Fourth Report and Order

1007_FCC04-92_051807.pdf

Streamlining and Other Revisions of Part 25 of the Commission's Rules

Fourth Report and Order

OMB: 3060-1007

Document [pdf]

Download: pdf | pdf

Federal Communications Commission

FCC 04-92

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
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

)
)
)
)
)
)
)
)
)
)
)
)
)

IB Docket No. 02-34

IB Docket No. 00-248

FOURTH REPORT AND ORDER
Adopted: April 9, 2004

Released: April 16, 2004

By the Commission:
I. INTRODUCTION
1. In this Order, we extend mandatory electronic filing to all satellite and earth station
applications. We also 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. Currently, this
procedure is limited to Geostationary Satellite Orbit (GSO) licensees. 1 Second, we allow NonGeostationary 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 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effort to eliminate outdated regulatory requirements and expedite provision of satellite services to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.
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,
Second Report and Order in IB Docket No 02-34, Second Report and Order in IB Docket No 00-248, 18
FCC Rcd 12507, 12509-11 (paras. 6-9) (2003) (Second Space Station Reform Order). In that document, the
Commission adopted a Second Report and Order in IB Docket No. 02-34, and a Second Report and Order
in IB Docket No. 00-248. When we are referring to the portions of the document related to IB Docket No.
02-34, we will cite it as "Second Space Station Reform Order." When we are referring to the portions of
the document related to IB Docket No. 00-248, we will cite it as "Second Part 25 Earth Station Order."

Federal Communications Commission

FCC 04-92

II. BACKGROUND
2. In 2000 and 2002, the Commission initiated proceedings to reform and streamline its
earth station and space station licensing procedures, respectively.2 In July 2003, the Commission
adopted a Second Further Notice in both these proceedings.3 In that Notice, the Commission
proposed extending mandatory electronic filing requirements to all space station and earth station
applicants.4 The Commission also proposed extending the streamlined procedure for fleet
management modifications to DBS and DARS licensees.5 Only one party filed comments in
response to the Second Further Notice, Sirius Satellite Radio, Inc. (Sirius). No replies were
filed.6

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, Notice of Proposed Rulemaking, IB Docket No. 00-248, 15 FCC Rcd 25128 (2000)
(Part 25 Earth Station Notice); Amendment of the Commission's Space Station Licensing Rules and Policies,
Notice of Proposed Rulemaking, IB Docket No. 02-34, 17 FCC Rcd 3847 (2002) (Space Station Reform
Notice).
3

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). In addition, in that
document, the Commission also adopted a Third Report and Order in IB Docket No. 02-34, and a Third
Report and Order in IB Docket No. 00-248. We will refer to the Report and Order portions of that
document as "Third Space Station Reform Order" or "Third Part 25 Earth Station Order" as appropriate.
4

Second Further Notice, 18 FCC Rcd at 13515 (para. 84).

Second Further Notice, 18 FCC Rcd at 13515 (para. 85). The Commission adopted the
fleet management modification procedure for GSO FSS satellite licensees in the Second Space Station
Reform Order, 18 FCC Rcd at 12509-11 (paras. 6-9).
6

In this Order, we address the issues raised in the Second Further Notice. There are still a
number of outstanding issues in the Space Station Reform proceeding, and the Part 25 Earth Station
proceeding. These include bond-related issues pending as a result of the Space Station Reform Further
Notice, adopted together with the First Space Station Reform Order. Amendment of the Commission's
Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed
Rulemaking, IB Docket No. 02-34, 18 FCC Rcd 10760, 10882 (paras. 333-36) (2003) (First Space Station
Reform Order). In addition, several issues related to streamlining procedures for non-routine earth station
applications are pending. See Part 25 Earth Station Notice, 15 FCC Rcd at 25128; 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, Further
Notice of Proposed Rulemaking, IB Docket No. 00-248, 17 FCC Rcd 18585 (2002) (Part 25 Earth Station
Further Notice). We will address those issues in future Orders.

Federal Communications Commission

FCC 04-92

III. DISCUSSION
A. Mandatory Electronic Filing
3. Background. In the Second Further Notice, 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. 7 We also
require electronic filing for routine earth station license applications, and for earth station
assignments and transfer of control applications.8 Parties filing petitions to deny routine earth
station applications, or other pleadings in response to routine earth station applications, must also
file electronically.9
4. In the Second Further Notice, the Commission proposed extending electronic filing
requirements to all pleadings and other filings governed by Part 25 of the Commission's rules.10
The Commission noted that electronic filing should enable it to act on applications more quickly.11
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.12 The Commission also proposed requiring DARS
applicants to file applications on Schedule S.13 The Commission adopted Schedule S in its
current form in the Third Space Station Reform Order, 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.14 Schedule S is
required of all space station applicants other than DARS applicants.15
5. 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.16 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
7

First Space Station Reform Order, 18 FCC Rcd at 10853 (para. 247).

Third Part 25 Earth Station Order, 18 FCC Rcd at 13509 (para. 64).

Third Part 25 Earth Station Order, 18 FCC Rcd at 13510 (paras. 68-70).

Second Further Notice, 18 FCC Rcd at 13515 (para. 84).

Second Further Notice, 18 FCC Rcd at 13515 (para. 84), citing Part 25 Earth Station
NPRM, 15 FCC Rcd at 25153 (para. 76).
12

Second Further Notice, 18 FCC Rcd at 13515 (para. 84).

Third Space Station Reform Order, 18 FCC Rcd at 13490 (para. 7).

Third Space Station Reform Order, 18 FCC Rcd at 13493 (para. 15).

Sirius Comments at 2-3.

Federal Communications Commission

FCC 04-92

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.
6. Sirius also argues that the edit checks in Schedule S should allow applicants to
respond "Not Applicable" or "N/A" where appropriate.17 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
7. Background. In the Second Space Station Reform Order, 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.18 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;19
(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;
(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.20
The Commission also noted that, because DBS and DARS were not included in the Space Station
Reform NPRM,21 the streamlined procedure for satellite fleet management modifications adopted

Sirius Comments at 3-4.

Second Space Station Reform Order, 18 FCC Rcd at 12509-11 (paras. 6-9).

Thus, the relocated satellite must be operated in the same frequency bands in which the
original satellite was authorized to operate.
20

See Second Space Station Reform Order, 18 FCC Rcd at 12511 (para. 9).

Space Station Reform NPRM, 17 FCC Rcd at 3850 n.4.

Federal Communications Commission

FCC 04-92

in the Second Space Station Reform Order was limited to modifications of satellite licenses other
than DBS and DARS.22
8. In the Second Further Notice, the Commission proposed to extend the satellite fleet
management modification procedure to DBS and DARS licenses.23 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.24
9. 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.25 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.26
The Commission also invited parties to recommend other possible certification requirements.27
10. 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.
11. We also adopt the proposals in the Second Further Order 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 Section 25.148(c) of the Commission's rules.28 These certifications are necessary
22

See 47 C.F.R. § 25.118(e).

Second Further Notice, 18 FCC Rcd at 13515 (para. 85).

Second Further Notice, 18 FCC Rcd at 13515 (para. 85), citing 47 C.F.R. § 25.148(c).

Second Further Notice, 18 FCC Rcd at 13515 (para. 85).

"Those entities acquiring DBS authorizations after January 19, 1996, or who after
January 19, 1996 modify a previous DBS authorization to launch a replacement satellite, must provide DBS
service to Alaska and Hawaii where such service is technically feasible from the authorized orbital
location. This requirement does not apply to DBS satellites authorized to operate at the 61.5° W.L. orbital
location. DBS applicants seeking to operate from locations other than 61.5° W.L. who do not provide
service to Alaska and Hawaii, must provide technical analyses to the Commission demonstrating that such
service is not feasible as a technical matter, or that while technically feasible such services would require so
many compromises in satellite design and operation as to make it economically unreasonable." 47 C.F.R. §
25.148(c).

Federal Communications Commission

FCC 04-92

to ensure that DBS fleet management modifications are consistent with the public interest,
convenience, and necessity.
12. Sirius states that it does not oppose the fleet management proposal for GSO DARS
systems.29 Accordingly, we revise the streamlined modification procedure for fleet management
so that it also applies to DARS space stations. Moreover, in the Second Further Notice, 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 Order30 and listed above in this Order. 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
13. 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.31 Sirius
argues that in-orbit spares enables licensees to replace decommissioned satellites promptly.32
Sirius also claims that this is comparable to the fleet management procedure for GSO satellites.33
No reply comments were filed on Sirius's proposal.
14. 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

Sirius Comments at 4.

Second Space Station Reform Order, 18 FCC Rcd at 12511 (para. 9); 47 C.F.R. §
25.118(e)(1) through (7).
31

Sirius Comments at 4-5.

Sirius Comments at 5.

Federal Communications Commission

FCC 04-92

need to seek a modification of its license. This is consistent with provisions that the Commission
adopted for NGSO FSS licensees in the Ku-band34 and Ka-band.35
15. 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.
IV. CONCLUSION
16. 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.36 Finally, 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.
V. PROCEDURAL MATTERS
17. Final Regulatory Flexibility Certification. The Regulatory Flexibility Act of 1980,
as amended (RFA)37 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."38 The RFA generally defines "small entity" as having
the same meaning as the terms "small business," "small organization," and "small governmental
jurisdiction."39 In addition, the term "small business" has the same meaning as the term "small
business concern" under the Small Business Act.40 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).41
34

See 47 C.F.R. § 25.146(m), adopted in The Establishment of Policies and Service Rules
for the Non-Geostationary Satellite Orbit, Fixed Satellite Service in the Ku-Band, Report and Order and
Further Notice of Proposed Rulemaking, IB Docket No. 01-96, 17 FCC Rcd 7841 (2002).
35

See 47 C.F.R. § 25.145(k), adopted in The Establishment of Policies and Service Rules
for the Non-Geostationary Satellite Orbit, Fixed Satellite Service in the Ka-Band, Report and Order, 18
FCC Rcd 14708 (2003).
36

See Second Space Station Reform Order, 18 FCC Rcd at 12511 (para. 9).

The RFA, see § 5 U.S.C. S 601 et. seq., has been amended by the Contract With America
Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA
is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
38

5 U.S.C. § 605(b).

5 U.S.C. § 601(6).

5 U.S.C. § 601(3) (incorporating by reference the definition of "small business
concern" in Small Business Act, 15 U.S.C. § 632).
7

Federal Communications Commission

FCC 04-92

18. 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).
19. 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 2002.42 The
Commission has determined that this information collection does not affect individuals or
household; thus, there are no impacts under the Privacy Act.
VI. ORDERING CLAUSES
20. 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.
21. IT IS FURTHER ORDERED that Part 25 of the Commission’s rules IS AMENDED
as set forth in Appendix A.
22. IT IS FURTHER ORDERED that the revisions to Sections 25.113 and 25.118(e)
adopted in this Order will be effective 30 days after a summary of this Order is published in the
Federal Register.
23. IT IS FURTHER ORDERED that all rule revisions adopted in this Order other than
the revisions to Sections 25.113 and 25.118(e) will be effective 30 days after an additional notice
is published in the Federal Register announcing the effective date of these rules.

Small Business Act, 15 U.S.C. § 632.

5 U.S.C. § 552a.

Federal Communications Commission

FCC 04-92

24. 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.
FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch
Secretary

Federal Communications Commission

FCC 04-92

APPENDIX A
RULE CHANGES
For the reasons discussed above, the Federal Communications Commission amends title 47 of the
Code of Federal Regulations, part 25, as follows:
PART 25 -- SATELLITE COMMUNICATIONS
1. 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. Sections 154, 301, 302, 303, 307, 309, 332,
unless otherwise noted.
2. Amend Section 25.110 to read as follows:
§ 25.110 Filing of Applications, fees, and number of copies.
(a) You can obtain application forms for this part by going online at 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.
(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
(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
subpart G of part 1 of this chapter.
3. Amend § 25.113 by revising the introductory language in paragraph (g) and adding paragraph
(h) to read as follows:
§ 25.113 Construction permits, station licenses and launch authority.
*****
(g) Except as set forth in paragraph (h), 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

Federal Communications Commission

FCC 04-92

license. However, an application for authority to launch and operate an on-ground spare satellite
will be considered pursuant to the following procedures:
(1) * * *
*****
(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 Section 25.114(e) of this Part, or any other satellite blanket licensing provision
in this Part. However, the licensee shall notify the Commission within 30 days of bringing the inorbit 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.
4. Amend Section 25.114 by revising paragraph (b) to read as follows:
§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.
*****
5. Amend Section 25.115 by revising paragraph (a) to read as follows:
§ 25.115 Application for earth station authorizations.
(a)(1) Transmitting earth stations. Except as provided under Section 25.113(b) of this Chapter,
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 Section 25.130, except as set forth
in paragraph (a)(2).
(2) In cases where an application is for a transmitting earth station facility that will (i) transmit in
the 3700-4200MHz and 5925-6425 MHz band, and/or the 11.7-12.2 GHz and 14.0-14.5 GHz
band, and (ii) meet all the applicable technical specifications set forth in Part 25 of this Chapter,
the applicant is required to file on Form 312EZ to the extent that form is available. If Form
312EZ is not available, such earth station license applicants must file on FCC Form 312, Main
Form and Schedule B, and include the information specified in Section 25.130.
(3) Applications for earth station authorizations must be filed in accordance with the pleading
limitations, periods and other applicable provisions of §§ 1.41 through 1.52 of this chapter, except
that such earth station applications must be filed electronically through the International Bureau
11

Federal Communications Commission

FCC 04-92

Filing System (IBFS) in accordance with the applicable provisions of Part 1, Subpart Y of this
Chapter;
6. Amend § 25.116 by revising paragraph (e) to read as follows:
§ 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.
7. Amend § 25.117 by revising the introductory language of paragraph (c) to read as follows:
§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 § 25.133 for earth station authorization or § 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:
*****
8. Amend Section 25.118 by revising the introductory language in paragraph (a), the introductory
language of paragraph (e), and adding paragraphs (e)(8) and (e)(9), to read as follows:
§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 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:
12

Federal Communications Commission

FCC 04-92

(1) * * *
(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 Section 25.148(c).
9. Amend Section 25.130 by revising paragraph (a) to read as follows:
§ 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 Section 25.115(a) of this
Chapter. 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.
*****
10. Amend Section 25.131 by revising paragraph (a) to read as follows:
§ 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) of this
Chapter, 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.
*****
11. Amend Section 25.154 by revising paragraphs (a)(3), (c), and (d), to read as follows:
§ 25.154 Opposition to applications and other pleadings.
(a) * * *
(3) Filed in accordance with the pleading limitations, periods and other applicable provisions of
§§ 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 §§ 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,
13

Federal Communications Commission

FCC 04-92

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 §§ 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.

File Type	application/pdf
File Title	Microsoft Word - 37561
Author	edocslib
File Modified	2004-04-16
File Created	2004-04-16