Procedures for Non-U.S. Satellite Filings

FEDERAL COMMUNICATIONS COMMISSION

[DA 97-944]

Procedures for Non-U.S. Satellite Filings

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: On April 16, 1997, the International Bureau released a public

notice announcing procedures for foreign satellites to be considered in

future satellite processing rounds. Pursuant to the World Trade

Organization Basic Telecommunications Services Agreement reached in

February 1997, the International Bureau will be opening future

satellite system processing rounds to space stations that are licensed

by, or coordinated internationally under the ITU Radio Regulations by

foreign Administrations. The Bureau issued the Public Notice to provide

procedural guidance to those entities wishing to participate in future

satellite processing rounds and to request comment on the procedures.

This process will serve as a means to ensure appropriate opportunities

for non-U.S. licensed entities to participate in the U.S. satellite

services market. The Commission is seeking emergency approval for this

information collection by July 1, 1997, under the provisions of 5 CFR

1320.13.

DATES: Comments on the information collection being submitted for

emergency approval should be submitted no later than June 23, 1997.

Comments on the regular information collection submission should be

submitted no later than July 14, 1997.

ADDRESSES: In addition to filing comments with the Office of the

Secretary, Federal Communications Commission, 1919 M Street, NW.,

Washington, DC 20554, a copy of any comments on the information

collections contained herein should be submitted to Judy Boley, Federal

Communications Commission, Room 234, 1919 M Street, NW., Washington, DC

20554, or via the Internet to [email protected], and to Timothy Fain, OMB

Desk Officer, 10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or

via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For information on the Public Notice,

contact Virginia Marshall at (202) 418-0778 or Kathleen Campbell at

(202) 418-0753 of the International Bureau, Satellite and

Radiocommunication Division, Satellite Policy Branch. For additional

information or copies of the information collection, contact Judy Boley

at 202-418-0214 or via the internet at [email protected].

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce

paperwork burden, the Federal Communications Commission invites the

general public and other Federal agencies to take this opportunity to

comment on emergency information collection as required by the

Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not

conduct or sponsor a collection of information unless it displays a

currently valid control number. No person shall be subject to any

penalty for failing to comply with a collection of information subject

to the Paperwork Reduction Act (PRA) that does not display a valid

control number. Comments are requested concerning whether the proposed

collection of information is necessary for the proper performance of

the functions of the Commission, including whether the information

shall have practical utility; the accuracy of the Commission's burden

estimate; ways to enhance the quality, utility, and clarity of the

information collected; and ways to minimize the burden of the

collection of information on the respondents, including the use of

automated collection techniques or other forms of information

technology. While the Commission is seeking emergency approval for this

collection, following the statutory 60-day comment period, the

Commission will submit a request for regular OMB approval for this

information collection and will publish a notice of such submission.

The following is a summary of Public Notice, Report No. SPB-80

(released April 16, 1997):

1. Pursuant to the World Trade Organization Basic

Telecommunications Services Agreement reached in February 1997, the

International Bureau will be

[[Page 26506]]

opening future satellite system processing rounds to space stations

that are licensed by, or coordinated internationally under the ITU

Radio Regulations by foreign Administrations. The Bureau is issuing

this Public Notice to provide procedural guidance to those entities

wishing to participate in future satellite processing rounds. This

process will serve as a means to ensure appropriate opportunities for

non-U.S. licensed entities to participate in the U.S. satellite

services market.

2. Specifically, the Bureau intends to require entities seeking to

provide satellite service within the United States using non-U.S.

licensed satellites to file a letter of intent to do so, along with the

information required in Sec. 25.114 of the Commission's rules, 47 CFR

25.114, for space station applications. This information includes a

concrete, comprehensive description of the space station, providing in

detail all pertinent technical, operational and ownership aspects of

the system and a demonstration of the ability to proceed expeditiously

with construction, launch, and operation. The Bureau also intends to

require entities operating or seeking to use foreign-licensed space

stations to file, as an exhibit to their filings, a description of the

space station authorization process used by the relevant coordinating

Administration and the status of that process.

3. The Bureau will evaluate these filings in accordance with all

applicable Commission rules, policies, and statutory requirements. The

Bureau will not, however, issue U.S. licenses for foreign-licensed

space stations seeking to serve the U.S. market. The foreign-licensed

satellite will continue to fall under the jurisdiction of the licensing

or coordinating Administration, subject to any conditions the

Commission may impose on the space station operator with respect to the

provision of service within the United States. The mechanism for

assigning spectrum or orbital locations for non-U.S. licensed space

station operators or earth station operators utilizing non-U.S.

licensed space stations may be addressed in a rulemaking for that

particular service. At a later point, the Bureau will issue licenses,

as appropriate, to entities that request U.S. earth station or service

authorizations. It is the Bureau's intent that this procedure will

apply to entities wishing to participate in a specific processing round

as well as to entities that seek to have a processing round initiated.

4. This action constitutes a new information collection under the

Paperwork Reduction Act of 1995, Public Law 104-13. Accordingly, the

Office of Management and Budget must approve this collection before it

can go into effect. The OMB approval process may take up to 120 days.

5. Once OMB approval is granted, the Bureau intends to issue Public

Notices establishing cut-off dates for satellite space stations in both

the 2 GHz frequency band and the 40 GHz frequency band. See Amendment

of Sec. 2.106 of the Commission's rules to Allocate Spectrum at 2 GHz

for Mobile Satellite Service, First Report and Order and Further Notice

of Proposed Rulemaking, ET Docket No. 95-18, 62 FR 19509 (April 22,

1997) (First Report and Order) and 62 FR 19538 (April 22, 1997)

(Further Notice of Proposed Rulemaking), and Allocation and Designation

of Spectrum in the 37.5-38.5 GHz, 40.5-42.5 GHz, 48.2-50.2 GHz, 46.9-

47.0 GHz, and 37.0-38.0 GHz Frequency Bands, Notice of Proposed

Rulemaking, FCC 97-85, 62 FR 16129 (April 4, 1997), respectively. The

Bureau expects it will require applicants to file applications,

including letters of intent where appropriate, within 30 days after

each Public Notice is issued.

6. This Public Notice contains either a proposed or modified

information collection. As part of its continuing effort to reduce

paperwork burdens, we invite the general public and the Office of

Management and Budget (OMB) to take this opportunity to comment on the

information collections contained in this Public Notice, as required by

the Paperwork Reduction Act of 1995, Public Law 104-13. Comments should

address: (a) Whether the proposed collection of information is

necessary for the proper performance of the functions of the

Commission, including whether the information shall have practical

utility; (b) the accuracy of the Commission's burden estimates; (c)

ways to enhance the quality, utility, and clarity of the information

collected; and (d) ways to minimize the burden of the collection of

information on the respondents, including the use of automated

collection techniques or other forms of information technology.

7. This Public Notice contains a new or modified collection and has

been submitted to the Office of Management and Budget for emergency

review and will be submitted for regular review under section 3507(d)

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

submissions contact Judy Boley at (202) 418-0214. 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, AMD-Performance Evaluation and Records Management Branch,

Room 234, Paperwork Reduction Project, Washington, DC 20554. For

further information contact Judy Boley, (202) 418-0210.

OMB Approval No.: None--3060-xxxx.

Title: Non-U.S. Satellite Filing Procedures pursuant to the World

Trade Organization Basic Telecommunications Services Agreement.

Form No.: n/a.

Type of Review: Emergency submission.

Respondents: Businesses or other for profit, including small

businesses, foreign government agencies.

Number of Respondents: 10.

Estimated Time Per Response: The Commission estimates respondents

will hire an attorney or legal assistant to complete the submission.

The time to retain these services is 2 hours per respondent.

Total Annual Burden: 20 hours.

Estimated Costs Per Respondent: This includes the charges for

hiring an attorney, legal assistant, or engineer at $150 an hour to

complete the submissions. The estimated average time to complete space

station submissions is 22 hours per response. Estimated cost of space

station submissions: $3,300.

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

information collected will be used by the Commission in evaluating

spectrum availability for all entities seeking authority to provide

service in the United States in accordance with part 25 of the

Commission's rules and the World Trade Organization Basic

Telecommunications Services Agreement. The information will be used to

determine the legal, technical, and financial ability of the non-U.S.

satellite entities to provide satellite services and will assist the

Commission in determining whether proposed operations are in the public

interest.

Federal Communications Commission.

Thomas S. Tycz,

Chief, Satellite and Radiocommunication Division, International Bureau.

[FR Doc. 97-12526 Filed 5-13-97; 8:45 am]

BILLING CODE 6712-01-P