procedures.
This Order revises multiple sections of part 25 of the rules.
Specifically, it revises the rules to:
(1) Allow space station applicants to file through the Commission a
satellite network with the International Telecommunication Union up to
two years before filing a complete and detailed space station
application with the Commission.
(2) Eliminate all of the space station construction milestones,
except for the requirement to bring the space station(s) into operation
at the assigned location(s) within a specified period of time.
(3) Modify the space station bond requirements to increase
liability over time to provide better incentives against spectrum
warehousing.
(4) Modify the two-degree spacing policy to permit continued
operation of a non-two-degree compliant satellite network to the extent
that the transmission levels are notified to the Commission, even if a
later applicant does not consent to the higher levels.
(5) Eliminate the requirement for a space station applicant that
starts constructing its satellite prior to filing an application with
the Commission to notify the Commission in writing that it is doing so
at its own risk and expense.
(6) Clarify the requirements to limit aggregate uplink power
density from multiple earth stations transmitting to the same
satellite.
(7) Provide for the automatic grant of applications for
repositioning of space stations with a small offset from the originally
authorized orbital location, and for minor repointing of space station
antennas.
(8) Allow earth station operators to communicate with a replacement
satellite that is deployed with a small

[[Page 55322]]

offset from the originally authorized satellite without prior
Commission authorization.
(9) Extend the frequency bands in which ``routine'' earth station
licensing is permitted.
(10) Expand routine earth station license qualification options for
applicants for earth station operation in the 18.3-18.8 GHz, 19.7-20.2
GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands.
(11) Clarify earth station off-axis antenna radiation pattern
requirements, and the ranges over which the off-axis radiated power can
exceed the specified limits.
(12) Require earth station applicants to file off-axis antenna
radiation charts instead of tables except in off-axis angular regions
where the off-axis radiation exceeds specified limits.
(13) Eliminate the requirement for portable earth station
manufacturers to demonstrate compliance with the radiated power limits
in Section 25.204 of the Commission's rules.
(14) Lower the minimum permissible elevation angle for earth
stations operating in bands not shared with terrestrial services or in
which satellite networks operate bidirectionally from five degrees to
three degrees above the horizontal plane.
(15) Eliminate the restrictions on the center frequencies on which
analog video transmissions in the 3700-4200 MHz band can be conducted.
(16) Eliminate the restrictions on space station antenna
polarization for space stations operating in the 3700-4200 MHz and
5925-6425 MHz bands, and the associated compliance demonstration
requirements in the space station application form.
(17) Eliminate the cross-polarization requirement associated with
FSS space stations.
(18) Update and improve definitions.

Summary of Significant Issues Raised by Public Comments in Response to
the IRFA

No party filing comments in this proceeding responded to the IRFA,
and no party filing comments in this proceeding otherwise argued that
the policies and rules proposed in this proceeding would have a
significant economic impact on a substantial number of small entities.
The Commission has, nonetheless, considered any potential significant
economic impact that the rule changes may have on the small entities
which are impacted. On balance, the Commission believes that the
economic impact on small entities will be positive rather than
negative, and that the rule changes move to streamline the part 25
requirements.

Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration

Pursuant to the Small Business Jobs Act of 2010, the Commission is
required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration, and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments. The Chief Counsel did not file any comments in
response to the proposed rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the
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 the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). Below, we describe and estimate the number of
small entity licensees that may be affected by the adopted rules.

Satellite Telecommunications and All Other Telecommunications

The rules adopted in this Order will 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 the ``Satellite Telecommunications''
category, a business is considered small if it had $32.5 million or
less in annual receipts. Under the ``Other Telecommunications''
category, 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 client-supplied telecommunications
connections are also included in this industry.'' For this category,
Census Bureau data for 2007 show that there 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 will be affected by our adopted rule
changes.
We anticipate that our rule changes will have an impact on earth
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 actions.

Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities

The Order adopts a number of rule changes that will affect
reporting, recordkeeping and other compliance requirements for earth
and space station operators. Most changes, as described below, will
decrease the burden for all businesses operators, especially firms that
hold licenses to operate earth stations.
We streamline and reorganize the rules to facilitate improved
compliance. First, the Order simplifies information collections in
applications for earth

[[Page 55323]]

station licenses, and increases the number of earth station
applications eligible for routine processing. Specifically, the Order
eliminates reporting requirements that are more burdensome than
necessary. For example, because it may be more convenient for some
applicants to qualify for routine licensing based on certification of
conformance with off-axis gain and input power density criteria than to
submit data to demonstrate compliance with routine off-axis EIRP
density limits, we incorporate alternative off-axis gain and input
power density criteria in the rules for applicants for earth stations
transmitting to geostationary satellites in the 28.35-28.6 GHz and/or
29.25-30.0 GHz bands. Thus, an applicant for such earth stations can
qualify for routine licensing either by demonstrating that it will meet
the off-axis EIRP density criteria or by certifying conformance with
off-axis gain standards and specifying input power density consistent
with the proposed criteria.
Another example is that we see no reason to require earth station
antenna gain to be measured in all directions. We, therefore, delete
language that may ambiguously imply requirements beyond the intended
rules. Additionally, we amend a provision to require gain to be
measured at the bottom and top of each band assigned for uplink
transmission, but eliminate the required measurement at the middle of
the allocated frequency band. The Order also expands routine licensing
eligibility to include ``extended C-band'' earth stations.
We amend the rules to allow earth station operators to slightly
repoint their antennas without prior approval for communication with a
GSO replacement satellite within 0.15[deg] of the
originally authorized location. We also eliminate the need to license
receive-only earth stations communicating with non-U.S. licensed space
stations approved for U.S. market access. We clarify that provisions to
qualify for routine licensing for earth station applicants proposing to
transmit in the conventional C-band, the conventional Ku-band, or the
24.75-25.25 GHz band also apply to earth stations that use allocated
FSS frequencies to provide feeder links for non-FSS space stations,
e.g., feeder links for Mobile-Satellite Service (MSS) or BSS space
stations.
The Order also changes filing requirements. For example, we remove
the requirement on applicants for earth station operation in the 18.3-
18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands to
submit antenna gain plots for the receive bands. We also delete
requirements for portable earth station transceivers to demonstrate
compliance with certain rule sections.
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 Commission is aware that some of the revisions may impact small
entities. The NPRM sought comment from all interested parties, and
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 commenters raised any specific concerns about the impact of
the revisions on small entities. This order adopts rule revisions to
modernize the rules and advance the satellite industry. The revisions
eliminate unnecessary requirements and expand routine processing to
applications in additional frequency bands, among other changes.
Together, the revisions in this Order lessen the burden of compliance
on small entities with more limited resources than larger entities.
The adopted changes for earth station licensing clarify
requirements for routine licensing and expand applicability of routine
licensing standards. Each of these changes will lessen the burden in
the licensing process. Specifically, this Order adopts revisions to
provide alternatives for filing requirements, reduce filing
requirements and clarify antenna pattern measurement requirements in
such a way that applicant burden will be reduced. Thus, the revisions
will ultimately lead to benefits for small earth station operators in
the long-term.

Incorporation by Reference

This final rule incorporates by reference five elements of the ITU
Radio Regulations, Edition of 2012, into part 25 for specific purposes:
(1) ITU Radio Regulations, Article 9, ``Procedure for effecting
coordination with or obtaining agreement of other administrations,''
Section II, ``Procedure for effecting coordination.''
(2) ITU Radio Regulations, 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).''
(3) ITU Radio Regulations, Appendix 30A, ``Provisions and
associated Plans and List for feeder links for the broadcasting-
satellite 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.''
(4) ITU Radio Regulations, Appendix 30B, ``Provisions and
associated Plan for the fixed-satellite service in the frequency bands
4 500-4 800 MHz, 6 725-7 025 MHz, 10.70-10.95 GHz, 11.2-11.45 GHz and
12.75-13.25 GHz.''
(5) ITU-R Recommendation S.1503-2, ``Functional description to be
used in developing software tools for determining conformity of non-
geostationary-satellite orbit fixed-satellite system networks with
limits contained in Article 22 of the Radio Regulations,'' December
2013.
Materials (1) through (4) above are available for free download at
http://www.itu.int/pub/R-REG-RR-2012. ITU-R Recommendation S.1503-2 is
available for free download at http://www.itu.int/rec/R-REC-S.1503-2-201312-I. In addition, copies of all of the materials are available for
purchase from the ITU through the contact information provided in new
section 25.108, and are available for public inspection at the
Commission address noted in the rule as well.
Article 9, Section II concerns the procedures for international
coordination of frequency assignments for most space stations licensed
by the Commission. Articles 30, 30A, and 30B govern international use
of the BSS, associated feeder-link, and FSS planned bands,
respectively. ITU-R Recommendation S.1503-2 describes means to evaluate
equivalent power-flux density of certain NGSO FSS systems. The relation
of these materials to specific requirements in part 25 is noted above
in the discussions of the specific requirements. Applicants and
licensees affected by rule sections including these materials by
reference should become familiar with the incorporated materials.

[[Page 55324]]

Ordering Clauses

IT IS ORDERED, pursuant to 47 U.S.C. 154(i), 157(a), 160, 161,
303(c), 303(f), 303(g), 303(r), 308(b), that this Report and Order is
adopted, the policies, rules, and requirements discussed herein are
adopted, and part 25 of the Commission's rules is amended as set forth
below.
IT IS FURTHER ORDERED that the International Bureau is delegated
authority to issue Public Notices consistent with this Report and
Order.
IT IS FURTHER ORDERED that the International Bureau will issue a
Public Notice announcing the effective date for all of the changes
adopted in this Report and Order.
IT IS FURTHER ORDERED that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, will send a
copy of this Order, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.

List of Subjects

47 CFR Part 0

Administrative practice and procedure.

47 CFR Part 25

Administrative practice and procedure, earth stations,
incorporation by reference, satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0 and 25 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.

0
2. In Sec. 0.457, add paragraph (d)(1)(vii)(C) to read as follows:


Sec. 0.457 Records not routinely available for public inspection.

* * * * *
(d) * * *
(1) * * *
(vii) * * *
(C) APIs submitted pursuant to Sec. 25.111(e) of this chapter and
Coordination Requests filed pursuant to Sec. 25.110(b)(3)(i) of this
chapter are not routinely available for public inspection before the
Commission submits the Coordination Request to the ITU. Submission of
Coordination Requests to the ITU will be announced by public notice
pursuant to Sec. 25.151(a)(9) of this chapter.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 is revised to read as follows:

Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303,
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

0
4. In Sec. 25.103, add definitions of ``Conventional C-band,''
``Conventional Ka-band,'' ``Conventional Ku-band,'' ``Extended C-
band,'' ``Plane perpendicular to the GSO arc,'' ``Plane tangent to the
GSO arc,'' ``Skew angle,'' and ``Two-degree-compliant space station''
in alphabetical order; remove the definitions of ``12/14 GHz bands,''
``20/30 GHz bands,'' and ``C band''; and revise the definitions of
``Extended Ku band,'' ``NGSO FSS gateway earth station,'' ``Protection
areas,'' and ``Routine processing or licensing'' to read as follows:


Sec. 25.103 Definitions.

* * * * *
Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-
6425 MHz (Earth-to-space) FSS frequency bands.
Conventional Ka-band. The 18.3-18.8 GHz (space-to-Earth), 19.7-20.2
GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0
GHz (Earth-to-space) frequency bands, which the Commission has
designated as primary for GSO FSS operation.
Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-
14.5 GHz (Earth-to-space) FSS frequency bands.
* * * * *
Extended C-band. The 3600-3700 MHz (space-to-Earth), 5850-5925 MHz
(Earth-to-space), and 6425-6725 MHz (Earth-to-space) FSS frequency
bands.
Extended Ku-band. The 10.95-11.2 GHz (space-to-Earth), 11.45-11.7
GHz (space-to-Earth), and 13.75-14.0 GHz bands (Earth-to-space) FSS
frequency bands.
* * * * *
NGSO FSS gateway earth station. An earth station or complex of
multiple earth station antennas that supports the routing and switching
functions of an NGSO FSS system and that does not originate or
terminate communication traffic. An NGSO FSS gateway earth station may
also be used for telemetry, tracking, and command transmissions and is
not for the exclusive use of any customer.
* * * * *
Plane perpendicular to the GSO arc. The plane that is perpendicular
to the ``plane tangent to the GSO arc,'' as defined below, and includes
a line between the earth station in question and the GSO space station
that it is communicating with.
Plane tangent to the GSO arc. The plane defined by the location of
an earth station's transmitting antenna and a line in the equatorial
plane that is tangent to the GSO arc at the location of the GSO space
station that the earth station is communicating with.
* * * * *
Protection areas. The geographic regions where U.S. Department of
Defense meteorological satellite systems or National Oceanic and
Atmospheric Administration meteorological satellite systems, or both
such systems, receive signals from low earth orbiting satellites. Also,
areas around NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz
Mobile-Satellite Service determined in the manner specified in Sec.
25.203(j).
* * * * *
Routine processing or licensing. Expedited processing of unopposed
applications for earth stations in the FSS communicating with GSO space
stations that satisfy the criteria in Sec. Sec. 25.138(a), 25.211(d),
25.212(c), 25.212(d), 25.212(e), 25.212(f), 25.218, or 25.223(b),
include all required information, are consistent with all Commission
rules, and do not raise any policy issues. Some, but not all, routine
earth station applications are eligible for an autogrant procedure
under Sec. 25.115(a)(3).
* * * * *
Skew angle. The angle between the minor axis of an axially
asymmetric antenna beam and the plane tangent to the GSO arc.
* * * * *
Two-degree-compliant space station. A GSO FSS space station
operating in the conventional or extended C-bands, the conventional or
extended Ku-bands, or the conventional Ka-band within the limits on
downlink EIRP density or PFD specified in Sec. 25.140(a)(3) and
communicating only with earth stations operating in conformance with
routine uplink parameters specified in Sec. Sec. 25.138(a), 25.211(d),
25.212(c), (d), or (f), 25.218, 25.221(a)(1) or (a)(3), 25.222(a)(1) or
(a)(3), 25.226(a)(1) or (a)(3), or 25.227(a)(1) or (a)(3).
* * * * *

0
5. Add Sec. 25.108 to read as follows:

[[Page 55325]]

Sec. 25.108 Incorporation by reference.

(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Commission must publish a document in
the Federal Register and the material must be available to the public.
All approved material is available for inspection at the Federal
Communications Commission, 445 12th Street SW., Reference Information
Center, Room CY-A257, Washington, DC 20554, 202-418-0270, and is
available from the sources listed below. It is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) International Telecommunication Union (ITU), Place des Nations,
1211 Geneva 20 Switzerland; www.itu.int; Voice: +41 22 730 5111; Fax:
+41 22 733 7256; email: itumail@itu.int.
(1) ITU Radio Regulations, Volume 1: Articles, Article 9,
``Procedure for effecting coordination with or obtaining agreement of
other administrations,'' Section II, ``Procedure for effecting
coordination,'' Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012.
Incorporation by reference approved for Sec. 25.111(e).
(2) 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.
Incorporation by reference approved for Sec. Sec. 25.117(h) and
25.118(e).
(3) ITU Radio Regulations, Volume 2: Appendices, Appendix 30A,
``Provisions and associated Plans and List for feeder links for the
broadcasting-satellite 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-RR-2012.
Incorporation by reference approved for Sec. Sec. 25.110(b),
25.117(h), and 25.118(e).
(4) ITU Radio Regulations, Volume 2: Appendices, Appendix 30B,
``Provisions and associated Plan for the fixed-satellite service in the
frequency bands 4 500-4 800 MHz, 6 725-7 025 MHz, 10.70-10.95 GHz,
11.2-11.45 GHz and 12.75-13.25 GHz,'' Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. Incorporation by reference approved for
Sec. Sec. 25.110(b) and 25.140(a).
(5) Recommendation ITU-R S.1503-2, ``Functional description to be
used in developing software tools for determining conformity of non-
geostationary-satellite orbit fixed-satellite system networks with
limits contained in Article 22 of the Radio Regulations,'' December
2013, http://www.itu.int/rec/R-REC-S.1503-2-201312-I. Incorporation by
reference approved for Sec. 25.146(a).

0
6. In Sec. 25.110, revise paragraphs (b) and (f) to read as follows:


Sec. 25.110 Filing of applications, fees, and number of copies.

* * * * *
(b) Submitting your application. (1) All earth station license
applications must be filed electronically on FCC Form 312 in accordance
with the applicable provisions of part 1, subpart Y of this chapter.
(2) Except as provided in paragraph (b)(3) of this section,
applications for space station licenses must be filed electronically on
FCC Form 312 in accordance with the applicable provisions of part 1,
subpart Y of this chapter and include all information required by Sec.
25.114.
(3) A license application for 17/24 GHz BSS space station operation
or for GSO FSS space station operation not subject to the provisions in
Appendix 30A of the ITU Radio Regulations (incorporated by reference,
see Sec. 25.108) may be submitted in two steps, as follows:
(i) An application for 17/24 GHz BSS space station operation or for
GSO FSS space station operation not subject to the provisions in
Appendix 30B of the ITU Radio Regulations (incorporated by reference,
see Sec. 25.108) may be initiated by filing with the Commission, in
accordance with the applicable provisions of part 1, subpart Y of this
chapter, a draft Coordination Request and simplified Form 312 for the
proposed operation and a declaration of acceptance of ITU cost-recovery
responsibility in accordance with Sec. 25.111(d). The simplified Form
312, Main Form submission must include the information required by
items 1-17, 43, 45, and 46.
(ii) An application for GSO FSS space station operation subject to
the provisions in Appendix 30B of the ITU Radio Regulations
(incorporated by reference, see Sec. 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
convert an allotment into an assignment, to introduce an additional
system, or to modify an assignment in the Appendix 30B List accompanied
by a simplified Form 312 and a declaration of acceptance of ITU cost-
recovery responsibility in accordance with Sec. 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 30B 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.
(iii) An application initiated pursuant to paragraphs (b)(3)(i) or
(b)(3)(ii) 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 Sec.
25.114, within two years of the date of submission of the initial
application materials.
* * * * *
(f) An applicant must pay the appropriate filing fee in accordance
with part 1, subpart G of this chapter, at the time when it files a FCC
Form 312.

0
7. In Sec. 25.111, revise the section heading and paragraph (d) and
add paragraph (e) to read as follows:


Sec. 25.111 Additional information, ITU filings, and ITU cost
recovery.

* * * * *
(d) The Commission will submit filings to the ITU on behalf of an
applicant, licensee, or other requesting party only after the party has
filed a signed declaration of unconditional acceptance of all
consequent ITU cost-recovery responsibility. Applicants and licensees
must file the declaration electronically in the ``Other Filings'' tab
of the application file in the IBFS database, and must also mail a
paper copy to the International Bureau, Satellite Division. In
addition, applicants and licensees must reference the call sign and
name of the satellite network in the declaration. All cost-recovery
declarations must include the name(s), address(es), email address(es),
and telephone number(s) of a contact person, or persons, responsible
for cost recovery inquiries and ITU correspondence and filings.
Supplements must be filed as necessary to apprise the Commission of
changes in the contact information until the ITU

[[Page 55326]]

cost-recovery responsibility is discharged. The applicant, licensee, or
other party must remit payment of any resultant cost-recovery fee to
the ITU by the due date specified in the ITU invoice, unless an appeal
is pending with the ITU that was filed prior to the due date. A license
granted in reliance on such a commitment will be conditioned upon
discharge of any such cost-recovery obligation. Where an applicant or
licensee has an overdue ITU cost-recovery fee and does not have an
appeal pending with the ITU, the Commission will dismiss any
application associated with that satellite network.
(e) The Commission will process and forward to the ITU up to five
Advance Publication filings by an entity that are not accompanied by a
complete space station license application or by an application
pursuant to Sec. 25.110(b)(3)(i) or (b)(3)(ii). Such Advance
Publication filing requests not contained in an application must be
accompanied by a letter request and a signed ITU cost-recovery
declaration pursuant to paragraph (d) of this section. A request for
filing of Advance Publication information will be attributed to an
entity in the same manner as a space station license application under
the criteria set forth in Sec. 25.159(c).

Note to Paragraph (e): After June 30, 2016, the Commission will
not forward Advance Publication information for satellite networks
or systems subject to Article 9, Section II of the ITU Radio
Regulations (incorporated by reference, see Sec. 25.108).


0
8. In Sec. 25.112, revise the section heading, the first sentence in
paragraph (b) introductory text, and paragraph (c) and add paragraph
(d) to read as follows:


Sec. 25.112 Dismissal and return of applications.

* * * * *
(b) Applications for space station authority found defective under
paragraph (a)(3) or (a)(4) of this section will not be considered. * *
*
* * * * *
(c) The Commission will dismiss an application for failure to
prosecute or for failure to respond substantially within a specified
time period to official correspondence or requests for additional
information. Dismissal will be without prejudice unless the application
is mutually exclusive pursuant to Sec. 25.155, in which case it will
be dismissed with prejudice.
(d) An application will be dismissed without prejudice as a matter
of right if the applicant requests its dismissal prior to final
Commission action.

0
9. In Sec. 25.113, revise the section heading and paragraphs (f), (g),
and (h) and add paragraph (i) to read as follows:


Sec. 25.113 Station construction, deployment approval, and operation
of spare satellites.

* * * * *
(f) Construction permits are not required for U.S.-licensed space
stations, except for stations that the applicant proposes to operate to
disseminate program content to be received by the public at large,
rather than only by subscribers. Construction of a station for which a
construction permit is not required may commence, at the applicant's
own risk, prior to grant of a license.
(g) Except as set forth in paragraphs (h) and (i) of this section,
approval for orbital deployment and a station license (i.e., operating
authority) must be applied for and granted before a space station may
be deployed and operated in orbit. Approval for orbital deployment may
be requested in an application for a space station license. However, an
application for authority to deploy and operate an on-ground spare
satellite will be considered pursuant to the following procedures:
(1) Applications for deployment and operation of an on-ground spare
NGSO-like satellite will be considered pursuant to the procedures set
forth in Sec. 25.157, except as provided in paragraph (g)(3) of this
section.
(2) Applications for deployment and operation of an on-ground spare
GSO-like satellite will be considered pursuant to the procedures set
forth in Sec. 25.158, except as provided in paragraph (g)(3) of this
section.
(3) Neither paragraph (g)(1) nor (g)(2) of this section will apply
in cases where the space station to be deployed is determined to be an
emergency replacement for a previously authorized space station that
has been lost as a result of a launch failure or a catastrophic in-
orbit failure.
(h) An operator of NGSO space stations under a blanket license
granted by the Commission need not apply for license modification to
operate technically identical in-orbit spare satellites in an
authorized orbit. However, the licensee must notify the Commission
within 30 days of bringing an in-orbit spare into service and certify
that its activation has not exceeded the number of space stations
authorized to provide service and that the licensee has determined by
measurement that the activated spare is operating within the terms of
the license.
(i) An operator of NGSO space stations under a blanket license
granted by the Commission need not apply for license modification to
deploy and operate technically identical replacement satellites in an
authorized orbit within the term of the system authorization. However,
the licensee must notify the Commission of the intended launch at least
30 days in advance and certify that its operation of the additional
space station(s) will not increase the number of space stations
providing service above the maximum number specified in the license.

0
10. In Sec. 25.114, revise paragraphs (a), (b), (c)(4)(vi)(D),
(c)(13), (d)(10), and (d)(15)(i), (iii), and (iv) to read as follows:


Sec. 25.114 Applications for space station authorizations.

(a)(1) A license application filed pursuant to Sec. 25.110(b)(2)
for a GSO space station or NGSO space station or space-station
constellation must comprise a comprehensive proposal and must be
submitted on FCC Form 312, Main Form and Schedule S, with attached
exhibits required by paragraph (d) of this section.
(2) An application for blanket authority for an NGSO constellation
of space stations that are not all technically identical must provide
the information required by paragraphs (c) and (d) of this section for
each type of station in the constellation.
(3) For an application filed pursuant to the two-step procedure in
Sec. 25.110(b)(3), the filing pursuant to Sec. 25.110(b)(3)(iii) 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.
(b) Each application for a new or modified space station
authorization must contain the formal waiver required by 47 U.S.C. 304.
(c) * * *
(4) * * *
(vi) * * *
(D) For a space station with steerable beams that are not
shapeable, specify the applicable contours, as defined in
paragraph(c)(4)(vi)(A) or (c)(4)(vi)(B) of this section, with a
description of a proposed coverage area for each steerable beam or
provide the contour information described in paragraph (c)(4)(vi)(C) of
this section for each steerable beam.
* * * * *
(13) And the polarization information necessary to determine
compliance with Sec. 25.210(i).
* * * * *
(d) * * *
(10) An application for space station authorization in the 1.6/2.4
GHz or 2

[[Page 55327]]

GHz Mobile-Satellite Service must include information required by Sec.
25.143(b);
* * * * *
(15) * * *
(i) If the applicant proposes to operate in the 17.3-17.7 GHz
frequency band, a demonstration that the proposed space station will
comply with the power flux density limits in Sec. 25.208(w) unless the
applicant provides a certification under paragraph (d)(15)(ii) of this
section.
* * * * *
(iii) If the applicant proposes to provide international service in
the 17.7-17.8 GHz frequency band, a certification that the proposed
space station will comply with the power flux density limits in Sec.
25.208(c).
(iv) Any information required by Sec. Sec. 25.264(a)(6),
25.264(b)(4), or 25.264(d).
* * * * *


Sec. 25.115 [Amended]

0
11. Amend Sec. 25.115 as follows:
0
a. Revise the section heading;
0
b. Revise paragraph (a)(2) introductory text and paragraphs (a)(2)(iii)
through (vii);
0
c. Remove paragraphs (a)(2)(viii) and (ix);
0
d. Revise paragraph (c)(1), paragraph (c)(2) introductory text, and
paragraph (c)(2)(i) introductory text;
0
e. Add paragraph (c)(3);
0
f. Remove the word ``CSAT'' and ``(CSATs)'' each place they appear in
paragraph (c);
0
g. Revise paragraph (e);
0
h. Revise the second sentence in paragraph (f);
0
i. Revise paragraph (g) introductory text, and paragraphs (g)(1) and
(2);
0
j. Remove and reserve paragraph (h); and
0
k. Revise paragraphs (i) and (k).


Sec. 25.115 Applications for earth station authorizations.

(a) * * *
(2) Applicants for licenses for transmitting earth stations in the
FSS may file on FCC Form 312EZ if all of the following criteria are
met:
* * * * *
(iii) The application meets all relevant criteria in Sec. Sec.
25.211 or 25.212 or includes information filed pursuant to paragraph
(g)(1) of this section indicating that off-axis EIRP density from the
proposed earth stations will not exceed relevant levels specified in
Sec. Sec. 25.138(a) or 25.218;
(iv) Operation of the proposed station has been successfully
coordinated with terrestrial systems, if the station would transmit in
the 5925-6425 MHz band;
(v) The application includes an environmental impact statement
pursuant to Sec. 1.1311 of this chapter, if required;
(vi) The applicant does not propose to communicate via non-U.S.-
licensed space stations not on the Permitted Space Station List; and
(vii) If the proposed station(s) will receive in the 18.3-18.8 GHz
and/or 19.7-20.2 GHz bands, the applicant proposes to communicate only
via satellites for which coordination has been completed pursuant to
Footnote US334 of the U.S. Table of Frequency Allocations with respect
to Federal Government systems authorized on a primary basis, under an
agreement previously approved by the Commission and the National
Telecommunications and Information Administration, and the applicant
certifies that it will operate consistently with the agreement.
* * * * *
(c)(1) Networks of earth stations operating in the 11.7-12.2 GHz
and 14.0-14.5 GHz bands with U.S.-licensed or non-U.S.-licensed space
stations for domestic or international services. Applications to
license networks of earth stations operating in any portion of the
11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating authority
may be filed on FCC Form 312 or Form 312EZ, with a Schedule B for each
large (5 meters or larger) hub station antenna and each representative
type of small antenna (less than 5 meters) operating within the
network.
(i) Applications to license networks of earth stations operating in
the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating
authority that meet the requirements of Sec. Sec. 25.212(c) or
25.218(e) or (f) will be routinely processed.
(ii) Applications to license networks of earth stations operating
in the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating
authority that do not meet the requirements of Sec. Sec. 25.212(c) or
25.218(e) or (f) must comply with the requirements in Sec. 25.220 and
must be filed on FCC Form 312 with a Schedule B for each large (5
meters or larger) hub station antenna and each representative type of
small antenna (less than 5 meters) operating within the network.
(c)(2) Networks of earth stations operating in the 3700-4200 MHz
and 5925-6425 MHz bands. Applications to license networks of earth
stations operating in the 3700-4200 MHz and 5925-6425 MHz bands must be
filed electronically on FCC Form 312, Main Form and Schedule B.
Applications will be routinely processed provided that frequency
coordination has been satisfactorily completed and that the proposed
earth stations comply with the applicable provisions in Sec. Sec.
25.211(d) or 25.212(d). Alternatively, applicants that have
satisfactorily completed frequency coordination may be routinely
processed if the proposed earth stations comply with the applicable
off-axis EIRP density limits in Sec. 25.218(c) or (d).
(i) For earth station antennas operating with power levels not
consistent with the applicable provisions in Sec. Sec. 25.211(d) or
25.212(d), or with EIRP density levels not consistent with those
specified in Sec. 25.218(c) or (d), the applicant must file an initial
lead application providing a detailed overview of the complete network.
Such lead applications must fully identify the scope and nature of the
service to be provided, as well as the complete technical details of
each representative type of antenna that will operate within the
network. Such lead applications for a single system must identify:
* * * * *
(c)(3) Networks of earth stations operating in the 18.3-18.8 GHz,
19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz bands with U.S.-
licensed or non-U.S.-licensed satellites for domestic or international
services.
(i) Applications to license networks of earth stations that will
transmit digitally modulated signals to GSO space stations in the
28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating
authority must be filed on FCC Form 312, or Form 312EZ if available,
with a Schedule B for each large (5 meters or larger) hub station
antenna and each representative type of small antenna (less than 5
meters) operating within the network and may be routinely processed if
the criteria in paragraphs (c)(3)(i)(A) and (B) of this section are
met:
(A) The applicant certifies pursuant to Sec. 25.132(a)(1) that the
off-axis gain of transmitting antennas in the network will not exceed
the relevant levels specified in Sec. 25.209(a) and (b) and the power
spectral density of any digitally modulated carrier into any
transmitting earth station antenna in the proposed network will not
exceed 3.5 dBW/MHz as specified in Sec. 25.212(e).
(B) The application includes information filed pursuant to
paragraph (g)(1) of this section indicating that off-axis EIRP density
from the proposed earth stations will not exceed relevant routine
levels specified in Sec. 25.138(a).
(ii) Applications to license networks of earth stations operating
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket
operating authority that

[[Page 55328]]

do not meet the requirements of Sec. Sec. 25.212(e) or 25.138(a) must
comply with the requirements in Sec. 25.220 and must be filed on FCC
Form 312 with a Schedule B for each large (5 meters or larger) hub
station antenna and each representative type of small antenna (less
than 5 meters) operating within the network.
* * * * *
(e) License applications for earth station operation in any portion
of the 18.3-20.2 GHz and 28.35-30.0 GHz bands not filed on FCC Form
312EZ pursuant to paragraph (a)(2) of this section must be filed on FCC
Form 312, Main Form and Schedule B, and must include any information
required by paragraph (g) or (j) of this section or by Sec. 25.130. An
applicant may request authority for operation of GSO FSS earth stations
in the conventional Ka-band, or for operation of NGSO FSS earth
stations in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 (Earth-to-
space) bands, without specifying the location of user terminals but
must specify the geographic area(s) in which they will operate and the
location of hub and/or gateway stations.
(f) * * * Applications for blanket authority to operate transceiver
units may be filed using FCC Form 312, Main Form and Schedule B. * * *
(g) Applications for earth stations that will transmit to GSO space
stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-
25.25 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz bands must include, in
addition to the particulars of operation identified on FCC Form 312 and
associated Schedule B, the information specified in either paragraph
(g)(1) or (g)(2) of this section for each earth station antenna type.
(1) Specification of off-axis EIRP density calculated from
measurements made consistent with the requirements in Sec.
25.132(b)(1), in accordance with the following requirements. For
purposes of this rule, the ``off-axis angle'' is the angle in degrees
from a line between an earth station antenna and the target satellite.
(i) A plot of maximum co-polarized EIRP density in the plane
tangent to the GSO arc at off-axis angles from minus 180[deg] to plus
180[deg];
(ii) A plot of maximum co-polarized EIRP density in the plane
tangent to the GSO arc at off-axis angles from minus 10[deg] to plus
10[deg];
(iii) A plot of maximum co-polarized EIRP density in the plane
perpendicular to the GSO arc at off-axis angles from 0[deg] to plus
30[deg];
(iv) A plot of maximum cross-polarized EIRP density in the plane
tangent to the GSO arc at off-axis angles from minus 7[deg] to plus
7[deg];
(v) A plot of maximum cross-polarized EIRP density in the plane
perpendicular to the GSO arc at off-axis angles from minus 7[deg] to
plus 7[deg];
(vi) For antennas for which gain measurements are made pursuant to
Sec. 25.132(b)(1)(iv), the EIRP density plots specified in paragraphs
(g)(1)(i) through (v) of this section must be provided over the
specified angular ranges in two orthogonal planes, one of which is
tangent to the GSO arc and with the antenna operating at its maximum
skew angle, which the applicant must specify.
(vii) The relevant off-axis EIRP density envelopes in Sec. Sec.
25.138, 25.218, 25.221, 25.222, 25.223, 25.226, or 25.227 must be
superimposed on plots submitted pursuant to paragraphs (g)(1)(i)
through (vi) of this section.
(viii) The showing must include a supplemental table for each off-
axis angular range in which the relevant EIRP density envelope will be
exceeded, specifying angular coordinates in degrees off-axis and
corresponding calculated off-axis EIRP density at 0.2[deg] increments
over the angular range in which the routine envelope will be exceeded
and one degree on each side of that range.
(2) An applicant that certifies pursuant to Sec. 25.132(a)(1) that
a proposed antenna's measured gain pattern conforms to relevant
standards in Sec. 25.209(a) and (b) and that input power density to
the antenna will not exceed the relevant limit in Sec. Sec. 25.211 or
25.212 need not provide a showing pursuant to paragraph (g)(1) of this
section for operation with that antenna.
(h) [Reserved]
(i) An earth station applicant filing an application for a blanket-
licensed earth station network made up of FSS earth stations and
planning to use a contention protocol must include in its application a
certification that its contention protocol usage will be reasonable.
* * * * *
(k)(1) Applicants for FSS earth stations that qualify for routine
processing in the conventional or extended C-bands, the conventional or
extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 GHz
band, including ESV applications filed pursuant to Sec. 25.222(a)(1)
or (a)(3), VMES applications filed pursuant to Sec. 25.226(a)(1) or
(a)(3), and ESAA applications filed pursuant to Sec. 25.227(a)(1) or
(a)(3), may designate the Permitted Space Station List as a point of
communication. Once such an application is granted, the earth station
operator may communicate with any space station on the Permitted Space
Station List, provided that the operation is consistent with the
technical parameters and conditions in the earth station license and
any limitations placed on the space station authorization or noted in
the Permitted Space Station List.
(2) Notwithstanding paragraph (k)(1) of this section, the operator
of an earth station that qualifies for routine processing in the
conventional Ka-band may not communicate with a space station on the
Permitted Space Station List in the 18.3-18.8 GHz or 19.7-20.2 GHz band
until the space station operator has completed coordination under
Footnote US334 to Sec. 2.106 of this chapter.

0
12. In Sec. 25.117, add paragraph (h) to read as follows:


Sec. 25.117 Modification of station license.

* * * * *
(h) Unless otherwise ordered by the Commission, an application for
any of the following kinds of modification of the operation of a GSO
space station will be deemed granted 35 days after the date of the
public notice that the application has been accepted for filing,
provided no objection is filed during the 30-day notice period and the
application does not propose a change that would be inconsistent with a
Commission rule or require modification of the BSS plan in Appendix 30
or the associated feeder-link Plan in Appendix 30A of the ITU Radio
Regulations (both incorporated by reference, see Sec. 25.108).
(1) Relocation of a DBS or GSO FSS space station by no more than
0.15[deg] from the initially authorized orbital location, provided the
application includes a signed certification that:
(i) The space station operator has assessed and limited the
probability of the satellite becoming a source of debris as a result of
collisions with large debris or other operational satellites at the new
orbital location; and
(ii) The proposed station-keeping volume of the satellite following
relocation will not overlap a station-keeping volume reasonably
expected to be occupied by any other satellite, including those
authorized by the Commission, applied for and pending before the
Commission, or otherwise the subject of an ITU filing and either in
orbit or progressing towards launch.
(2) Repositioning one or more antenna beams by no more than 0.3
angular degrees from a line between the space station and the initially
authorized boresight location(s).

[[Page 55329]]


0
13. In Sec. 25.118, revise paragraphs (a), (b), and (e) to read as
follows:


Sec. 25.118 Modifications not requiring prior authorization.

(a) Earth station modifications, notification required. Earth
station licensees may make the following modifications without prior
Commission authorization, provided they notify the Commission, using
FCC Form 312 and Schedule B, within 30 days of the modification. The
notification must be filed electronically through the International
Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter.
(1) Blanket-licensed earth station operators may add remote
terminals operating on a primary basis without prior authorization,
provided they have complied with all applicable frequency coordination
procedures in accordance with Sec. 25.251.
(2) A licensee providing service on a private carrier basis may
change its operations to common carrier status without obtaining prior
Commission authorization. The licensee must notify the Commission using
FCC Form 312 within 30 days after the completed change to common
carrier status.
(3) An earth station operator may change a point of communication
without prior authorization, provided the operator does not repoint the
earth station's antenna beyond any coordinated range; and
(i) The change results from a space station relocation described in
paragraph (e) of this section, or
(ii) The new point of communication is a replacement GSO space
station within 0.15[deg] of orbital longitude of the same
location, with authority to serve the U.S., and the change does not
entail any increase in the earth station's EIRP or EIRP density.
(4) Licensees may make other changes to their authorized earth
stations without prior authority from the Commission, provided the
modification does not involve:
(i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
(ii) Additional operating frequencies;
(iii) A change in polarization;
(iv) An increase in antenna height;
(v) Antenna repointing beyond any coordinated range or
(vi) A change from the originally authorized coordinates of more
than 1 second in latitude or longitude for stations operating in
frequency bands shared with terrestrial systems or more than 10 seconds
of latitude or longitude for stations operating in frequency bands not
shared with terrestrial systems.
(b) Earth station modifications, notification not required.
Notwithstanding paragraph (a) of this section, equipment in an
authorized earth station may be replaced without prior authorization
and without notifying the Commission if the new equipment is
electrically identical to the existing equipment.
* * * * *
(e) Relocation of GSO space stations. A space station licensee may
relocate a GSO space station without prior authorization, but upon 30
days prior notice to the Commission and any potentially affected
licensed spectrum user, provided that the operator meets the following
requirements. The notification must be filed electronically on FCC Form
312 through the International Bureau Filing System (IBFS) in accordance
with the applicable provisions of part 1, subpart Y of this chapter:
(1) The space station will be relocated to a position within 0.15[deg] of an orbital location assigned to the same licensee.
(2) The licensee certifies that the space station will operate
after the relocation within the technical parameters authorized and
coordinated for the space station previously assigned to that location.
(3) The licensee certifies that it will comply with all the
conditions of its license for operation at the changed location.
(4) The licensee certifies that it will limit operations of the
space station to tracking, telemetry, and command functions during the
relocation and satellite drift transition period.
(5) The licensee certifies that:
(i) It has assessed and limited the probability of the satellite
becoming a source of debris as a result of collisions with large debris
or other operational satellites at the new orbital location; and
(ii) The proposed station-keeping volume of the satellite following
relocation will not overlap a station-keeping volume reasonably
expected to be occupied by any other satellite, including those
authorized by the Commission, applied for and pending before the
Commission, or otherwise the subject of an ITU filing and either in
orbit or progressing towards launch.
(6) The licensee certifies that the relocation will not result in a
lapse of service for any current customer.
(7) If the space station to be relocated is a DBS space station,
the licensee certifies that there will be no increase in interference
due to the operations of the relocated space station that would require
the Commission to submit a proposed modification to the ITU Appendix 30
Broadcasting-Satellite Service Plan and/or the Appendix 30A feeder-link
Plan (both incorporated by reference, see Sec. 25.108) to the ITU
Radiocommunication Bureau. A DBS licensee that meets this certification
requirement is not subject to the requirements in paragraph (e)(2) of
this section.
(8) If the space station to be relocated is a DBS space station,
the licensee certifies that it will meet the geographic service
requirements in Sec. 25.148(c) after the relocation.
* * * * *

0
14. In Sec. 25.119, revise paragraph (a) and add paragraphs (h), (i),
and (j) to read as follows:


Sec. 25.119 Assignment or transfer of control of station
authorization.

(a) You must file an application for Commission authorization
before you can transfer, assign, dispose of (voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity) your construction permit or station
license, or accompanying rights, except as provided in paragraph (h) of
this section. The Commission will grant your application only if it
finds that doing so will serve the public interest, convenience, and
necessity.
* * * * *
(h) Pro forma transactions involving a telecommunications carrier.
You do not need prior Commission approval for a non-substantial (pro
forma) transfer of control or assignment of license involving a
telecommunications carrier, as defined in 47 U.S.C. 153(51). However,
the pro forma transferee or assignee must file a notification with the
Commission no later than 30 days after the transfer or assignment is
completed. The notification must be filed on FCC Form 312, Main Form
and Schedule A and must contain a certification that the transfer of
control or assignment was pro forma and that, together with all
previous pro forma transactions, it did not result in a change in the
actual controlling party.
(i) Pro forma transactions not involving a telecommunications
carrier. A complete application for Commission approval of a non-
substantial (pro forma) transfer of control or assignment of license
not involving a telecommunications carrier, as defined in 47 U.S.C.
153(51), will be deemed granted one business day after filing, provided
that:
(1) Approval does not require a waiver of, or a declaratory ruling
pertaining to, any applicable Commission rule; and

[[Page 55330]]

(2) The application includes a certification that the proposed
transfer of control or assignment is pro forma and that, together with
all previous pro forma transactions, it would not result in a change in
the actual controlling party.
(j) Receive-only earth station registrations. You do not need prior
Commission approval for a transfer of control or assignment of a
receive-only earth station registration. For all such transactions
other than non-substantial (pro forma) transfers of control, the
transferee or assignee must file a notification with the Commission on
FCC Form 312, Main Form and Schedule A no later than 30 days after the
transfer or assignment is completed. No notification is required for a
pro forma transfer of control of a receive-only earth station
registrant.

0
15. In Sec. 25.129, revise paragraph (c) to read as follows:


Sec. 25.129 Equipment authorization for portable earth-station
transceivers.

* * * * *
(c) In addition to the information required by Sec. Sec. 1.1307(b)
and 2.1033(c) of this chapter, applicants for certification required by
this section must submit any additional equipment test data necessary
to demonstrate compliance with pertinent standards for transmitter
performance prescribed in Sec. Sec. 25.138, 25.202(f), and 25.216,
must submit the statements required by Sec. 2.1093(c) of this chapter,
and must demonstrate compliance with the labeling requirement in Sec.
25.285(b).
* * * * *

0
16. In Sec. 25.130, revise paragraph (b), (g) introductory text, and
the note to paragraph (g) to read as follows:


Sec. 25.130 Filing requirements for transmitting earth stations.

* * * * *
(b) A frequency coordination analysis in accordance with Sec.
25.203(b) must be provided for earth stations transmitting in the
frequency bands shared with equal rights between terrestrial and space
services, except applications for user transceiver units associated
with the NVNG MSS, which must instead provide the information required
by Sec. 25.135, and applications for 1.6/2.4 GHz MSS user
transceivers, which must demonstrate that the transceivers will operate
in compliance with relevant requirements in Sec. 25.213. Also,
applications for transmitting earth stations must include any
notification or demonstration required by any other relevant provision
in Sec. 25.203.
* * * * *
(g) Parties may apply, either in an initial application or an
application for modification of license, for operating authority for
multiple transmitting FSS earth stations that are not eligible for
blanket or network licensing under another section of this part in the
following circumstances:
* * * * *

Note to paragraph (g): This paragraph does not apply to
applications for blanket-licensed earth station networks filed
pursuant to Sec. Sec. 25.115(c) or 25.218; applications for
conventional Ka-band hub stations filed pursuant to Sec. 25.115(e);
applications for NGSO FSS gateway earth stations filed pursuant to
Sec. 25.115(f); applications filed pursuant to Sec. Sec. 25.221,
25.222, 25.226, or 25.227; or applications for 29 GHz NGSO MSS
feeder-link stations in a complex as defined in Sec. 25.257.


0
17. In Sec. 25.131, revise paragraphs (b) and (j)(2) to read as
follows:


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

* * * * *
(b) Receive-only earth stations in the FSS that operate with U.S.-
licensed space stations, or with non-U.S.-licensed space stations that
have been duly approved for U.S. market access, 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 Sec. Sec. 25.203
and 25.251, subject to the stricture in Sec. 25.209(c).
* * * * *
(j) * * *
(2) Operators of receive-only earth stations need not apply for a
license to receive transmissions from non-U.S.-licensed space stations
that have been duly approved for U.S. market access, provided the space
station operator and earth station operator comply with all applicable
rules in this chapter and with applicable conditions in the Permitted
Space Station List or market-access grant.

0
18. In Sec. 25.132, revise the section heading and paragraphs (a) and
(b) to read as follows:


Sec. 25.132 Verification of earth station antenna performance.

(a)(1) Except as provided in paragraph (a)(2) of this section,
applications for transmitting earth stations in the FSS, including
feeder-link stations, must include a certification that the applicant
has reviewed the results of a series of radiation pattern tests
performed by the antenna manufacturer on representative equipment in
representative configurations, and the test results demonstrate that
the equipment meets relevant off-axis gain standards in Sec. 25.209,
measured in accordance with paragraph (b)(1) of this section.
Applicants and licensees must be prepared to submit the radiation
pattern measurements to the Commission on request.
(2) Applicants that specify off-axis EIRP density pursuant to Sec.
25.115(g)(1) are exempt from the certification requirement in paragraph
(a)(1) of this section.
(b)(1) For purposes of paragraph (a)(1) of this section and Sec.
25.115(g)(1), the following measurements on a production antenna
performed on calibrated antenna range must be made at the top and
bottom of each frequency band assigned for uplink transmission:
(i)(A) Co-polarized gain in the azimuth plane must be measured
across a range extending to 180[deg] on each side of the main-lobe
axis, and the measurements must be represented in two plots: one across
the entire angular range of 180[deg] from the main-lobe
axis and the other across 10[deg] from the main-lobe axis.
(B) Co-polarized gain must be measured from 0[deg] to 30[deg] from
beam peak in the elevation plane.
(ii) Cross-polarization gain must be measured across a range of
plus and minus 7[deg] from beam peak in the azimuth and elevation
planes.
(iii) Main beam gain.
(iv) For antennas with asymmetric apertures or beams, where the
minor axis of the antenna beam (major axis of the antenna aperture)
will not always be aligned parallel to the plane tangent to the GSO
arc, the measurements in paragraphs (b)(1)(i) through (iii) of this
section must be made over the angular ranges specified in paragraphs
(b)(1)(i)(A) and (B) of this section in two orthogonal planes, with the
antenna oriented at the maximum skew angle at which it will operate.
(2) The relevant envelope specified in Sec. 25.209 must be
superimposed on each measured pattern.
* * * * *

0
19. In Sec. 25.133, revise paragraphs (a)(2), (b)(1)(v) and (vi), and
(b)(2) to read as follows and remove and reserve paragraph (c):


Sec. 25.133 Period of construction; certification of commencement of
operation.

(a) * * *
(2) Operation of a network of earth stations at unspecified
locations under an initial blanket license must commence within 12
months from the date of the license grant unless the Commission orders
otherwise.
(b)(1) * * *

[[Page 55331]]

(v) A certification that the facility as authorized has been
completed and that each antenna has been tested and found to perform
within authorized gain patterns or off-axis EIRP density levels; and
(vi) The date when the earth station became operational.
* * * * *
(2) For FSS earth stations authorized under a blanket license, the
licensee must notify the Commission when the earth station network
commences operation. The notification should include the information
described in paragraphs (b)(1)(i) through (iv) of this section and a
certification that each hub antenna, and a type of antenna used in
remote stations in the network, has been tested and found to perform
within authorized gain patterns or off-axis EIRP density levels. For
any type of antenna whose performance was not certified when the
network commenced operation, the licensee must submit the information
and certification stated above for the antenna type when it is first
deployed.
(c) [Reserved]
* * * * *


Sec. 25.134 [Removed and Reserved]

0
20. Remove and reserve Sec. 25.134.

0
21. In Sec. 25.137, revise the section heading, paragraph (a)
introductory text, paragraph (d) introductory text, and paragraphs
(d)(4), (d)(5), (e), and (f) to read as follows:


Sec. 25.137 Requests for U.S. market access through non-U.S.-licensed
space stations.

(a) Earth station applicants requesting authority to communicate
with a non-U.S.-licensed space station and entities filing a petition
for declaratory ruling to access the United States market using a non-
U.S.-licensed space station must attach an exhibit with their FCC Form
312 demonstrating that U.S.-licensed satellite systems have effective
competitive opportunities to provide analogous services in:
* * * * *
(d) Earth station applicants requesting authority to communicate
with a non-U.S.-licensed space station and entities filing a petition
for declaratory ruling to access the United States market must
demonstrate that the non-U.S.-licensed space station has complied with
all applicable Commission requirements for non-U.S.-licensed systems to
operate in the United States, including but not limited to the
following:
* * * * *
(4) The surety bond requirement in Sec. 25.165, for non-U.S.-
licensed space stations that are not in orbit and operating.
(5) Recipients of U.S. market access for NGSO-like satellite
operation that have one market access request on file with the
Commission in a particular frequency band, or one granted market access
request for an unbuilt NGSO-like system in a particular frequency band,
will not be permitted to request access to the U.S. market through
another NGSO-like system in that frequency band.
(e) An entity requesting access to the United States market through
a non-U.S.-licensed space station pursuant to a petition for
declaratory ruling may amend its request by submitting an additional
petition for declaratory ruling. Such additional petitions will be
treated on the same basis as amendments filed by U.S. space station
applicants for purposes of determining the order in which the petitions
will be considered relative to pending applications and petitions.
(f) A non-U.S.-licensed space station operator that has been
granted access to the United States market pursuant to a declaratory
ruling may modify its U.S. operations under the procedures set forth in
Sec. Sec. 25.117(d) and (h) and 25.118(e).
* * * * *

0
22. In Sec. 25.138, revise the section heading, paragraph (a)
introductory text, and paragraphs (a)(1) through (a)(4); add paragraph
(a)(5) and revise paragraph (b); remove and reserve paragraphs (c),
(d), and (e); and remove paragraph (g) to read as follows.


Sec. 25.138 Licensing requirements for GSO FSS earth stations in the
conventional Ka-band.

(a) Applications for earth station licenses in the GSO FSS in the
conventional Ka-band that indicate that the following requirements will
be met and include the information required by relevant provisions in
Sec. Sec. 25.115 and 25.130 may be routinely processed:
(1) The EIRP density of co-polarized signals in the plane tangent
to the GSO arc, as defined in Sec. 25.103, will not exceed the
following values under clear sky conditions:

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32.5-25log([thgr])...................... dBW/MHz for 2.0[deg]