cartome.org

27 June 2001

Source: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-16189-filed

    [Federal Register: June 27, 2001 (Volume 66, Number 124)]
    [Proposed Rules]
    [Page 34140]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr27jn01-32]

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    FEDERAL COMMUNICATIONS COMMISSION

    47 CFR Part 25

    [IB Docket 01-96; FCC 01-134]

    Policies and Service Rules for the Non-Geostationary Satellite
    Orbit,Fixed Satellite Service in the Ku-Band; Correction

    AGENCY: Federal Communications Commission.

    ACTION: Proposed rule; correction.

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    SUMMARY: This documents corrects one sentence in the preamble to a
    proposed rule published in the Federal Register of June 6, 2001 [below],
    regarding Policies and Service Rules for the Non-Geostationary
    Satellite Orbit, Fixed Satellite Service in the Ku-Band. This
    correction includes the proper radio frequency bands cited in the
    sentence.

    FOR FURTHER INFORMATION CONTACT: J. Mark Young, 202-418-0762.

    Correction

        In proposed rule FR Doc. 01-14141, beginning on page 30361 in the
    issue of June 6, 2001, make the following correction, in the
    ``Summary'' section. On page 30361 in the 3rd column, the first
    sentence is corrected to read as follows: ``The Federal Communications
    Commission (FCC) proposes to decide the means for sharing among
    multiple satellite network licensees in spectrum recently designated
    for the non-geostationary satellite orbit, fixed-satellite service
    (NGSO FSS) in the 10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz
    frequency bands (the Ku-band).''

        Dated: June 21, 2001.
    Federal Communications Commission.
    Magalie Roman Salas,
    Secretary.
    [FR Doc. 01-16189 Filed 6-26-01; 8:45 am]
    BILLING CODE 6712-01-P

Source: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-14141-filed

    [Federal Register: June 6, 2001 (Volume 66, Number 109)]
    [Proposed Rules]
    [Page 30361-30365]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06jn01-31]

    =======================================================================
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    FEDERAL COMMUNICATIONS COMMISSION

    47 CFR Part 25

    [IB Docket 01-96; FCC 01-134]

    Policies and Service Rules for the Non-Geostationary Satellite
    Orbit, Fixed Satellite Service in the Ku-Band

    AGENCY: Federal Communications Commission.

    ACTION: Proposed rule.

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    SUMMARY: The Federal Communications Commission (FCC) proposes to decide
    the means for sharing among multiple satellite network licensees in
    spectrum recently designated for the non-geostationary satellite orbit,
    fixed-satellite service (NGSO FSS) in the 17.7-20.2 GHz and 27.5-31.3
    GHz frequency bands (the Ku-band). The FCC's Notice of Proposed
    Rulemaking (NPRM) seeks comment on four possible sharing options, and
    also seeks comment on proposed blanket earth station licensing for NGSO
    FSS in the Ku-band, and seeks comment on proposed service rules. The
    Commission's goals in opening this satellite service in the Ku-band are
    to promote competition through opportunities for new entrants, to
    expedite the authorization process, and to provide incentives for
    prompt commencement of service to the public using state-of-the-art
    technology.

    DATES: Comments may be filed on or before July 6, 2001. Reply comments
    may be filed on or before August 6, 2001. Comments on the proposed
    information collections may be filed on or before August 6, 2001.

    ADDRESSES: Comments may be filed using the Commission's Electronic
    Comment Filing System (ECFS) or by paper copies. See SUPPLEMENTARY
    INFORMATION for filing instructions, formats and other information
    regarding electronic filing; send paper copies to Federal
    Communications Commission, 445 12th Street, SW., Washington, DC 20554.
    Comments regarding the request for approval of the information
    collection should be submitted to Judy Boley at 445 12th Street, SW.,
    Rm. 1-C804, Washington, DC 20554 or via

    [[Page 30362]]

    internet at jboley@fcc.gov; phone 202-418-0214.

    FOR FURTHER INFORMATION CONTACT: For more information regarding the
    Notice of Proposed Rulemaking contact: J. Mark Young at (202) 418-0762,
    internet: myoung@fcc.gov, International Bureau, Federal Communications
    Commission, Washington, DC 20554. For more information regarding the
    information collections and to submit comments, contact Judy Boley at
    202-418-0214; 445 12th Street SW., Rm. 1-C804, Washington, DC 20554 or
    via internet at jboley@fcc.gov.

    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM
    in IB Docket No. 01-96; FCC 00-134, adopted April 19, 2001 and released
    on May 3, 2001. The complete text of this NPRM is available for
    inspection and copying during normal business hours in the FCC
    Reference Center (Room), 445 12th Street, SW., Washington, DC 20554,
    and also may be purchased from the Commission's copy contractor,
    International Transcription Service, Inc. (ITS, Inc.), 1231 20th
    Street, NW., Washington, DC 20036, (202) 857-3800.

    Summary of Notice of Proposed Rulemaking

        The NPRM describes the technical criteria for the NGSO FSS, and the
    radiofrequency spectrum allocated by the FCC late last year to the NGSO
    FSS in ET Docket No. 98-206, 66 FR 10601 (February 16, 2001). The NPRM
    proposes four spectrum sharing options. The first is ``flexible band
    segmentation,'' which would divide the available spectrum into equal
    blocks to be assigned to particular licensees. The second option is
    ``dynamic band segmentation,'' under which the available spectrum is
    divided equally by the number of satellite systems transmitting and
    receiving signals in their intended orbit. The third sharing option,
    ``avoidance of in-line interference events,'' allows all systems to
    operate in the entire available spectrum, so long as they avoid
    interfering with each others' systems, by means of calculating those
    occasions when their satellites and earth stations are aligned so as to
    create interference. Under the fourth sharing option, ``homogeneous
    constellations,'' the FCC would adopt one or more unifying
    constellation designs to accommodate all licensees. The NPRM also asks
    commenters to suggest variations or alternatives to the four options
    proposed.
        In addition, the NPRM proposes to allow blanket licensing of NGSO
    FSS earth stations, but only in specified frequency bands. The NPRM
    also requires NGSO FSS applicants to demonstrate compliance with power
    limitations adopted by the Commission when it allocated spectrum to the
    NGSO FSS in December 2000.
        Finally, the NPRM reviews and seeks comment on each proposed
    service rule for the NGSO FSS in the Ku-band frequencies. The proposed
    service rules include coverage area requirements, system license and
    license terms, FCC regulatory classification as common carrier or non-
    common carrier, system implementation milestones, regulatory reporting
    requirements, international coordination, and a prohibition on the sale
    of a bare license for a profit. The NPRM also proposes to require that
    NGSO FSS applicants disclose their plans to mitigate orbital debris.

    Initial Regulatory Flexibility Certification

        The Regulatory Flexibility Act (RFA),\1\ requires that a regulatory
    flexibility analysis be prepared for notice and comment rulemaking
    proceedings unless the agency certifies that ``the rule will not, if
    promulgated, have a significant economic impact on a substantial number
    of small entities.'' \2\ The RFA generally defines ``small entity'' as
    having the same meaning as the terms ``small business,'' ``small
    organization,'' and ``small governmental jurisdiction.'' \3\ In
    addition, the term ``small business'' has the same meaning as the term
    ``small business concern'' under the Small Business Act.\4\ A small
    business concern is one which: (a) is independently owned and operated;
    (b) is not dominant in its field of operation; and (c) satisfies any
    additional criteria established by the Small Business Administration
    (SBA).\5\
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        \1\ The RFA, 5 U.S.C. 601 et seq., has been amended by the
    Contract With America Advancement Act of 1996, Public Law No. 104-
    121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
        \2\ 5 U.S.C 605(b).
        \3\ Id. at Sec. 601(6).
        \4\ Id. at Sec. 601(3) (incorporating by reference the
    definition of ``small business concern'' in Small Business Act, 15
    U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition
    of a small business applies ``unless an agency, after consultation
    with the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register.''
        \5\ Small Business Act, 15 U.S.C. 632.
    ---------------------------------------------------------------------------

        This Notice of Proposed Rulemaking (NPRM) seeks comment on various
    proposals for creating a spectrum assignment approach that would
    accommodate all proposed non-geostationary satellite orbit fixed
    satellite service (NGSO FSS) systems and provide service to consumers
    as quickly as possible. This NPRM also seeks comment on proposals for
    service rules to apply to NGSO FSS systems.\6\ These actions are
    necessary for the Commission to evaluate these proposals and seek
    comment from the public on any other alternatives. The objective of
    this proceeding is to assign the NGSO FSS spectrum in an efficient
    manner and create rules to ensure systems implement their proposals in
    a manner that serves the public interest. We believe that adoption of
    the proposed rules will reduce regulatory burdens and, with minimal
    disruption to existing FCC permittees and licensees, result in the
    continued development of NGSO FSS and other satellite services to the
    public. If commenters believe that the proposed rules discussed in the
    NPRM require additional RFA analysis, they should include a discussion
    of this in their comments.
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        \6\ See paragraphs 50-69, supra.
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        The Commission has not developed a definition of small entities
    applicable to geostationary or non-geostationary satellite orbit fixed-
    satellite or mobile satellite service operators. Therefore, the
    applicable definition of small entity is the definition under the SBA
    rules applicable to Communications Services ``Not Elsewhere
    Classified.'' This definition provides that a small entity is one with
    $11.0 million or less in annual receipts.\7\ This Census Bureau
    category is very broad, and commercial satellite services constitute
    only a subset of the total number of entities included in the category.
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        \7\ 13 CFR 121.201, North American Industry Classification
    System (NAICS) Code 51334.
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        The rules proposed in this NPRM apply only to entities providing
    NGSO FSS. Small businesses will not have the financial ability to
    become NGSO FSS system operators because of the high implementation
    costs associated with satellite systems and services. Since there is
    limited spectrum and orbital resources available for assignment, we
    estimate that only seven applicant entities, whose applications are
    pending, will be authorized by the Commission to provide these
    services.\8\ None of the seven applicants is a small business because
    each has revenues in excess of $11 million annually or has parent
    companies or investors that have revenues in excess of $11 million
    annually.
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        \8\ See paragraph 9, supra.
    ---------------------------------------------------------------------------

        We therefore certify that the rules proposed in this NPRM will not
    apply to any small entities. The Commission's

    [[Page 30363]]

    Office of Public Affairs, Reference Operations Division, will send a
    copy of this NPRM, including this certification, to the Chief Counsel
    for Advocacy of the Small Business Administration. A copy will also be
    published in the Federal Register.

    Procedural Information

        Ex Parte Presentation. This is a permit-but-disclose rulemaking
    proceeding. Ex parte presentations are permitted, provided they are
    disclosed as provided in Commission Rules. See generally 47 CFR 1.1202,
    1.1203, and 1.1206(a).
        Authority. This action is taken pursuant to sections 4(i), 7(a),
    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), 303(c), 303(f), 303(g), and
    303(r).
        Comment. Pursuant to Sections 1.415 and 1.419 of the Commission's
    rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
    before June 18, 2001, and reply comments on or before July 19, 2001.
    Comments may be filed using the Commission's Electronic Comment Filing
    System (ECFS) or by paper copies. See Electronic Filing of Documents in
    Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).
        Comments filed through the ECFS can be sent as an electronic file
    via the Internet to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fcc.gov/e-file/ecfs.html>. Generally,
    only one copy of an electronic submission must be filed. If multiple
    docket or rulemaking numbers appear in the caption of this proceeding,
    however, commenters must transmit one electronic copy of the comments
    to each docket or rulemaking number referenced in the caption. In
    completing the transmittal screen, commenters should include their full
    name, Postal Service mailing address, and the applicable docket or
    rulemaking number. Parties may also submit an electronic comment by
    Internet e-mail. To get filing instructions for e-mail comments,
    commenters should send an e-mail to ecfs@fcc.gov, and should include
    the following words in the body of the message, ``get form your e-mail
    address.'' A sample form and directions will be sent in reply.
        Parties who choose to file by paper must file an original and four
    copies of each filing. All filings must be sent to the Commission's
    Secretary, Magalie Roman Salas, Office of the Secretary, Federal
    Communications Commission, The Portals, 445 Twelfth Street, SW., Room
    TW-A325, Washington, DC 20554.
        Parties who choose to file by paper should also submit their
    comments on diskette. These diskettes should be submitted to:
    Commission's Secretary, Magalie Roman Salas, Office of the Secretary,
    Federal Communications Commission, The Portals, 445 Twelfth Street,
    SW., Room TW-A325, Washington, DC 20554. Such a submission should be on
    a 3.5 inch diskette formatted in an IBM compatible format using
    Microsoft Word for Windows or compatible software. The diskette should
    be accompanied by a cover letter and should be submitted in ``read
    only'' mode. The diskette should be clearly labeled with the
    commenter's name, IB Docket No. 01-96, type of pleading (comment or
    reply comment), date of submission, and the name of the electronic file
    on the diskette. The label should also include the following phrase
    ``Disk Copy--Not an Original.'' Each diskette should contain only one
    party's pleading, preferably in a single electronic file. In addition,
    commenters must send diskette copies to the Commission's copy
    contractor, International Transcription Service, Inc., 1231 20th
    Street, NW., Washington, DC 20037.

    Ordering Clauses

        Pursuant to Sections 4(i), 7(a), 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), 303(c), 303(f), 303(g), and 303(r), this Notice of Proposed
    Rulemaking is hereby adopted.
        The Commission's Consumer Information Bureau, Reference Information
    Center, SHALL SEND a copy of this Notice of Proposed Rulemaking,
    including the Initial Regulatory Flexibility Analysis to the Chief
    Counsel for Advocacy of the Small Business Administration.

    Paperwork Reduction Act

        The Federal Communications Commission, as part of its continuing
    effort to reduce paperwork burden invites the general public and other
    Federal agencies to take this opportunity to comment on the following
    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 (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 estimate; (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.
        OMB Approval Number: New (3060-XXXX).
        Title: NGSO FSS Satellite Service.
        Form No.: NA.
        Type of Collection: New Collection.
        Respondents: Business or other for-profit.
        Number of Respondents: 107.
        Estimated Time for Response: 3 hours.
        Total Annual Burden: 321 hours.
        Needs and Uses: The information will be used by the Federal
    Communications Commission (FCC) and interested members of the public to
    ensure compliance with the rules adopted for the NGSO FSS satellite
    service. Specifically, the rules require space station applicants to
    submit certifications of compliance with specific technical operating
    requirements adopted for this service. The rules require space station
    licensees to file annual reports indicating progress of system
    implementation and identifying any system failures, delays or
    difficulties. In addition, entities granted blanket earth station
    licenses are required to report the number stations brought into use
    each year. These rules will allow the Commission to grant licenses in
    compliance with the technical rules of this service and to ensure
    continued compliance by licensees. Without such information, the FCC
    could not determine whether satellite licenses are operating in
    conformance with its rules.

    List of Subjects in 47 CFR Part 25

        Satellites.

    Federal Communications Commission.
    William F. Caton,
    Deputy Secretary.

    Rule Changes

        For the reasons discussed in the preamble, the Federal
    Communications Commission proposes to amend 47 CFR 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 Section 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.

    [[Page 30364]]

        2. Section 25.115 is amended by adding a new paragraph (f) to read
    as follows:

    Sec. 25.115  Application for earth station authorizations.

    * * * * *
        (f) User transceivers in the non-geostationary satellite orbit
    fixed-satellite service (NGSO FSS) service in the 11.7-12.2 GHz, 12.2-
    12.7 GHz and 14.0-14.5 GHz bands need not be individually licensed.
    Service vendors may file blanket applications for transceiver units
    using FCC Form 312, Main Form and Schedule B, and shall specify the
    number of terminals to be covered by the blanket license. Each
    application for a blanket license under this section shall include the
    information described in Sec. 25.146.
        3. Section 25.146 is amended by adding paragraphs (g) through (p)
    to read as follows:

    Sec. 25.146  Licensing and operating authorization provisions for the
    non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in
    the bands 10.7 GHz to 14.5 GHz.

    * * * * *
        (g) System license. Applicants authorized to construct and launch a
    system of technically identical non-geostationary satellite orbit fixed
    satellite service satellites will be awarded a single ``blanket''
    license covering a specified number of space stations to operate in a
    specified number of orbital planes.
        (h) In addition to providing the information specified in
    Sec. 25.114 above, each NGSO FSS applicant shall provide the following:
        (1) A demonstration that the proposed system is capable of
    providing fixed-satellite services on a continuous basis throughout the
    fifty states, Puerto Rico and the U.S. Virgin Islands, U.S.; and
        (2) A demonstration that the proposed system be capable of
    providing fixed-satellite services to all locations as far north as 70
    deg. latitude and as far south as 55 deg. latitude for at least 75% of
    every 24-hour period; and
        (3) Sufficient information on the NGSO FSS system characteristics
    to properly model the system in computer sharing simulations,
    including, at a minimum, NGSO hand-over and satellite switching
    strategies, NGSO satellite beam patterns, NGSO satellite antenna
    patterns and NGSO earth station antenna patterns. In particular, each
    NGSO FSS applicant must explain the switching protocols it uses to
    avoid transmitting while passing through the geostationary satellite
    orbit arc, or provide an explanation as to how the power-flux density
    limits in Sec. 25.208 are met without using geostationary satellite
    orbit arc avoidance. In addition, each NGSO FSS applicant must provide
    the orbital parameters contained in Section A.3 of Annex 1 to
    Resolution 46. Further, each NGSO FSS applicant must provide a
    sufficient technical showing to demonstrate that the proposed non-
    geostationary satellite orbit system meets the power-flux density
    limits contained in Sec. 25.208, as applicable; and
        (4) A description of the design and operational strategies that it
    will use, if any, to mitigate orbital debris. Each applicant must
    submit a casualty risk assessment if planned post-mission disposal
    involves atmospheric re-entry of the spacecraft.
        (i) Considerations involving transfer or assignment applications.
    (1) ``Trafficking'' in bare licenses issued pursuant to paragraph (g)
    of this section is prohibited.
        (2) The Commission will review a proposed transaction to determine
    if the circumstances indicate trafficking in licenses whenever
    applications (except those involving pro forma assignment or transfer
    of control) for consent to assignment of a license, or for transfer of
    control of a licensee, involve facilities licensed pursuant to
    paragraph (g) of this section. At its discretion, the Commission may
    require the submission of an affirmative, factual showing (supported by
    affidavits of a person or persons with personal knowledge thereof) to
    demonstrate that no trafficking has occurred.
        (j) Prohibition of certain agreements. No license shall be granted
    to any applicant for a NGSO system in the fixed-satellite service
    operating in the 10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz
    frequency bands if that applicant, or any persons or companies
    controlling or controlled by the applicant, shall acquire or enjoy any
    right, for the purpose of handling traffic to or from the United
    States, its territories or possession, to construct or operate space
    segment or earth stations, or to interchange traffic, which is denied
    to any other United States company by reason of any concession,
    contract, understanding, or working arrangement to which the Licensee
    or any persons or companies controlling or controlled by the Licensee
    are parties.
        (k) Implementation milestone schedule. Each NGSO FSS licensee in
    the 10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands
    will be required to enter into a non-contingent satellite manufacturing
    contract for the system within one year of authorization, to complete
    critical design review within two years of authorization, to begin
    physical construction of all satellites in the system within two and a
    half years of authorization, to complete construction and launch of the
    first two satellites within three and a half years of grant, and to
    launch and operate its entire authorized system within six years of
    authorization.
        (l) Reporting requirements. All NGSO FSS licensees in the 10.7-12.7
    GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands shall, on June
    30 of each year, file a report with the International Bureau and the
    Commission's Laurel, Maryland field office containing the following
    information:
        (1) Status of space station construction and anticipated launch
    date, including any major problems or delay encountered;
        (2) Identification of any space station(s) not available for
    service or otherwise not performing to specifications, the cause(s) of
    these difficulties, and the date any space station was taken out of
    service or the malfunction identified.
        (m) Financial requirements. Each NGSO FSS applicant must
    demonstrate, on the basis of the documentation contained in its
    application, that it is financially qualified to meet the estimated
    costs of the construction and launch of all proposed space stations in
    its system and the estimated operating expenses for one year after the
    launch of the initial system. Financial qualifications must be
    demonstrated in the form specified in Sec. 25.140(c) and (d). In
    addition, applicants relying on current assets or operating income must
    submit evidence that those assets are separate and apart from any
    funding necessary to construct or operate any other licensed satellite
    system. Failure to make such a showing will result in the dismissal of
    the application.
        (n) Replacement of space stations within the system license term.
    Licensees of NGSO FSS systems in the 10.7-12.7 GHz, 12.75-13.25 GHz and
    13.75-14.5 GHz frequency bands authorized through a blanket license
    pursuant to paragraph (g) of this section need not file separate
    applications to launch and operate technically identical replacement
    satellites within the term of the system authorization. However, the
    licensee shall certify to the Commission, at least thirty days prior to
    launch of such replacement(s) that:
        (1) The licensee intends to launch a space station into the
    previously-authorized orbit that is technically identical to those
    authorized in its system authorization and
        (2) Launch of this space station will not cause the licensee to
    exceed the

    [[Page 30365]]

    total number of operating space stations authorized by the Commission.
        (o) In-orbit spares. Licensees need not file separate applications
    to operate technically identical in-orbit spares authorized as part of
    the blanket license pursuant to paragraph (g) of this section. However,
    the licensee shall certify to the Commission, within 10 days of
    bringing the in-orbit spare into operation, that operation of this
    space station did not cause the licensee to exceed the total number of
    operating space stations authorized by the Commission.
        (p) Earth station reporting. Licensees shall submit to the
    Commission a yearly report indicating the number of earth stations
    actually brought into service under its blanket licensing authority.
    The annual report is due to the Commission no later than the first day
    of April of each year and shall indicate the deployment figures for the
    preceding calendar year.

    [FR Doc. 01-14141 Filed 6-5-01; 8:45 am]
    BILLING CODE 6712-01-P