[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Rules and Regulations]
[Page 47790-47795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 25
[IB Docket No. 02-34; FCC 04-92]
Space Station Licensing Rules and Policies
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission seeks to extend mandatory
electronic filing to all satellite and earth station applications. The
Commission also plans to implement two measures that allow space
station operators to make certain changes to their systems without
prior regulatory approval. First, we allow direct broadcast satellite
(DBS) licensees and Digital Audio Radio Service (DARS) satellite
licensees to use a streamlined procedure when relocating satellites for
fleet management purposes. Second, we allow Non-Geostationary Satellite
Orbit (NGSO) system operators to activate in-orbit spares without prior
authorization from the Commission, provided that the activation does
not cause the operator to exceed the total number of space stations
that the licensee was authorized
[[Page 47791]]
to operate under its blanket license for that system. These rule
revisions represent another step in our continuing effort to eliminate
outdated regulatory requirements and expedite provision of satellite
services to the public.
DATES: The revisions to Sec. Sec. 1.10000, 1.10006, 1.10007, 25.113
and 25.118(e) will become effective September 7, 2004. The revisions to
Sec. Sec. 25.110, 25.114, 25.115, 25.116, 25.117, 25.118(a), 25.130,
25.131, and 25.154 contain information requirements that have not been
approved by OMB. The Federal Communications Commission will publish a
document in the Federal Register announcing the effective date of these
sections.
ADDRESSES: Comments on the information collection requirement should be
addressed to the Office of the Secretary, Federal Communications
Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition
to filing comments with the Secretary, a copy should be submitted to
Judy Boley Herman, Federal Communications Commission, Room 1-C804, 445
Twelfth Street, SW., Washington, DC 20554, or via Internet to
Judy.Herman@fcc.gov, and to Timothy Fain, OMB Desk Officer, 10236 NEOB,
725-17th Street, NW., Washington, DC 20503 or via the Internet to
fain_t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Satellite Division,
International Bureau, at (202) 418-1539.
SUPPLEMENTARY INFORMATION: This is a summary of the Fourth Report and
Order in IB Docket No. 02-34, adopted on April 9, 2004, and released on
April 16, 2004 (FCC 04-92, released April 16, 2004), is available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. The document may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail
http://www.BCPIWEB.com.
In 2000 and 2002, the Commission initiated proceedings to reform
and streamline its earth station and space station licensing
procedures, respectively. In July 2003, the Commission adopted a Second
Further Notice of Proposed Rulemaking (2nd FNPRM), 68 FR 53702,
September 12, 2003, in both these proceedings. The Commission proposed
extending mandatory electronic filing requirements to all space station
and earth station applicants. The Commission also proposed extending
the streamlined procedure for fleet management modifications to DBS and
DARS licensees. Only one party filed comments in response to the 2nd
FNPRM, Sirius Satellite Radio, Inc. (Sirius). No replies were filed.
The Commission observed that it has mandatory electronic filing for
several but not all satellite and earth station filings. We require all
space station applicants other than DBS and DARS applicants to file
electronically. We also require electronic filing for routine earth
station license applications, and for earth station assignments and
transfer of control applications. Parties filing petitions to deny
routine earth station applications, or other pleadings in response to
routine earth station applications, must also file electronically.
Paperwork Reduction Act: This Fourth Report and Order contains new
and modified information collections. The Federal Communications
Commission, as part of its continuing effort to reduce paperwork
burden, has previously invited the general public and the Office of
Management and Budget (OMB) to comment on the information collection(s)
contained in this Fourth Report and Order, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. See 69 FR 26391, May 12,
2004.
A. Mandatory Electronic Filing
1. In the 2nd FNPRM, the Commission proposed extending electronic
filing requirements to all pleadings and other filings governed by part
25 of the Commission's rules. The Commission noted that electronic
filing should enable it to act on applications more quickly. The
Commission explained further that requiring certain types of
applications to be filed electronically and permitting others to be
filed manually adds complexity to the application filing requirements.
Thus, adopting mandatory electronic filing for all satellite and earth
station filings would simplify the filing requirements. The Commission
also proposed requiring DARS applicants to file applications on
Schedule S. The Commission adopted Schedule S in its current form in
the Third Space Station Reform Order, 68 FR 63994, November 12, 2003,
to standardize many of the information requirements associated with
satellite license applications. The Commission intended Schedule S to
streamline review of satellite applications, and to facilitate
electronic filing. Schedule S is required of all space station
applicants other than DARS applicants.
2. Discussion. Sirius supports extending mandatory electronic
filing to all satellite and earth station applications, to simplify
part 25 and to facilitate interested parties' access to information. We
agree. Accordingly, we adopt mandatory electronic filing for all
applications and pleadings that are governed by part 25. We delegate
authority to the Chief, International Bureau, to make the electronic
filing system revisions necessary to implement these new electronic
filing requirements. We also direct the International Bureau to issue a
public notice at least 30 days before the new electronic filing
requirements will take effect.
3. Sirius also argues that the edit checks in Schedule S should
allow applicants to respond ``Not Applicable'' or ``N/A'' where
appropriate. We agree, and direct the International Bureau to add ``Not
Applicable'' or ``N/A'' responses to Schedule S where appropriate.
B. Streamlined Fleet Management Modification Procedure for DBS and DARS
Licensees
4. Background. In the Second Space Station Reform Order, 68 FR
62247, November 3, 2003, the Commission adopted a streamlined procedure
for GSO licensees seeking to relocate two or more satellites among
orbit locations at which they are licensed. The Commission referred to
such relocations as ``fleet management'' license modifications. Under
this procedure, a space station operator may modify its license 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:
(1) The space station licensee will relocate a Geostationary
Satellite Orbit (GSO) space station to another orbit location that is
assigned to that licensee;
(2) The relocated space station licensee will operate with the same
technical parameters as the space station initially assigned to that
location, or within the original satellite's authorized and/or
coordinated parameters;
(3) The space station licensee certifies that it will comply with
all the conditions of its original license and all applicable rules
after the relocation;
(4) The space station licensee certifies that it will comply with
all applicable coordination agreements at the newly occupied orbital
location;
[[Page 47792]]
(5) The space station licensee certifies that it has completed any
necessary coordination of its space station at the new location with
other potentially affected space station operators;
(6) The space station licensee certifies that it will limit
operations of the space station to Tracking, Telemetry, and Control
(TT&C) functions during the relocation and satellite drift transition
period; and
(7) The space station licensee certifies that the relocation of the
space station does not result in a lapse of service for any current
customer.
The Commission also noted that, because DBS and DARS were not
included in the Space Station Reform NPRM, 68 FR 51546, August 27,
2003, the streamlined procedure for satellite fleet management
modifications adopted in the Second Space Station Reform Order was
limited to modifications of satellite licenses other than DBS and DARS.
5. In the 2nd FNPRM, 68 FR 53702, September 12, 2003, the
Commission proposed to extend the satellite fleet management
modification procedure to DBS and DARS licenses. It stated that it was
not aware of any public policy that would be served by precluding DBS
and DARS licensees from using this procedure, which allows licensees to
respond faster to changing circumstances regarding fleet deployment.
6. The Commission also requested comment on whether DBS and DARS
licensees should be required to make any certifications that are not
applicable to FSS providers making fleet management modifications. For
example, one possible certification might be that a proposed DBS
modification shall not cause greater interference than that which would
occur from the current U.S. assignments in the International
Telecommunication Union (ITU) Region 2 BSS Plan and its associated
Feeder Link Plan. Another possibility might be to require DBS operators
to certify that they will continue to meet the geographic service
requirements that apply to DBS. The Commission also invited parties to
recommend other possible certification requirements.
7. Discussion. No DBS operators commented on this proposal, but one
DARS operator, Sirius, did comment. We conclude that extending the
fleet management modification procedure to DBS licensees would enable
us to act on DBS fleet management modification requests faster than we
do now. Accordingly, we adopt a fleet management modification procedure
for DBS licensees.
8. We also adopt the proposals in the 2nd FNPRM, to require DBS
licensees using the fleet management modification procedure to certify
that they will not cause greater interference than that which would
occur from the current U.S. assignments in the International
Telecommunication Union (ITU) Region 2 BSS Plan and its associated
Feeder Link Plan. We will also require certifications that the DBS
licensee will meet the geographic service requirements in Sec.
25.148(c) of the Commission's rules. These certifications are necessary
to ensure that DBS fleet management modifications are consistent with
the public interest, convenience, and necessity.
9. Sirius states that it does not oppose the fleet management
proposal for GSO DARS systems. Accordingly, we revise the streamlined
modification procedure for fleet management so that it also applies to
DARS space stations. Moreover, in the 2nd FNPRM, the Commission did not
propose to require DARS licensees proposing fleet management
modifications to make any additional certifications, as it did for DBS
licensees as discussed above, and no commenter proposed any such
certifications. Therefore, GSO DARS licensees proposing fleet
management modifications need to make only the seven certifications
adopted in the Second Space Station Reform Order, 68 FR 62247, November
3, 2003. DBS and GSO DARS licensees are permitted to make fleet
management modification as with other GSO licensees, by requesting a
modification by filing Form 312 and making the needed certifications.
C. Streamlined Modification Procedure for NGSO Licensees
10. Background. Sirius proposes a streamlined procedure for NGSO
system operators seeking to launch a ground spare as an in-orbit spare,
and later operate it. Under the Sirius proposal, the applicant would
file an application to launch the satellite. In the event that the
license is granted, the applicant would notify the Commission of the
launch date. Later, the applicant would also notify the Commission if
and when it begins to operate the satellite. Sirius argues that in-
orbit spares enable licensees to replace decommissioned satellites
promptly. Sirius also claims that this is comparable to the fleet
management procedure for GSO satellites. No reply comments were filed
on Sirius's proposal.
11. Discussion. We agree with Sirius that its proposed procedure is
comparable to the fleet management procedure for GSO satellites.
Generally, activating an in-orbit spare in an NGSO satellite system
involves moving the satellite from one previously authorized orbit to
another. Similarly, fleet management modifications involve moving a GSO
satellite from one previously authorized orbit location to another.
Therefore, we adopt the Sirius proposal with one minor revision. We
will permit all NGSO system operators to launch in-orbit spares, and to
activate them without prior authorization from the Commission, provided
that the activation does not cause the operator to exceed the total
number of space stations that the licensee was authorized to operate
under its blanket license for that system, and the spare satellite has
technical characteristics identical to the other satellites in the
constellation. If the activation of a spare satellite would cause the
licensee to exceed its total number of authorized satellites, if the
licensee plans to operate the satellite in an orbit that was not
previously authorized, or if the spare has different technical
characteristics, including but not limited to frequency bands, the
licensee will need to seek a modification of its license. This is
consistent with provisions that the Commission adopted for NGSO FSS
licensees in the Ku-band and Ka-band.
12. In summary, NGSO licensees using this procedure will be
required to notify the Commission that they have launched a spare, or
activated a ground spare, no later than 30 days after the launch or
activation. Licensees will be required to make these notifications on
Form 312. Since the satellite launches and activations contemplated
here will not cause the licensee to exceed the number of satellites it
is authorized to operate, we conclude that we will not require any fee
for these notifications.
D. Conclusion
13. In this Order, we extend mandatory electronic filing to all
space station and earth station applications, related pleadings, and
other filings governed by part 25. We also allow DBS and DARS licensees
to take advantage of the fleet management modification procedure
adopted for GSO FSS licensees in the Second Space Station Reform Order.
Furthermore, we allow NGSO system operators to activate in-orbit spares
without prior authorization from the Commission, provided that the
activation does not cause the operator to exceed the total number of
space stations that the licensee was authorized to operate under its
blanket license for that system.
14. Finally, we make revisions to part 1, subpart Y, to conform
that subpart to
[[Page 47793]]
the revisions to part 25 we adopt in this Fourth Report and Order.
E. Procedural Matters
15. Final Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980, as amended (RFA), requires that a regulatory
flexibility analysis be prepared for rulemaking proceedings, unless the
agency certifies that ``the rule will not have a significant economic
impact on a substantial number of small entities.'' The RFA generally
defines ``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).
16. In this Fourth Report and Order, the Commission extends
electronic filing requirements to satellite and earth station operators
that are not currently subject to those requirements. The Commission
believes that filing applications electronically is no more burdensome
than submitting paper applications, because a majority of applicants
currently file their applications electronically on a voluntary basis.
We also make an existing streamlined license modification procedure
available to DBS and DARS licensees, and adopt a new streamlined
license modification procedure for NGSO licensees. The effect of these
rule revisions is to reduce the administrative burdens of some space
station licensees. We expect that these changes will be minimal and
positive. Therefore, we certify that the requirements of this Fourth
Report and Order will not have a significant economic impact on a
substantial number of small entities. The Commission will send a copy
of the Fourth Report and Order, including a copy of this final
certification, in a report to Congress pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the Fourth Report
and Order and this certification will be sent to the Chief Counsel for
Advocacy of the Small Business Administration, and will be published in
the Federal Register. See 5 U.S.C. 605(b).
17. Privacy Impact Assessment. The Commission has performed a
Privacy Impact Assessment as required by the Privacy Act, as amended by
the E-Government Act of 2002. The Commission has determined that this
information collection does not affect individuals or household; thus,
there are no impacts under the Privacy Act.
F. Ordering Clauses
18. 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), that this Fourth Report and Order in IB Docket No. 02-
34, and Fourth Report and Order in IB Docket No. 00-248, are hereby
adopted.
19. It is further ordered that parts 1 and 25 of the Commission's
rules are amended as set forth in the rule changes.
20. It is further ordered that the revisions to Sec. Sec. 1.10000,
1.10006, 1.10007, 25.113 and 25.118(e) will become effective September
7, 2004. The revisions to Sec. Sec. 25.110, 25.114, 25.115, 25.116,
25.117, 25.118(a), 25.130, 25.131, and 25.154 contain information
requirements that have not been approved by OMB. The Federal
Communications Commission will publish a document in the Federal
Register announcing the effective date of these sections.
21. It is further ordered that the Consumer and Governmental
Affairs Bureau, Reference Information Center, shall send a copy of this
Order, including the Final Regulatory Flexibility Certification, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Parts 1 and 25
Administrative practice and procedure, Satellites.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR, parts 1 and 25, to read as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
0
2. Revise Sec. 1.10000 to read as follows:
Sec. 1.10000 What is the purpose of these rules?
(a) These rules are issued under the Communications Act of 1934, as
amended, 47 U.S.C. 151 et seq., and the Submarine Cable Landing License
Act, 47 U.S.C. 34-39.
(b) This subpart describes procedures for electronic filing of
International and Satellite Services applications using the
International Bureau Filing System.
(c) More licensing and application descriptions and directions,
including but not limited to specifying which International and
Satellite service applications must be filed electronically, are in
parts 1, 25, 63, and 64 of this chapter.
0
3. Revise Sec. 1.10006 to read as follows:
Sec. 1.10006 Is electronic filing mandatory?
(a) Mandatory electronic filing requirements for applications for
international and satellite services are set forth in parts 1, 25, 63,
and 64 of this chapter.
(b) If you are not required to file an international or satellite
application, you may file that application electronically on a
voluntary basis. However, we encourage you to use IBFS to increase
time-savings and efficiency.
0
4. Amend Sec. 1.10007 by revising paragraph (b) to read as follows:
Sec. 1.10007 What applications can I file electronically?
* * * * *
(b) For a complete list of applications you can file
electronically, see the IBFS Web site at http://www.fcc.gov/ibfs.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
5. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332, unless
otherwise noted.
0
6. Revise Sec. 25.110 to read as follows:
Sec. 25.110 Filing of applications, fees, and number of copies.
(a) You can obtain application forms for this part by going online
at http://www.fcc.gov/ibfs, where you may complete the form prior to
submission via IBFS, the IB electronic filing system.
(b) Submitting your application. All space station applications and
all earth station applications must be filed electronically on Form
312. In this part, any party permitted or required to file information
on Form 312 must file that information electronically through the
International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
[[Page 47794]]
(c) All correspondence and amendments concerning any application
must identify:
(1) The satellite radio service;
(2) The applicant's name;
(3) Station location;
(4) The call sign or other identification of the station; and
(5) The file number of the application involved.
(d) Copies. Applications must be filed electronically though IBFS.
The Commission will not accept any paper version of any application.
(e) Signing. Upon filing an application electronically, the
applicant must print out the filed application, obtain the proper
signatures, and keep the original in its files.
(f) The applicant must pay the appropriate fee for its application
and submit it in accordance with part 1, subpart G of this chapter.
0
7. Section 25.113 is amended by revising paragraph (g) introductory
text and by adding paragraph (h) to read as follows:
Sec. 25.113 Construction permits, station licenses and launch
authority.
* * * * *
(g) Except as set forth in paragraph (h) of this section, a launch
authorization and station license (i.e., operating authority) 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. However, an application for
authority to launch and operate an on-ground spare satellite will be
considered pursuant to the following procedures:
* * * * *
(h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite
systems need not file separate applications to operate technically
identical in-orbit spares authorized as part of a blanket license
pursuant to Sec. 25.114(e) or any other satellite blanket licensing
provision in this part. However, the licensee shall notify the
Commission within 30 days of bringing the in-orbit spare into
operation, and certify that operation of this space station did not
cause the licensee to exceed the total number of operating space
stations authorized by the Commission, and that the licensee will
operate the space station within the applicable terms and conditions of
its license. These notifications must be filed electronically on FCC
Form 312.
0
8. Section 25.114 is amended by revising paragraph (b) to read as
follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(b) Each application for a new or modified space station
authorization must constitute a concrete proposal for Commission
evaluation. Each application must also contain the formal waiver
required by section 304 of the Communications Act, 47 U.S.C. 304. The
technical information for a proposed satellite system specified in
paragraph (c) of this section must be filed on FCC Form 312, Main Form
and Schedule S. The technical information for a proposed satellite
system specified in paragraph (d) of this section need not be filed on
any prescribed form but should be complete in all pertinent details.
Applications for all new space station authorizations 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.
* * * * *
0
9. Section 25.115 is amended by revising paragraph (a) to read as
follows:
Sec. 25.115 Application for earth station authorizations.
(a)(1) 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 electronically on FCC Form 312, Main Form and Schedule
B, and include the information specified in Sec. 25.130, except as set
forth in paragraph (a)(2) of this section.
(2) Applicants for licenses for transmitting earth station
facilities are required to file on Form 312EZ, to the extent that form
is available, in the following cases:
(i) The earth station will transmit in the 3700-4200 MHz and 5925-
6425 MHz band, and/or the 11.7-12.2 GHz and 14.0-14.5 GHz band; and
(ii) The earth station will meet all the applicable technical
specifications set forth in part 25 of this chapter.
(3) If Form 312EZ is not available, earth station license
applicants specified in paragraph (a)(2) must file on FCC Form 312,
Main Form and Schedule B, and include the information specified in
Sec. 25.130.
(4) Applications for earth station authorizations must be filed in
accordance with the pleading limitations, periods and other applicable
provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that
such earth station applications 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;
* * * * *
0
10. Section 25.116 is amended by revising paragraph (e) to read as
follows:
Sec. 25.116 Amendments to applications.
* * * * *
(e) Any amendment to an application shall be filed electronically
through the International Bureau Filing System (IBFS) in accordance
with the applicable provisions of part 1, subpart Y of this chapter.
Amendments to space station applications must be filed on Form 312 and
Schedule S. Amendments to space station applications must be filed on
Form 312 and Schedule B.
0
11. Section 25.117 is amended by revising paragraph (c) introductory
text to read as follows:
Sec. 25.117 Modification of station license.
* * * * *
(c) Applications for modification of earth station authorizations
shall be submitted on FCC Form 312, Main Form and Schedule B.
Applications for modification of space station authorizations shall be
submitted on FCC Form 312, Main Form and Schedule S. Both earth station
and space station modification applications 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. In addition, any application for modification of authorization
to extend a required date of completion, as set forth in Sec. 25.133
for earth station authorization or Sec. 25.164 for space stations, or
included as a condition of any earth station or space station
authorization, must include a verified statement from the applicant:
* * * * *
0
12. Section 25.118 is amended by revising paragraph (a) introductory
text, the introductory text of paragraph (e), and adding paragraphs
(e)(8) and (e)(9), to read as follows:
Sec. 25.118 Modifications not requiring prior authorization.
(a) Earth station license modifications, notification required.
Authorized earth station operators may make the following modifications
to their licenses without prior Commission authorization, provided that
the operators notify the Commission, using FCC Form 312 and Schedule B,
within 30 days of the modification. This notification must be filed
electronically
[[Page 47795]]
through the International Bureau Filing System (IBFS) in accordance
with the applicable provisions of part 1, subpart Y of this chapter:
* * * * *
(e) Space station modifications. A space station operator may
modify its license 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. This
notification must be filed electronically on Form 312 through the
International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter:
* * * * *
(8) For DBS licensees, the space station licensee must certify that
it will not cause greater interference than that which would occur from
the current U.S. assignments in the International Telecommunication
Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan.
(9) For DBS licensees, the space station licensee must certify that
it will meet the geographic service requirements in Sec. 25.148(c).
0
13. Section 25.130 is amended by revising paragraph (a) to read as
follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) Applications for a new or modified transmitting earth station
facility shall be submitted on FCC Form 312, Main Form and Schedule B,
accompanied by any required exhibits, except for those earth station
applications filed on FCC Form 312EZ pursuant to Sec. 25.115(a). All
such earth station license applications 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.
* * * * *
0
14. Section 25.131 is amended by revising paragraph (a) 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,
and section 25.115(a), applications for a license for a receive-only
earth station shall be submitted on FCC Form 312, Main Form and
Schedule B, accompanied by any required exhibits. All such earth
station license applications 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.
* * * * *
0
15. Section 25.154 is amended by revising paragraph (a)(3), paragraph
(c), and paragraph (d), to read as follows:
Sec. 25.154 Opposition to applications and other pleadings.
(a) * * *
(3) Filed in accordance with the pleading limitations, periods and
other applicable provisions of Sec. Sec. 1.41 through 1.52 of this
chapter, except that such petitions 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;
* * * * *
(c) Oppositions to petitions to deny an application or responses to
comments and informal objections regarding an application may be filed
within 10 days after the petition, comment, or objection is filed and
must be in accordance with other applicable provisions of Sec. Sec.
1.41 through 1.52 of this chapter, except that such oppositions 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.
(d) Reply comments by the party that filed the original petition
may be filed with respect to pleadings filed pursuant to paragraph (c)
of this section within 5 days after the time for filing oppositions has
expired unless the Commission otherwise extends the filing deadline and
must be in accordance with other applicable provisions of Sec. Sec.
1.41 through 1.52 of this chapter, except that such reply comments 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.
[FR Doc. 04-16975 Filed 8-5-04; 8:45 am]
BILLING CODE 6712-01-P