View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

FCC RIN: 3060-AH98 Publication ID: Fall 2008 
Title: Space Station Licensing Reform (IB Docket No. 02-34) 
Abstract: The Commission has adopted a Notice of Proposed Rulemaking to streamline its procedures for reviewing satellite license applications. Currently, the Commission uses processing rounds to review those applications. In a processing round, when an application is filed, the International Bureau (Bureau) issues a public notice establishing a cut-off date for other mutually exclusive satellite applications, and then considers all those applications together. In cases where sufficient spectrum to accommodate all the applicants is not available, the Bureau directs the applicants to negotiate a mutually agreeable solution. Those negotiations usually take a long time, and delay provision of satellite services to the public. The NPRM invites comment on two alternatives for expediting the satellite application process. One alternative is to replace the processing round procedure with a "first-come, first-served" procedure that would allow the Bureau to issue a satellite license to the first party filing a complete, acceptable application. The other alternative is to streamline the processing round procedure by adopting one or more of the following proposals: (1) Placing a time limit on negotiations; (2) establishing criteria to select among competing applicants; (3) dividing the available spectrum evenly among the applicants. In the First Report and Order in this proceeding, the Commission determined that different procedures were better-suited for different kinds of satellite applications. For most geostationary orbit (GSO) satellite applications, the Commission adopted a first-come, first-served approach. For most non-geostationary orbit (NGSO) satellite applications, the Commission adopted a procedure in which the available spectrum is divided evenly among the qualified applicants. The Commission also adopted measures to discourage applicants from filing speculative applications, including a bond requirement, payable if a licensee misses a milestone. The bond amounts originally were $5 million for each GSO satellite, and $7.5 million for each NGSO satellite system. These were interim amounts. Concurrently with the First Report and Order, the Commission adopted an FNPRM to determine whether to revise the bond amounts on a long-term basis. In the Second Report and Order, the Commission adopted a streamlined procedure for certain kinds of satellite license modification requests. In the Third Report and Order in this proceeding, the Commission adopted a standardized application form for satellite licenses, and adopted a mandatory electronic filing requirement for certain satellite applications. In the Fourth Report and Order in this proceeding, the Commission extended the mandatory electronic filing requirement to all satellite applications. In the Fifth Report and Order in this proceeding, the Commission revised the bond amounts based on the record developed in response to FNPRM. The bond amounts are now $3 million for each GSO satellite, and $5 million for each NGSO satellite system. 
Agency: Federal Communications Commission(FCC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 47 CFR 25.114    47 CFR 25.137    47 CFR 25.157 and 25.158   
Legal Authority: 47 USC 154(i)    47 USC 157    47 USC 303(c)    47 USC 303(g)    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/19/2002  67 FR 12498   
NPRM Comment Period End  07/02/2002    
Second R&O (Release Date)  06/20/2003  68 FR 62247   
Second FNPRM (Release Date)  07/08/2003  68 FR 53702   
Third R&O (Release Date)  07/08/2003  68 FR 63994   
FNPRM  08/27/2003  68 FR 51546   
First R&O  08/27/2003  68 FR 51499   
FNPRM Comment Period End  10/27/2003    
Fourth R&O (Release Date)  04/16/2004  69 FR 67790   
Fifth R&O, First Order on Recon (Release Date)  07/06/2004  69 FR 51586   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Steven Spaeth
Assistant Division Chief
Federal Communications Commission
International Bureau, 445 12th Street SW.,
Washington, DC 20554
Phone:202 418-1539
Fax:202 418-0748
Email: steven.spaeth@fcc.gov