Satellite Application and Licensing Procedures

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 95-117; FCC 95-285]

Satellite Application and Licensing Procedures

AGENCY: Federal Communications Commission.

[[Page 46253]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission has proposed rules and policies to streamline

application and licensing requirements for satellite space and earth

stations under the commission's rules regarding satellite

communications. Among other things, this document proposes to waive the

construction permit requirement for satellite space stations and modify

the license term for temporary fixed earth stations and the

implementation period for Very Small Aperture Terminal (``VSAT'') earth

stations. The item also proposes amendments concerning minor

modifications for earth stations, inclined orbit operations of space

stations, and application and licensing forms. Comments are requested

on all aspects of the proposals.

DATES: Comments must be submitted on or before October 4, 1995; reply

comments must be submitted on or before October 25, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Paula Ford, International Bureau, Satellite Policy Branch, (202) 739-

0733; Frank Peace, International Bureau, Satellite Engineering Branch,

(202) 739-0513; Kathleen Campbell, International Bureau, Satellite

Policy Branch, (202) 739-0729.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rulemaking in IB Docket No. 95-117; FCC 95-285, adopted

July 13, 1995 and released August 11, 1995. The complete text of this

Notice of Proposed Rulemaking is available for inspection and copying

during normal business hours in the FCC Reference Center (Room 239),

1919 M Street, NW., Washington, DC and also may be purchased from the

Commissions's copy contractor, International Transcription Service,

(202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.

The following collection of information contained in the Notice has

been submitted to the Office of Management and Budget for review under

Section 3507(d) of the Paperwork Reduction Act (44 U.S.C. 3507(d)). For

copies of the submissions contact Dorothy Conway at (202) 418-0217 or

access our fax on demand system at 202-418-0177 from the handset on

your fax machine and using the document retrieval number 6000000.

Persons wishing to comment on this collection of information should

direct their comments to Timothy Fain (202) 395-3561, Office of

Management and Budget, Room 3235 NEOB, Washington, DC 20503.

Specifically, the Commission requests that parties provide comments on:

(1) The necessity of the proposed collection of information for the

proper performance of the functions of the agency, including whether

the information has practical utility; (2) the accuracy of the agency's

estimates of the burden of the proposed collection of information; (3)

enhancing the quality, utility, and clarity of the information to be

collected; and (4) minimizing the burden of the collection of

information on parties responding. Comments must be filed with the

Office of Management and Budget within sixty days of publication of

this summary in the Federal Register. A copy of any comments filed with

the Office of Management and Budget should also be sent to the

following address at the Commission: Federal Communications Commission,

Records Management Division, Room 234, Paperwork Reduction Project,

Washington, DC 20554. For further information contract Judy Boley,

(202) 418-0210.

Title: In the Matter of Streamlining the Commission's Rules and

Regulations for Satellite Application and Licensing Procedures.

Action: Proposed new and revised collection.

Affected Public/Respondents: Businesses or other for profit,

including small businesses.

Frequency of Response: On occasion, annually.

Reporting Requirements

------------------------------------------------------------------------

No. of Hours per Total annual

Proposed sections respondents response reporting hours

------------------------------------------------------------------------

Space Stations:

25.113, 25.114,

25.140, 25.210,

25.280, 25.300....... 125 9.5 1,187.5

Earth Stations:

25.115, 25.118,

25.134, 25.277,

25.300............... 500 2.5 1,250

Proposed FCC Form 312

(used by both space

and earth stations).. 300 4 1,200

Information for

Adjacent Satellite

Interference Analysis

Database............. 50 24 * 1,200

------------------------------------------------------------------------

* Represents the hours for the periodic reporting of information. We

propose to collect the information whenever there is a new processing

round. The 1,200 figure represents reporting hours for the year in

which information is collected.

Needs and Uses: In accordance with the Communications Act, the

information collected will be used by the Commission in granting

various authorizations and determining the technical, legal, and

financial qualifications of a satellite applicant or licensee.

As required by Section 603 of the Regulatory Flexibility Act, the

Commission has prepared an Initial Regulatory Flexibility Analysis

(IRFA) of the expected impact on small entities of the proposals

suggested in this document.

Summary of Notice of Proposed Rulemaking

In light of the evolving satellite technology, the Commission

commenced a review of its operations in order to eliminate outdated

regulations and unnecessary burdens that impede the introduction of

satellite services to the public and the efficient processing of

satellite applications and licenses. As a result of this review, the

Commission created the International Bureau. Soon after its creation,

the new International Bureau held a roundtable discussion in February

with representatives of industry and members of the public to solicit

suggestions on ways to improve satellite application and licensing

policies and procedures. Many of the recommendations made during that

roundtable discussion have been incorporated in this Notice of Proposed

Rulemaking.

The proposals amend or eliminate existing requirements, and codify

in Part 25 of the Commission's rules, various technical and procedural

policies and guidelines that have not yet been specifically codified.

Among other things, the Notice proposes to waive the construction

permit requirement for satellite space stations; increase the license

term, from one year to ten years, for temporary fixed earth stations

operating in the C-band; eliminate the four year implementation period

for VSATs allowing VSAT licensees to construct their network over the

course

[[Page 46254]]

of their ten year license term; eliminate the annual reporting

requirement for VSATs; simplify the earth and space station application

process by revising and consolidating FCC Forms 430, 493, 702, and 704;

eliminate redundant reporting requirements for earth and space

stations; allow earth station operators to make minor technical

modifications to their stations without prior authorization from the

Commission; and allow satellites to operate in inclined orbits without

prior authorization from the Commission.

Given the large outlay of capital and long-term planning necessary

to establish satellite systems, it is necessary to ensure that

potential applicants and service providers are not hampered by

unnecessary and sometimes redundant regulations. The proposed

amendments recognize the need of the satellite industry to operate in

an environment defined by growth, innovation, efficiency, and

competition. Comments are requested on all aspects of these proposals.

Specific proposals and recommendations are requested for any additional

streamlining rule changes.

Ordering Clauses

Accordingly, It is Ordered that pursuant to the authority contained

in Sections 4(i) and 303 of the Communications Act of 1934, as amended,

47 U.S.C. Secs. (4)(i) and 303, NOTICE IS HEREBY GIVEN of our intent to

adopt the rule revisions set forth below and the proposed form set

forth below.

It is Further Ordered that the Secretary shall send a copy of this

Notice of Proposed Rulemaking, including the Initial Regulatory,

Flexibility Analysis, to the Chief Counsel for Advocacy of the Small

Business Administration in accordance with paragraph 603(a) of the

Regulatory Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5

U.S.C. Sec. 601 et seq (1981).

Administrative Matters

This is a non-restricted notice and comment rulemaking proceeding.

Ex parte presentations are permitted, except during the Sunshine Agenda

period, provided they are disclosed as provided in the Commission's

rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a). The Sunshine

Agenda period is the period of time that commences with the release of

public notice that a matter has been placed on the Sunshine Agenda and

terminates when the Commission (1) releases the text of a decision or

order in the matter; (2) issues a public notice stating that the matter

has been deleted from the Sunshine Agenda; or (3) issues a public

notice stating that the matter has been returned to the staff for

further consideration, whichever occurs first. 47 CFR 1.1202(f). During

the Sunshine Agenda period, no presentations, ex parte or otherwise,

are permitted unless specifically exempted. 47 CFR 1.1203.

Pursuant to applicable procedures set forth in Sections 1.415 and

1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested

parties may file comments on or before October 4, 1995 and reply

comments on or before October 25, 1995. To file formally in this

proceeding, you must file an original and five copies of all comments,

reply comments, and supporting comments. If you want each Commissioner

to receive a personal copy of your comments send additional copies to

Office of the Secretary, Federal Communications Commission, Washington,

DC 20554. Comments and reply comments will be available for public

inspection during regular business hours in the Federal Communications

Commission, Reference Center, Room 239, 1919 M Street, NW., Washington,

DC 20554. For further information concerning this rulemaking contact

Paula Ford at (202) 739-0733.

Initial Regulatory Flexibility Act Statement

As required by Section 603 of the Regulatory Flexibility Act, the

Commission has prepared an Initial Regulatory Flexibility Analysis

(``IRFA'') of the expected impact on small entities of the proposals

suggested in this document. The IRFA is set forth in Appendix A.

Written public comments are requested on the IRFA. These comments must

be filed in accordance with the same filing deadlines as comments on

the rest of the Notice, but they must have a separate and distinct

heading designating them as responses to the Initial Regulatory

Flexibility Analysis.

List of Subjects in 47 CFR Part 25

Satellites.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Rules

Part 25 of Title 47 of the Code of Federal Regulations is proposed

to be amended as follows:

PART 25--SATELLITE COMMUNICATIONS

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

Authority: Sections 101-404, 76 Stat. 419-427; 47 U.S.C. 701-

744, Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or

applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.

2. Section 25.113 is amended by revising paragraphs (a) and (d) to

read as follows:

Sec. 25.113 Construction permits.

(a) Except as provided in paragraph (b) of this section or in

Sec. 25.131, construction permits must be obtained for all fixed or

temporary fixed earth stations governed by this part. Simultaneous

application for a construction permit and station license may be made

for all earth station facilities governed by this part.

* * * * *

(d) A launch authorization must be applied for and granted before a

space station may be launched and operated in orbit. Request for launch

authorization may be included in an application for space station

license. A launch authorizaiton and station license may also be

requested at any time for a space station constructed as an on-ground

spare satellite. However, an application for authority to launch and

operate an on-ground spare domestic satellite will be considered to be

a newly filed application for cut-off purposes, except where the space

station to be launched 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.

3. Section 25.114 is revised to read as follows:

Sec. 25.114 Applications for space station authorizations.

(a) A comprehensive proposal shall be submitted for each proposed

space station in narrative form with attached exhibits as described in

paragraph (c) of this section. If an applicant is proposing more than

one space station, information common to all space stations may be

submitted in a consolidated system proposal.

(b) Each application for a new or modified space station

authorization must constitute a concrete proposal for Commission

evaluation, although the applicant may propose altrnatives that

increase flexibility in accommodating the satellite in orbit. Each

application must also contain the formal waiver required by Section 304

of the Communications Act, 47 U.S.C. 304.

[[Page 46255]]

The technical information for a proposed satellite system need not be

filed on any prescribed form but should be complete in all pertinent

details. The format of the applications should conform to the

specifications of Sec. 1.49 of this chapter.

(c) The following information shall be contained in each

application:

(1) Name, address, and telephone number of the applicant.

(2) Name, address, and telephone number of the person(s), including

counsel, to whom inquiries or correspondence should be directed.

(3) Type of authorization requested (e.g., launch authority,

station license, modification of authorization).

(4) General description of overall system facilities, operations

and services.

(5) Radio frequencies and polarization plan (including beacon,

telemetry, and telecommand functions), center frequency and

polarization of transponders (both receiving and transmitting

frequencies), emission designators and allocated bandwidth of emission,

final amplifier output power (identify any net losses between output of

final amplifier and input of antenna and specify the maximum EIRP for

each antenna beam), identification of which antenna beams are connected

or switchable to each transponder and TT&C function, receiving system

noise temperature, the relationship between satellite receive antenna

gain pattern and gain-to-temperature ratio and saturation flux density

for each antenna beam (may be indicated on antenna gain plot), the gain

of each transponder channel (between output of receiving antenna and

input of transmitting antenna) including any adjustable gain step

capabilities, and predicted receiver and transmitter channel filter

response characteristics.

(6)(i) For satellites in geostationary-satellite orbit, orbital

location, or locations if alternatives are proposed, requested for the

satellite, the factors that support such an orbital assignment, the

range of orbital locations from which adequate service can be provided

and the basis for determining that range of orbital locations, and a

detailed explanation of all factors that would limit the orbital arc

over which the satellite could adequately serve its expected users.

(ii) For satellites in non-geostationary-satellite orbits, the

number of space stations and applicable information relating to the

number of orbital planes, the inclination of the orbital plane(s), the

orbital period, the apogee, the perigee, the argument(s) of perigee,

active service arc(s), and right ascension of the ascending node(s).

(iii) For 1.6/2.4 GHz Mobile-Satellite Service space stations, the

feeder link frequencies requested for the satellite, together with the

demonstration required by Sec. 25.203 (j) and (k).

(7) Predicted space station antenna gain contour(s) for each

transmit and each receive antenna beam and nominal orbital location

requested. These contour(s) should be plotted on an area map at 2 dB

intervals down to 10 dB below the peak value of the parameter and at 5

dB intervals between 10 dB and 10 dB below the peak values, with the

peak value and sense for polarization clearly specified on each plotted

contour.

(8) A description of the types of services to be provided, and the

areas to be served, including a description of the transmission

characteristics and performance objectives for each type of proposed

service, details of the link noise budget, typical or baseline earth

station parameters, modulation parameters, an overall link performance

analysis (including an analysis of the effects of each contributing

noise and interference source).

(9) For satellites in geostationary-satellite orbit, accuracy with

which the orbital inclination, the antenna axis attitude, and

longitudinal drift will be maintained.

(10) Calculation of power flux density levels within each coverage

area and of the energy dispersal, if any, needed for compliance with

Sec. 25.208.

(11) Arrangement for tracking, telemetry, and control.

(12) Physical characteristics of the space station including weight

and dimensions of spacecraft, detailed mass (on ground and in-orbit)

and power (beginning and end of life) budgets, and estimated

operational lifetime and reliability of the space station and the basis

for that estimate.

(13) Detailed information demonstrating the financial

qualifications of the applicant to construct and launch the proposed

satellites. Applications for domestic fixed-satellite systems and

mobile-satellite systems shall provide the financial information

required by Sec. 25.140 (b) through (e), Sec. 25.142(a)(4), or

Sec. 25.143(b)(3), as appropriate. Applications for international

satellite systems authorized pursuant to Establishing of Satellite

Systems Providing International Communications, 101 FCC 2d 1046 (1985),

recon., 61 RR 2d 649 (1986), further recon., 1 FCC Rcd 439 (1986)

(available at the Commission's Library in Washington, DC), shall

provide the information required by that decision.

(14) Qualifications of applicant. FCC Form 312, Main Form. If FCC

Form 312, Main Form, is already on file, indicate date, radio service

and file number of most recent filing.

(15) A clear and detailed statement of whether the space station is

to be operated on a common carrier basis, or whether noncommon carrier

transactions are proposed. If noncommon carrier transactions are

proposed, describe the nature of the transactions and specify the

number of transponders to be offered on a noncommon carrier basis.

(16) Dates by which construction will be commenced and completed,

launch date, and estimated date of placement into service.

(17) Public interest considerations in support of grant.

(18) Applications for authorizations for domestic fixed-satellite

space stations shall also include the information specified in

Sec. 25.140.

(19) Applications for international fixed-satellite authorizations

shall also provide all information necessary to comply with the

policies and procedures set forth in Establishing of Satellite Systems

Providing International Communications, 101 FCC 2d 1046 (1985)

(available at the Commission's Library in Washington, DC), as modified

by Permissible Services of U.S. license International Communications

Satellite Systems, Order, FCC 92-95 released April 8, 1992 (available

through the Commission's Public Reference Room in Washington, DC).

(20) Applications for authorizations in the Radiodetermination

Satellite Service shall also include the information specified in

Sec. 25.141.

(21) Applications for authorizations in the Mobile Satellite

Service in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also

provide all information necessary to comply with the policies and

procedures set forth in Rules and Policies Pertaining to the Use of

Radio Frequencies in a Land Mobile Satellite Service, 2 FCC Rcd 485

(1987) (available at the Commission's Library in Washington, DC).

(22) Applications to license multiple space station systems in the

non-voice, non-geostationary mobile-satellite service under blanket

operating authority shall also provide all information specified in

Sec. 25.142.

(23) Applications for authorizations in the 1.6/2.4 GHz Mobile-

Satellite Service shall also provide all information specified in

Sec. 25.143.

[[Page 46256]]

(d) Applicants requesting authority to construct and/or launch a

system comprised of technically identical, non-geostationary satellite

orbit mobile-satellite service space stations may file a single

``blanket'' application containing the information specified in

paragraph (c) of this section for each representative space station.

4. Section 25.115 is amended by revising paragraphs (a), (b), and

(c)(1), (c)(2) and (d) to read as follows:

Sec. 25.115 Application for earth station authorizations.

(a) Transmitting earth stations. Except as provided under

Sec. 25.113(b), Commission authorization must be obtained for authority

to construct and/or operate a transmitting earth station. Applications

shall be filed on FCC Form 312, Main Form and Schedule C, and include

the information specified in Sec. 25.130.

(b) Receive-only earth stations. Applications to license or

register receive only earth stations shall be filed on FCC Form 312,

Main Form and Schedule C, and conform to the provisions of Sec. 25.131.

(c) * * *

(1) An FCC Form 312, Main Form and Schedule B, for each large (5

meters or larger) hub station operating with the network,

(2) An FCC Form 312, Main Form and Schedule B, for each

representative type of small antenna (less than 5 meters).

* * * * *

(d) User transceivers in the non-voice, non-geostationary mobile-

satellite service need not be individually licensed. Service vendors

may file blanket applications for transceivers units using FCC Form

312, Main Form and Schedule C, and specifying the number of units to be

covered by the blanket license. Each application for a blanket license

under this section shall include the information described in

Sec. 25.135.

5. Section 25.117 is amended by revising the first sentence of

paragraph (a) to read as follows:

Sec. 25.117 Modification of station license.

(a) Except as provided for in Sec. 25.118 (Modifications not

requiring prior authorization), no modification of a radio station

governed by this part which affects the parameters or terms and

conditions of the station authorization shall be made except upon

application to and grant of such application by the Commission. * * *

* * * * *

6. Section 25.118 through 25.120 are redesignated as Secs. 25.119

through 25.121, respectively.

7. A new Sec. 25.118 is added to read as follows:

Sec. 25.118 Modifications not requiring prior authorization.

(a) Equipment in an authorized earth station may be replaced

without prior authorization or notification if the replacement

equipment is electrically identical to the replaced equipment.

(b) A licensee providing service on a private carrier basis may

change its operations to common carrier status without obtaining prior

Commission authorization by notifying the Commission by letter within

30 days after the completed change to common carrier status.

(c) Earth station licensees may make facility changes without

obtaining prior Commission authorization, by notifying the Commission

by letter within 30 days after the modification is completed, if

frequency coordination procedures, as necessary, are complied with in

accordance with Sec. 25.251, and the modification does not involve:

(1) An increase in EIRP or EIRP density;

(2) An increase in transmitter power;

(3) A change in coordinates for stations operating in C-Band;

(4) A change in coordinates of 10 seconds or greater for stations

operating in Kuband;

(5) A change or addition to antenna facilities.

8. The newly designated Sec. 25.119 is amended by revising the

first sentences of paragraph (c) and (d) and the last sentence of

paragraph (f) to read as follows:

Sec. 25.119 Assignment or transfer of control of station

authorization.

* * * * *

(c) Assignment of license. FCC Form 312, Main Form and Schedule A,

shall be submitted to assign voluntarily (as by, for example, contract

or other agreement) or involuntarily (as by, for example, death,

bankruptcy, or legal disability) the station authorization. * * *

(d) Transfer of control of corporation holding license. FCC Form

312, Main Form and Schedule A, shall be submitted in order to transfer

voluntarily or involuntarily (de jure or de facto) control of a

corporation holding any licenses. * * *

* * * * *

(f) * * * Within 30 days of consummation, the Commission shall be

notified by letter of the date of consummation and the file numbers of

the applications involved in the transaction.

9. The newly designated Sec. 25.120 is amended by revising the last

sentence of paragraph (a) to read as follows:

Sec. 25.120 Application for special temporary authorization.

(a) * * * A copy of the request for special temporary authority

also shall be forwarded to the Commission's Columbia Operations Center

in Columbia, Maryland.

* * * * *

10. The newly designated Sec. 25.121 is amended by revising

paragraph (a) to read as follows:

Sec. 25.121 License term and renewals.

(a) License term. Licenses for facilities governed by this part

will be issued for a period of 10 years.

* * * * *

11. Section 25.130 is amended by revising paragraph (a) to read as

follows:

Sec. 25.130 Filing requirements for transmitting earth stations.

(a) Application for a new or modified transmitting earth station

facility shall be submitted on FCC Form 312, Main Form and Schedule C,

accompanied by any required exhibits.

* * * * *

12. Section 25.131 is amended by revising paragraphs (a), (d), and

(j) to read as follows:

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

(a) Except as provided in paragraphs (b) and (j) of this section,

applications for a license for a receive-only earth station shall be

submitted on FCC Form 312, Main Form and Schedule C, accompanied by any

required exhibits.

* * * * *

(d) Applications for registration shall be filed on FCC Form 312,

Main Form and Schedule C, accompanied by the coordination exhibit

required by 25.203, and any other required exhibits. Any application

that is deficient or incomplete in any respect shall be immediately

returned to the applicant without processing.

* * * * *

(j) Receive-only earth stations operating with (1) INTELSAT space

stations, (2) international space stations, or (3) U.S. domestic and

non-U.S. space stations for reception of services from other countries,

shall file an FCC Form 312, Main Form and Schedule C, requesting a

license for such station. Receive-only earth stations used to receive

INTELNET I services from INTELSAT space stations need not file for

licenses. See Deregulation of Receive-Only Satellite Earth Stations

Operating with the INTELSAT Global

[[Page 46257]]

Communications Satellite System, Declaratory Ruling, RM No. 4845, FCC

86-214 (released May 19, 1986) (available through the Commission's

Reference Center in Washington, D.C.).

13. Section 25.134 is amended by revising the first sentences of

paragraphs (a) and (b) and adding paragraph (d) to read as follows:

Sec. 25.134 Licensing Provisions of Very Small Aperture Terminal

(VSAT) Networks.

(a) All applications for digital VSAT networks with maximum

outbound downlink EIRP densities of +6.0 dBW/4 kHz per carrier and

earth station antennas with maximum input power densities of -14 dBW/4

kHz and maximum hub EIRPs of 78.3 dBW will be processed routinely. * *

*

(b) Each applicant for digital and/or analog VSAT network

authorization proposing to use transmitted satellite carrier EIRP

densities in excess of +6.0 dBW/4 kHz per carrier and +13.0 dBW/4 kHz,

respectively, and/or maximum antenna input power densities of -14.0

dBW/4 kHz dBW and -8.0 dBW/4 kHz, respectively, shall conduct an

engineering analysis using the Sharp, Adjacent Satellite Interference

Analysis (ASIA) program. * * *

* * * * *

(d) An application for VSAT authorization shall be filed on FCC

Form 312. Main Form and Schedule B. A VSAT licensee applying to renew

its license must include on FCC Form 405, the number of constructed

VSAT units in its network.

14. Section 25.140 is revised to read as follows:

Sec. 25.140 Qualifications of domestic fixed-satellite space stations.

(a) Each applicant for a space station authorization in the

domestic fixed-satellite service must demonstrate, on the basis of the

documentation contained in its application, that it is legally,

financially, technically, and otherwise qualified to proceed

expeditiously with the construction, launch and/or operation of each

proposed space station facility immediately upon grant of the requested

authorization.

(b) Each applicant must provide the following information:

(1) The information specified in Sec. 25.114.

(2) An interference analysis to demonstrate the compatibility of

its proposed system 2 degrees from any authorized space station. An

applicant should provide details of its proposed r.f. carriers which it

believes should be taken into account in this analysis. At a minimum,

the applicant must include, for each type of r.f. carrier, the link

noise budget, modulation parameters, and overall link performance

analysis. (See, e.g., appendices B and C to Licensing of Space Stations

in the Domestic Fixed-Satellite Service, Docket No. 81-704, FCC No. 83-

184 (released August 16, 1983) (available through the Commission's

Reference Center in Washington, D.C.))

(3) The applicant's current financial ability to meet the:

(i) Estimated costs of proposed construction and/or launch, and any

other initial expenses for the space station(s); and

(ii) Estimated operating expenses for one year after launch of the

proposed space station(s).

(c) Each application for authority to construct and/or launch a

space station shall demonstrate the applicant's current financial

ability to meet the costs specified in paragraph (b)(3) of this section

by submitting the following financial information verified by

affidavit:

(1) A balance sheet current for the latest fiscal year and

documentation of any financial commitments reflected in the balance

sheet (such as, for example, loan agreements and service contracts)

together with an exihibit demonstrating that the applicant has current

assets and operating income sufficient to satisfy the requirements of

paragraph (c) of this section. If the applicant is owned by more than

one corporate parent, it must submit evidence of a commitment to the

proposed satellite program by management of the corporate parent upon

whom it is relying for financial resources;

(2) If the submissions of paragraph (c)(1) of this section do not

satisfy paragraph (b)(3) of this section, the applicant shall submit

additional information as listed in paragraphs (c)(2) (i) through (iv)

to satisfy paragraph (b)(3) of this section.

(i) The terms of any fully negotiated loan or other form of credit

arrangement intended to be used to finance the proposed construction,

acquisition, or operation of the requested facilities including such

information as the identity of the creditor (or creditors), the amount

committed, letters of commitment, detailed terms of the transaction,

including the details of any contingencies, and a statement that the

applicant complies with paragraph (d) of this section.

(ii) The terms of any fully negotiated sale or placement of any

equity or other form of ownership interest, including the sale, or

long-term lease for the lifetime of the satellite, of proposed

satellite transponder capacity in the level of detail as specified in

paragraph (c)(2)(i) of this section.

(iii) The terms of any grant or other external funding commitment

intended to be used to finance the proposed construction, acquisition,

or operation of the requested facilities, including such information as

the identity of the grantor(s), the amount committed, letters of

commitment, and detailed terms of the transaction, including the

details of any contingencies;

(iv) Any financing arrangements contingent on further performance

by either party, such as marketing of satellite capacity or raising

additional financing, will not satisfy the requirements of paragraph

(b)(3) of this section.

(3)Whatever other information or details the Commission may require

with regard to a specific application or applicant;

(d) Any loan or other credit arrangement providing for a chattel

mortgage or secured interest in any proposed facility must include a

provision for a minimum of ten (10) days prior written notification to

the licensee or permittee, and to the Commission, before any such

equipment may be repossessed under any default provision of the

agreement.

(e) An applicant found to be qualified pursuant to paragraph (a) of

this section may be initially assigned up to two orbital locations in

each pair of frequency bands proposed. Authorizations to construct

ground spares are at the applicant's risk that launch authorization

will not be granted by the Commission.

(f) Each applicant found to be qualified pursuant to paragraph (a)

of this section may be assigned no more than one additional orbital

location beyond its current authorizations in each frequency band in

which it is authorized to operate, provided that its in-orbit

satellites are essentially filled and that it has no more than two

unused orbital locations for previously authorized but unlaunched

satellites in that band.

(g) In the event that one or more applications satisfying the

requirements of this section are ready for grant, any orbital location

occupied by a satellite that is determined to be a part of a system

that is not essentially filled may be cancelled and colocation of in-

orbit satellites may be required. The Commission may take this action

if, in so doing, it would allow the grant of pending applications that

satisfy the requirements of this section. If a cancellation is made,

the licensee will be afforded a period of 30 days to notify

[[Page 46258]]

the Commission which of its assigned locations should be cancelled.

15. Section 25.141 is amended by revising paragraph (c) to read as

follows:

Sec. 25.141 Licensing provisions for the radiodetermination satellite

service.

* * * * *

(c) User transceivers. Individual user transceivers will not be

licensed. Service vendors may file blanket applications for transceiver

units using FCC Form 312, Main Form and Schedule C, and specifying the

number of units to be covered by the blanket license. Each application

must demonstrate that transceiver operations will not cause

interference to other users of the spectrum.

* * * * *

16. Section 25.142 is amended by revising paragraph (c)

introductory text to read as follows:

Sec. 25.142 Licensing provisions for the non-voice, non-geostationary

mobile-satellite service.

* * * * *

(c) Reporting requirements. All operators of non-voice, non-

geostationary mobile-satellite service systems shall, on June 30 of

each year, file a report with the International Bureau and the

Commission's Columbia Operations Center in Columbia, Maryland

containing the following information:

* * * * *

17. Section 25.143 is amended by revising paragraph (e)(1)

introductory text to read as follows:

Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-

Satellite Service.

* * * * *

(e) * * *

(1) All operators of 1.6/2.4 GHz mobile-satellite systems shall, on

June 30 of each year, file with the International Bureau and the

Commission's Columbia Operations Center, Columbia, Maryland a report

containing the following information:

* * * * *

18. Section 25.155 is amended by revising paragraph (b) to read as

follows:

Sec. 25.155 Mutually exclusive applications.

* * * * *

(b) A space station application will be entitled to comparative

consideration with one or more conflicting applications only if:

(1) The application is mutually exclusive with another application;

and

(2) The application is received by the Commission in a condition

acceptable for filing by the ``cut-off'' date specified in a public

notice.

19. Section 25.210 is amended by revising paragraphs (j)

introductory text and (j)(3), to read as follows:

Sec. 25.210 Technical requirements for space stations in the Fixed-

Satellite Service.

* * * * *

(j) All operators of space stations shall, on June 30 of each year,

file a report with the International Bureau and the Commission's

Columbia Operations Center in Columbia, Maryland containing the

following information.

* * * * *

(3) A detailed description of the utilization made of each

transponder on each of the in-orbit satellites. That description should

identify the total capacity or the percentage of time each transponder

is actually used for transmission, and the amount of unused system

capacity in the transponder.

* * * * *

20. Section 25.211 is amended by adding paragraph (d), to read as

follows:

Sec. 25.211 Video Transmissions in the Domestic Fixed-Satellite

Service.

* * * * *

(d) In the 6 GHz band, an earth station with an equivalent diameter

of 9 meters or smaller may be routinely licensed for transmission of

full transponder services if the maximum power into the antenna does

not exceed 450 watts (26.5 dBW). In the 14 GHz band, an earth station

with an equivalent diameter of 5 meters or smaller may be routinely

licensed for transmission of full transponder services if the maximum

power into the antenna does not exceed 500 watts (27 dBW).

21. Section 25.212 is amended by adding paragraphs (c) and (d), to

read as follows:

Sec. 25.212 Narrowband transmissions in the Fixed-Satellite Service.

* * * * *

(c) In the 14 GHz band, and earth station with an equivalent

diameter of 1.2 meters or greater may be routinely licensed for

transmission of narrowband analog services with bandwidths up to 200

kHz if the maximum power densities into the antenna do not exceed -8

dBW/4 kHz and the maximum transmitted satellite carrier power densities

do not exceed 13 dBW/4 kHz.

(d) In the 6 GHz band, an earth station with an equivalent diameter

of 4.5 meters or greater may be routinely licensed for transmission of

SCPC services if the maximum power densities into the antenna do not

exceed +0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to

200 kHz, and do not exceed -2.7 dBW/4 kHz for digital SCPC carriers.

22. Section 25.251 is revised to read as follows:

Sec. 25.251 Special requirements for coordination.

(a) The administrative aspects of the coordination process are set

forth in Secs. 21.100(d) and 21.706 (c) and (d) of this chapter in the

case of coordination of terrestrial stations with earth stations, and

in Sec. 25.203 in the case of coordination of earth stations with

terrestrial stations.

(b) The technical aspects of coordination are based on Appendix 28

of the International telecommunications Union Radio Regulations and

certain recommendations of the ITU Radiocommunication Sector (``ITU-

R'') which may be obtained through the International Telecommunication

Union, General Secretariat--Sales Section, Places des Nations, CH-1211

Geneva 20, Switzerland or by phone 011-41-22-730-6141 or fax 011-41-22-

730-5194. Applicants and operators will find it helpful to be aware of

the latest revisions of these documents.

Secs. 25.252 through 25.256 [Removed and reserved]

23. Sections 25.252 through 25.256 are removed and reserved.

24. Section 25.272 is amended by revising the first sentence of

paragraph (b) to read as follows:

Sec. 25.272 General inter-system coordination procedures.

* * * * *

(b) Each space station licensee shall maintain on file with the

Commission and with its Columbia Operations Center in Columbia,

Maryland a current listing of the names, titles, addresses and

telephone numbers of the points of contact for resolution of

interference problems. * * *

* * * * *

25. Section 25.274 is amended by revising the first sentence of

paragraph (f) to read as follows:

Sec. 25.274 Procedures to be followed in the event of harmful

interference.

* * * * *

(f) At any point, the system control center operator may contact

the Commission's Columbia Operations Center in Columbia, Maryland to

assist in resolving the matter. * * *

* * * * *

26. Section 25.277 is amended by revising paragraph (c)

introductory text to read as follows:

Sec. 25.277 Temporary fixed earth station operations.

* * * * *

[[Page 46259]]

(c) The licensee of an earth station which is authorized to conduct

temporary fixed operations in bands shared co-equally with terrestrial

fixed stations shall provide the following information to the Director

of the Columbia Operations Center at P.O. Box 250, Columbia, Maryland

21045 (phone number 301-725-3474 and fax number 301-206-2896) and to

the licensees of all terrestrial facilities lying within the

coordination contour of the proposed temporary fixed earth station site

before beginning transmissions:

* * * * *

27. A new Sec. 25.280 is added to read as follows:

Sec. 25.280 Inclined orbit operations.

Satellite operators may commence operation in incline orbit mode

without obtaining prior Commission authorization provided that the

Commission is notified by letter within 30 days after commencement. The

notification shall include:

(a) The date of commencement of included orbit operation;

(b) The initial inclination;

(3) The rate of change in inclination per year; and

(4) The expected end-of-life of the satellite accounting for

inclined orbit operation.

28. Section 25.308 is redesignated as Sec. 25.281.

29. Subpart E is removed and reserved.

[FR Doc. 95-22168 Filed 9-5-95; 8:45 am]

BILLING CODE 6712-01-M