Amendment of the Commission's Space Station Licensing Rules and Policies

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FEDERAL COMMUNICATIONS COMMISSION DA 04- 3201

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Before the Federal Communications Commission

Washington, D. C. 20554

) In the Matter of )

) Amendment of the Commission's Space ) IB Docket No. 02- 34

Station Licensing Rules and Policies ) )

2000 Biennial Regulatory Review -- ) Streamlining and Other Revisions of )

Part 25 of the Commission's Rules ) Governing the Licensing of, and ) IB Docket No. 00- 248

Spectrum Usage by, Satellite Network ) Earth Stations and Space Stations )

)

DECLARATORY ORDER

Adopted: October 5, 2004 Released: October 6, 2004

By the Chief, International Bureau:

I. INTRODUCTION

1. In this Order, we clarify certain Part 25 electronic filing requirements adopted in the Fourth Report and Order in the proceedings captioned above. 1 In addition, on our own motion,

we delay the effective date of the mandatory electronic filing requirements for petitions, comments, and replies filed in response to satellite applications, to allow us to finalize revisions

to the International Bureau Filing System (IBFS) needed to implement those requirements.

II. BACKGROUND

2. Prior to the Fourth Report and Order, the Commission required some but not all satellite and earth station filings to be submitted electronically. In the Second Further Notice in

these proceedings, the Commission proposed extending electronic filing requirements to all pleadings and other filings governed by Part 25. 2 The Commission adopted that proposal in the

Fourth Report and Order

Commission required some but not all satellite and earth station filings to be submitted electronically. In the Second Further Notice in

these proceedings, the Commission proposed extending electronic filing requirements to all pleadings and other filings governed by Part 25. 2 The Commission adopted that proposal in the

Fourth Report and Order. 3 The Commission also delegated authority to the International Bureau

1 Amendment of the Commission's Space Station Licensing Rules and Policies, 2000

Biennial Regulatory Review -- Streamlining and Other Revisions of Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations,

Fourth Report and Order, 19 FCC Rcd 7419 (2004) (Fourth Report and Order).

2 Amendment of the Commission's Space Station Licensing Rules and Policies, 2000

Biennial Regulatory Review -- Streamlining and Other Revisions of Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations,

Third Report and Order and Second Further Notice of Proposed Rulemaking in IB Docket Nos. 02- 34 and 00- 248, 18 FCC Rcd 13486, 13514- 15 (paras. 83- 85) (2003) (Second Further Notice).

3 Fourth Report and Order, 19 FCC Rcd at 7421 (para. 5).

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(Bureau) to make the electronic filing system revisions necessary to implement these new electronic filing requirements, and directed the International Bureau to provide at least 30 days

notice when the new electronic filing requirements will take effect. 4 In this Order below, we discuss in more detail the effective dates of various Part 25 electronic filing requirements.

ic filing system revisions necessary to implement these new electronic filing requirements, and directed the International Bureau to provide at least 30 days

notice when the new electronic filing requirements will take effect. 4 In this Order below, we discuss in more detail the effective dates of various Part 25 electronic filing requirements.

III. DISCCUSION

A. Satellite and Earth Station Applications

3. In the Fourth Report and Order, the Commission adopted rule revisions requiring all satellite and earth station applications submitted on Form 312, the standard form for all satellite

and earth station- related applications, to be filed electronically. 5 A public notice announcing the effective date of these rule revisions was published in the Federal Register on September 15,

2004. 6 Accordingly, we will no longer accept paper filings of Form 312, starting 30 days after the date this Order is released.

B. Oppositions, Comments, and Replies

4. The Fourth Report and Order also included rule revisions to Section 25.154, 7 requiring all parties filing oppositions, comments, or replies in response to satellite or earth

station applications to do so electronically. 8 The Commission also directed the Bureau to announce the effective date of these electronic filing requirements at least 30 days in advance. 9

However, the Federal Register publication announcing the effective date of the Form 312- related electronic filing requirements inadvertently included the revisions to Section 25.154. 10 As a

result of this ministerial error, the Federal Register announcement does not reflect the Commission's intent in the Fourth Report and Order

s in advance. 9

However, the Federal Register publication announcing the effective date of the Form 312- related electronic filing requirements inadvertently included the revisions to Section 25.154. 10 As a

result of this ministerial error, the Federal Register announcement does not reflect the Commission's intent in the Fourth Report and Order. In order to correct this, on our own motion,

we delay the effective date of the revisions to Section 25. 154 adopted in the Fourth Report and Order. 11 In the future, we will release a public notice announcing the effective date of these

electronic filing requirements.

4 Fourth Report and Order, 19 FCC Rcd at 7421- 22 (para. 5).

5 Fourth Report and Order, 19 FCC Rcd at 7428- 31 (App. A). Specifically, the

Commission adopted revisions to Sections 25. 110, 25. 114, 25. 115, 25. 116, 25. 117, 25. 118( a), 25. 130, and 25. 131 of the Commission's rules, 47 C. F. R. �� 25. 110, 25.114, 25. 115, 25. 116, 25. 117, 25. 118( a), 25. 130,

25. 131.

6 See 69 FR 55516 (Sept. 15, 2004). In that public notice, the Commission announced that

the effective date of these rules was August 24, 2004, the date the Commission received approval from the Office of Management and Budget (OMB) for the revisions to information collection requirements in those

rules, as required under the Paperwork Reduction Act.

7 47 C. F. R � 25. 154.

that public notice, the Commission announced that

the effective date of these rules was August 24, 2004, the date the Commission received approval from the Office of Management and Budget (OMB) for the revisions to information collection requirements in those

rules, as required under the Paperwork Reduction Act.

7 47 C. F. R � 25. 154.

8 Fourth Report and Order, 19 FCC Rcd at 7431- 32 (App. A).

9 Fourth Report and Order, 19 FCC Rcd at 7421- 22 (para. 5).

10 See 69 FR 55516 (Sept. 15, 2004).

11 Under Section 1.103( a) of the Commission's Rules, 47 C. F. R. � 1. 103( a), the Bureau can

change the effective date of a rule on its own motion.

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C. Reports

5. Part 25 requires several satellite operators to file annual reports. 12 In addition, Section 25.119( f) requires parties transferring control of a satellite or earth station license to notify the

Commission of the consummation of the transaction. Part 25 does not specify whether these reports must be filed electronically, and the Fourth Report and Order did not adopt any revisions

to these requirements. Accordingly, we hereby clarify that the mandatory electronic filing requirements adopted in the Fourth Report and Order apply to these reports and consummation

notifications, in addition to any other filings required by any Part 25 rule, either now or on a going- forward basis. We also clarify that we will release a public notice announcing the effective

date of these electronic filing requirements.

IV. ORDERING CLAUSES

6. Accordingly, IT IS ORDERED, pursuant to Sections 4( i), 7( a), 11, 303( c), 303( f), 303( g), and 303( r) of the Communications Act of 1934, as amended, 47 U. S. C

n a going- forward basis. We also clarify that we will release a public notice announcing the effective

date of these electronic filing requirements.

IV. ORDERING CLAUSES

6. Accordingly, IT IS ORDERED, pursuant to Sections 4( i), 7( a), 11, 303( c), 303( f), 303( g), and 303( r) of the Communications Act of 1934, as amended, 47 U. S. C. �� 154( i), 157( a),

161, 303( c), 303( f), 303( g), 303( r), and Section 1.2 of the Commission's Rules, 47 C. F. R. � 1.2, IS ADOPTED.

7. IT IS FURTHER ORDERED that the effective date of the revisions to Section 25.154, 47 C. F. R. � 25.154, adopted in the Fourth Report and Order, 19 FCC Rcd 7431- 32, IS

DELAYED, until further notice. The International Bureau will release a public notice announcing the effective date of these revisions at least 30 days before the requirement takes

effect.

8. This Order is issued pursuant to Sections 1.2, 1.103( a), and 0.261( b)( 15) of the Commission�s rules, 47 C. F. R. �� 1.2, 1.103( a), and 0.261( b)( 15), and is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

Donald Abelson Chief, International Bureau

12 See Sections 25. 142( c), 25. 134( e), 25. 210( l), and 25. 284 of the Commission's rules, 47

C. F. R. �� 25. 142( c), 25. 134( e), 25. 210( l), and 25. 284.

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