WPCJ& 2BJ Z Courier#|x'2x6X@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oe@26FK#|j'CourierTimes New Romanditional)HL4MPCAD.PRSx  @\b@"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2/ X,hAZ<?xxx,2x6X@`7X@7jC:,Xj\  P6G;XP6 ZFK#|j'HP LaserJet 4M (PCL) (Additi)HL4MPCAD.PRSx  @\b@"i~'K,H6X@`7h@7gC9,eXg\  PAXP7nC:,|Xn4  pG;X?xxx,4x `7X2Ka v p"k"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddinternational public telecommunications services under these conditions.d|  X$- v #Xj\  P6G;9XP#э Establishment of Satellite Systems Providing International Communications, 101 F.C.C.2d  X%- d(#1046 (1985)("Separate Systems Decision"), recon., 61 RR2d 649 (1986), further recon., 1 F.C.C. Rcd 439 (1986). d At the time, we  d(#recognized that some of the proposed separate system satellites were to be configured in such a"e 0*(("  X- d(#way as to permit the satellite to be switched from international use to primarily domestic use. Xy-#Xj\  P6G;9XP#эSeparate Systems Decision, 101 F.C.C.2d 1172, note 162.#Xj\  P6G;9XP#Ѷ  d(#Since many of the orbital positions requested by separate systems applicants were deemed to be  d(#critical, limited resources for the provision of particular international services, we decided we  d(#xwould not permit separate systems operators to divert this capacity for domestic communications.  d(#Further, because the Commission's financial and technical requirements for domsats were  d(#different than those for separate systems, we wanted to ensure that those providing domestic  Xv-service met the domsat requirements.vy X -#Xj\  P6G;9XP#э#Xj\  P6G;9XP#Id. See paras. 2629, infra for a discussion of these qualification requirements.  XH- v  12. Nevertheless, we permitted separate system licensees to provide domestic service  X1- d(#within the U.S. on an "ancillary" basis.1* X -#Xj\  P6G;9XP#эSeparate Systems Decision, recon., 61 RR2d at 667. This permits licensees to use their separate system  d(#facilities for domestic communications that are reasonably related to their use of the facilities for  d(#-international communications. This was intended to accommodate those international customers  X -who have limited domestic communications needs related to their international uses.v  Xx- v !#Xj\  P6G;9XP#эId. For example, a U.S. video user or reseller may desire to bring in from Europe an end d(#\ofday raw news feed at about noon U.S. time for editing and then retransmit the European d(#originated tape to U.S. receive points five or six hours later for evening newscasts in the U.S.  d(#Similarly, a Los Angelesbased program producer may wish to use a separate system to transmit  d(#Nprogramming at 9:00 p.m. west coast time to New York (midnight east coast time) and to transmit at a later hour for receipt in Europe.  X -C. Recent Developments.  X- v 0 13. Since we first began to license separate systems, Intelsat has continued to evaluate  d(#the risk of economic harm posed by these systems and has concluded that the provision of limited  d(#switched services over systems consulted under Article XIV(d) would not cause it significant  XK-economic harm.K  X- v _#Xj\  P6G;9XP#эMost recently, the Nineteenth Assembly of Parties of Intelsat determined that the  d(#interconnection of up to 8,000 64kbps equivalent circuits via each separate system satellite would  d(#ynot cause significant economic harm to the Intelsat system. The Executive Branch has not yet notified the Commission that the Separate Systems Policy should be modified accordingly. The Executive Branch advised us to modify our Separate Systems Policy"K0*((+"  d(#accordingly. The cumulative effect of these modifications is a phased relaxation of the  d(#restrictions against interconnection with the PSNfrom no circuits in 1985 to 8,000 circuits today  X-ԩwith a goal of complete elimination of all interconnection restrictions by January 1997.b  XK- v #Xj\  P6G;9XP#эSee Letter from Thomas J. Murrin, Deputy Secretary of Commerce, and Lawrence S.  d(#Eagleburger, Deputy Secretary of State, to F.C.C. Chairman Alfred C. Sikes (December 14,  d(#j1990)(100 64kbps circuits consistent with U.S. obligations). Letter from James Baker, Secretary  d(#of State, and Robert Mosbacher, Secretary of Commerce, to F.C.C. Chairman Sikes (November  d(#L27, 1991) (interconnection of private lines to the PSN consistent with U.S. obligations and U.S.  d(#=goal of complete elimination of PSN interconnection restrictions by January 1997). Letter from  d(#Bradley P. Holmes, United States Coordinator for International Communications and Information  d(# Policy, Department of State, and Gregory L. Chapados, Assistant Secretary, Department of  d(#zCommerce, to F.C.C. Chairman Sikes (January 8, 1993)(1,250 64kbps circuits consistent with  X| - d(#yU.S. obligations). See also Permissible Services of U.S. Licensed International Communications  d(#zSatellite Systems Separate from the International Telecommunications Satellite Organization  XN- d(#(Intelsat), 7 F.C.C. Rcd 2313 (1992), further modification, 9 F.C.C. Rcd 347 (1994); Alpha  X7- d(#{Lyracom d/b/a Pan American Satellite, et al., 9 F.C.C. Rcd 1282 (1994)("PAS Modification  X -Order"). b  X- v | 14. As for the Transborder Policy, the Departments of State and Commerce informed  d(#the Commission in 1991 that: "[t]o the extent these modified [interconnection] criteria relax  d(#jrestrictions imposed for international use of domestic satellites, they may also be used in place  X_- d(#of the conditions identified by the [Buckley Letter]._N X^- v #Xj\  P6G;9XP#эLetter from James Baker, Secretary of State, and Robert Mosbacher, Secretary of Commerce, to F.C.C. Chairman Alfred C. Sikes (November 27, 1991). Further, in its January 8, 1993 letter  d(#iadvising the Commission that an increased number of interconnected circuits should be permitted  d(#/under the Separate Systems Policy, the Executive Branch noted that its policy modification  d(#"supersedes the conditions identified by the [Buckley Letter] concerning international use of  d(#domestic satellites, as did the November 27, 1991 letter. The criteria set forth in the [Buckley  d(#Letter] will continue to be applicable only for public switched services above the [then  X -applicable] twelvehundred and fifty circuit threshold."  Xn- v #Xj\  P6G;9XP#эLetter from Bradley P. Holmes, United States Coordinator for International  d(#Communications and Information Policy, Department of State, and Gregory L. Chapados,  d(#Assistant Secretary for Communications and Information, Department of Commerce, to F.C.C. Chairman Alfred C. Sikes (January 8, 1993). " T0*(( "  v l15. Most recently, we have received three applications that have prompted us to initiate  d(#this proceeding. Hughes seeks to modify its current authority to operate its hybrid (combined C  d(#and Kuband) domestic satellite known as Galaxy III(H), located at 95- W.L., to permit  d(#switchable coverage of either the United States or Mexico, the Caribbean and Latin America until  X- d(#<its proposed separate system satellite is authorized.{ X-#Xj\  P6G;9XP#эApplication File No. CSS94014ML.{ Hughes also seeks authority to use its Ku X- d(#band capacity for international fixed satellite services. Columbia seeks modification of its  d(#-existing authority to operate its separate international satellite system consisting of two satellites  X_- d(#$located at 174$ W.L. and 41$ W.L. in order to provide a full range of domestic  XH- d(#telecommunications services zHy Xr -#Xj\  P6G;9XP#эApplication File No. CSS94020MLz Orion requests modification of its authorization to operate its  X1- d(#international satellite located at 37.5$ W.L. (Orion 1) to provide a full range of domestic  d(#communications services, including switched services, using six of its thirtyfour Kuband  X -transponders.{ * X-#Xj\  P6G;9XP#эApplication File No. CSS95001ML.{ We expect to receive additional applications requesting similar authority.  X -YIII. DISCUSSIONă  X - v 16. Since our Transborder and Separate Systems Policies were developed in the 1980s,  d(#there has been an increasing trend towards a globalized economy. Corporations are becoming  d(#increasingly multinational in character, including most of the major U.S. corporations. The  d(#xcommunications requirements of these corporations have changed accordingly, reflecting a desire  d(#ifor "onestop" shopping. Users whose communications requirements were once wholly domestic  d(#now find they need international space segment capacity to satisfy privateline and other twoway  d(#<service requirements. Yet their current service providersdomsatsmay not be able to meet these  d(#needs under the Transborder Policy. Similarly, separate system customers might be unable to  d(#serve U.S. domestic locations because of the "ancillary" service restriction in our Separate  X- d(#lSystems Policy. Although we could attempt to address these situations through ad hoc  d(#-expansions of Transborder and Separate Systems Policies, we do not believe that the uncertainty and possible delay associated with our current policies benefit U.S. users or service providers.  X|- v !17. Given the globalization of communications needs, we do not believe it advisable to  d(#administer two separate policies when U.S. space station operators seek to offer similar services  d(#/to similar geographic areas. Rather, we believe the public interest would be best served by  d(#modifying our policies to reflect the global nature of the telecommunications needs today. The  d(#yrecent letters from the Executive Branch provide a basis for pursuing changes that will result in  d(#all U.S.licensed satellites being governed by the same policy guidelines. We therefore propose  d(#to eliminate the Transborder Policy in its entirety, including the Buckley Letter criteria, and to  d(#treat all U.S. domestic fixedsatellite licensees on the same basis as U.S. separate international  d(#satellite system licensees, allowing them to provide both domestic and international communications, subject to the modifications to the Separate Systems Policy proposed here. "! 0*(( "Ԍ X-ԙA. Elimination of the Transborder Policy.  X- v m 18. The Separate Systems Policy currently permits U.S. separate systems licensees to  d(#=provide internationally: (1) all services not interconnected with the PSN (including privateline  d(#services and video and audio transmission services); (2) up to 1,250 64kbps equivalent circuits  d(#interconnected with the PSN per satellite; (3) emergency restoration services; and (4) private line  d(#services interconnected with the PSN, which permit private line customers to use a single system  d(#of customer premises equipment (both telephone and computer) to access a mix of switched and  d(#nonswitched telecommunications services. We propose to eliminate the Buckley Letter criteria  d(#to permit domsat licensees to also provide these international services without regard to whether  d(#[these services are incidental to an existing domestic network or whether Intelsat could provide  d(#xthe service. Consequently, subject to the approval of the affected foreign country and successful  X - d(#consultation with Intelsat and ITUi  Xe - v #Xj\  P6G;9XP#эThe ITU (International Telecommunications Union) is a specialized agency of the United  d(#ANations whose goal is to promote international cooperation in the efficient use of telecommunications, including the use of the radio frequency spectrum. i coordination with other administrations with satellite systems  d(#kthat may be affected, domsats would be able to provide services between the U.S. and non X -contiguous points on the same basis as separate systems. K X- v #Xj\  P6G;9XP#эAny domsat operators that need to change the technical parameters of their proposed or  d(#authorized satellites in order to provide coprimary international service must file a request to amend the application or modify the license under Part 25 procedures. 47 C.F.R. Part 25.  v N19. While the State Department's January 8, 1993 letter suggests that the Buckley Letter  d(#criteria should remain in effect where more than 1,250 circuits are involved, we propose to  d(#yeliminate this benchmark. First, the Buckley Letter never restricted interconnection to the PSN,  d(#and therefore we question whether the number of interconnected circuits was ever relevant in  d(#applying the Transborder Policy. In any event, in light of Intelsat's recent determination that  d(#8,000 circuits per satellite may be interconnected to the PSN without an economic harm  d(#xconsultation, we presume that the State Department would have us use this number as the trigger  d(#for applying the Buckley Letter criteria today. The 8,000 circuit level will allow virtually all of  d(#a satellite's capacity to be used for switched services, making it unlikely that the Buckley Letter  d(#criteria would ever need to be applied. Consequently, we propose to eliminate the Transborder  d(#Policy under all circumstances. We seek comment on these tentative conclusions and on the consistency of our proposal with U.S. obligations under the Intelsat Agreement. "| 0*(("  X-B. Modification of the Separate Systems Policy.  v 20. Although eliminating the Buckley Letter criteria would remove artificial service  d(#limitations on domsats, it would also give domestic satellite providers an advantage over U.S.  d(#separate systems providers without further modifications to the Separate Systems Policy.  d(#iWhereas U.S. domestic satellite system providers would be relatively unfettered in their provision  d(#of domestic and international services, U.S. separate satellite system providers would still be  XH- d(#{limited to the provision of U.S. domestic service on an "ancillary" basis.H X -#Xj\  P6G;9XP#эSeparate Systems Decision, recon., 61 RR2d at 667. Although the  d(#Executive Branch's letters did not specifically address this issue, we believe that a natural  d(#/corollary to subjecting both domestic satellites and separate systems satellites to the same  d(#international service restrictions is to eliminate the restriction that separate systems providers be limited to providing domestic service on an "ancillary" basis.  v 21. We tentatively find that eliminating the "ancillary" restriction on separate systems  d(#ioperators and permitting all U.S.licensed satellite operators to provide domestic and international  d(#/services on a coprimary basis would further the public interest. Permitting all operators to  d(#yprovide the widest range of service offerings technically feasible and consulted by Intelsat will  d(# permit them to use their satellites more efficiently and to provide innovative and customer d(#Ktailored services. This should, in turn, benefit consumers by increasing service options, lowering  d(#\prices, and facilitating the creation of a global information infrastructure. It will also help to  d(#avoid shortages of space segment capacity in the event of a launch failure or other catastrophic  d(#event. The domsat industry is now well established and there is sufficient international satellite  d(#capacity available via Intelsat, U.S. separate systems and nonU.S. satellite systems to satisfy  d(#Kcustomers' needs. We also note that several entities have been licensed to construct, launch and  d(#Loperate satellite systems that will provide mobilesatellite services, together with fixedsatellite  d(#Zservices within the U.S. Thus, we believe that there is no longer any reason to impose restrictions  d(#on either providers of domestic or international satellite capacity outside of the single regulatory scheme we propose.  v 22. Because existing geostationary domestic fixedsatellites occupy orbital locations best  d(#Ksuited for domestic service and separate system satellites occupy orbital locations best suited for  d(#international service, these policy changes are not likely to result in full competition between in X - d(#>orbit domestic and international systems in the near term. y X3"- v #Xj\  P6G;9XP#эIntelsat satellites are located over Atlantic, Pacific and Indian Ocean regions, which are optimal locations from which to provide international services. Newer generations of satellites,  d(#however, can be better configured to provide both international and domestic services on a co d(#primary basis. We believe the policy that we are proposing will give U.S. satellite providers  d(#flexibility to design systems that are most responsive to customer needs and changing market conditions. We seek comment on this tentative conclusion. "" 0*((!"Ԍ X-C. Impact on Intelsat.  v 23. Under our proposal, all satellites providing international service will still require  d(#<consultation with Intelsat under Article XIV(d) to prevent technical or significant economic harm.  d(#Intelsat has already streamlined its Article XIV(d) consultation process in considering the  d(#-economic implications of proposed satellite systems. Intelsat has adopted a presumption that no  d(#economic harm will result from separate systems that provide nonpublic switched services or  d(#[provide no more than 8,000 64kbps equivalent bearer circuits interconnected with the PSN per  d(#satellite for the provision of switched interconnected services. Use of U.S. domsats for these  d(#services should continue to fall well within these benchmarks for a number of reasons. First, the  d(#Lmost significant competition to Intelsat is likely to occur in the provision of pointtopoint and  d(#>other twoway video and data services between the U.S. and other countries, which is now  d(#permitted only with respect to Canada and Mexico. We do not expect these services to include  d(#a significant amount of switched voice services, which remains Intelsat's core revenue base.  d(#-Second, Intelsat has already determined that the use of U.S. domsats for the provision of private d(#Zline and other twoway services between the U.S. and certain Latin American/Caribbean locations  X- d(#will not cause it significant economic harm.  X -#Xj\  P6G;9XP#эSee Intelsat Board of Governors document BG9481 (September 10, 1992). Ĭ Third, although the Transborder Policy has never  d(#restricted interconnection with the PSN, domsat operators have typically not sought to provide  d(#Zswitched services over these systems. Indeed, only one consultation involved switched services  d(#Mand, in that case, the applicant sought to provide interconnection with the PSN only in one  d(#country. Fourth, Intelsat has not been adversely affected by the arrival of other potential  d(#competitors, such as our existing separate systems. In fact, Intelsat's continued evaluation of  d(#separate systems has resulted in determinations that interconnection to the PSN of increased  d(#numbers of separate systems circuits would not result in significant economic harm to it. While  d(#newer generations of geostationary orbit satellites may be better configured to provide both  d(#domestic and international services, all satellites are somewhat constrained by their orbital locations and their footprints.  v 24. Significantly, Intelsat does not recognize a difference between U.S. domestic satellites  d(#and separate system satellites consulted under Article XIV(d) for international services. Rather,  d(#Article XIV(d) requires consultations for satellite systems providing international service  d(#"separate" from Intelsat. Accordingly, we tentatively conclude that U.S. obligations toward  d(#=Intelsat provide no reason to maintain a distinction with respect to our regulatory treatment of these systems.  X-D. Changes to Other Policies and Rules.  X -  v 25. The policy changes we propose will require certain changes to Part 25 of our rules.  d(#Initially, we propose to eliminate all references to "transborder", "domestic", "separate" and  d(#"international" satellite systems. These references are found in Sections 25.110(b), 25.113(b) and  d(#(d), 25.114(c), 25.115(c), 25.117(a), 25.130(d), 25.131(b), (g) and (j), 25.140(a) and (b),"h$ y 0*((F#"  d(#125.202(c), 25.210(e), (f) and (j), 25.211(b) and 25.276(c). We also propose to reconcile  d(#jdifferences in the financial qualification requirements for domsats and separate systems, allow  d(#all U.S.licensed satellite system operators to elect whether they will operate on a common carrier  d(#or noncommon carrier basis, and make modifications to our earth station licensing procedures.  d(#Finally, because the recent changes to Part 25 require separate system operators to meet the same  d(#-technical standards as domsat operators, we propose to eliminate Section 25.210(f) which permits  Xv-exceptions to the technical requirements in accordance with the Separate Systems Decision.!v X-#Xj\  P6G;9XP#эSee 47 C.F.R.  25.210(a)(j) and the proposed rules set forth in Appendix 2.  XH-1. Financial Qualifications.  X - v  26. Domsats and separate systems are now subject to somewhat different financial  d(#qualification standards. The domsat standard requires evidence of full financing before a license  X - d(#>is awarded." y X- v #Xj\  P6G;9XP#эLicensing Space Stations in the DomesticFixed Satellite Service, 50 Fed. Reg. 36071  X- d(#(Sept. 5, 1985) ("1985 Processing Order"). See also 47 C.F.R.  25.140(d) which requires  d(#zdomsat applicants to demonstrate current assets (which includes cash, inventory, accounts  d(#lreceivable) or irrevocably committed external debt or equity financing sufficient to cover  X-construction, launch and first year operating costs.#x6X@`7iX@#њ This stricter standard is based on the Commission's repeated experience that  d(#licensees without sufficient available resources spend a significant amount of time attempting to  d(#raise the necessary financing, and those attempts often end unsuccessfully. Since applications to  d(#implement domsats regularly exceed the number of available orbital locations, the domsat  d(#standard was designed to ensure that a grant to an underfinanced applicant would not delay service to the public by precluding a fully capitalized applicant from implementing its plans.  v 27. While separate satellite system operators must ultimately demonstrate the same level  d(#of financial commitment, they are permitted to make their financial showings in two stages, to  d(#accommodate the unique circumstances applicable to separate systems. Separate systems must  d(#.complete the Intelsat Article XIV(d) consultation process before they are permitted to provide  d(#Kinternational service. However, in order to formally initiate the consultation process, an applicant  d(#must first obtain an agreement from a foreign country to operate with the proposed system. We  d(#Nconcluded that an applicant would need some kind of preliminary authorization from the  d(#Commission in order to procure an agreement with another country. Moreover, we realized that  d(#the uncertainties inherent in this process made it unlikely that an applicant would receive an  d(#irrevocable commitment from any banking or financial institution until the consultation process  Xe-was completed.#e X#-#Xj\  P6G;9XP#эSeparate Systems Decision, 101 F.C.C.2d at 1164. #x6X@`7iX@#Ѱ  v 28. Consequently, we currently issue a conditional construction permit to separate systems  d(#Zapplicants that show: (1) the estimated costs of proposed construction and launch and any other  d(#yinitial expenses for the proposed space station(s); (2) the estimated operating expenses for one"   #0*((["  d(#year after launch of the proposed space station(s); and (3) the source(s) or potential source(s) of  d(#funding of the proposed system for one year, which would include the identity of financiers and  d(#-their letters of financial interest. This permit does not allow applicants to begin construction, but  d(#sets forth the technical parameters of the proposed system to facilitate Article XIV(d) consultation  d(#and to assist applicants in obtaining foreign approvals for proposed system. Upon completion  d(#]of the Intelsat Article XIV(d) process, permittees may apply for final authorization. That  d(#application must include evidence that the permittee satisfies the "domsat" financial standard, that  d(#is, that it has full, committed financing. Permittees not meeting this standard will not receive  XH-licenses.m$H X -#Xj\  P6G;9XP#эId. at 116566.m  X - v 29. We believe the policy changes proposed herein will eliminate the necessity for a two d(#.stage financial qualification showing by any applicant proposing to implement a U.S.licensed  d(#fixedsatellite. Since all U.S.licensed fixed satellites will be permitted to provide domestic and  d(#/international service on a coprimary basis, all applicants should be able to obtain financial  d(#\commitments based on the justified expectation of revenues from the provision of domestic  d(#service. Moreover, the recent changes in the Intelsat Article XIV(d) process have removed most  d(#of the uncertainty with respect to gaining consent from foreign countries and completing  Xy- d(#consultation successfully.%yy X- v #Xj\  P6G;9XP#эUnder current Intelsat consultation procedures, once a satellite is consulted for one  d(#location, it is deemed consulted for all locations as long as its operations are consistent with the  Xu-original technical parameters consulted.#x6X@`7iX@#і We request comment on elimination of the twostage process now applied to separate systems in favor of the one stage process currently applicable to domsats.  X4-2. Regulatory Classification.  X-  X- v m30. Initially, all domsats were licensed to provide services on a common carrier basis.  d(#Shortly thereafter, domsat operators initiated requests to provide service on a noncommon carrier  d(#basis to various customers. Based on the long lead time associated with constructing and  d(#Mlaunching a satellite (approximately three years), the cost (today $218$400 million), and the  d(#customer's need to be confident it will have access to space station capacity that meets its  d(#>particular needs at a set price during the lifetime of the satellite, the Commission found that  d(#transponder sales or longterm leases would "benefit all participants in the domestic satellite  Xe- d(#industry."&e X"- v #Xj\  P6G;9XP#эDomestic FixedSatellite Transponder Sales, 90 F.C.C.2d 1238, 1252 (1982), aff'd sub  X"- d(#nom., Wold Communications, Inc. v. F.C.C., 735 F.2d 1465 (D.C Cir. 1984), modified Martin  X#-Marietta Communications Systems, 60 RR2d 779 (1986).#x6X@`7iX@# Consequently, the Commission established its "Transponder Sales" policy, which  d(#allows domsat operators to sell or lease transponders on a noncommon carrier basis upon a  d(#Zfinding that granting a particular sales request will not unduly reduce the number of transponders"7 &0*(("  X- d(#available on a common carrier basis.' Xy-#Xj\  P6G;9XP#эDomestic FixedSatellite Transponder Sales, 90 F.C.C.2d at 1255 (1982).#x6X@`7iX@# In evaluating a particular sales request, we rely upon the  X- d(#analysis set forth in NARUC I.(y X- v #Xj\  P6G;9XP#эNat'l Ass'n of Regulatory Utility Commissioners v. F.C.C., 525 F.2d 630 (D.C. Cir.), cert.  X-denied, 425 U.S. 992 (1976). NARUC I identified two criteria as determinative of whether  d(#a service may be provided on a noncommon carrier basis: (1) whether there is or should be any  d(# legal compulsion to serve the public indifferently and, if not, (2). whether there are reasons  d(#implicit in the nature of the service to expect an indifferent holding out to the eligible user public.  Xv- v >31. We no longer see any need to require any U.S.licensed space station licensee wishing  d(#to tailor its offerings to the individual requirements of its customers to provide any amount of  XH- d(#yits spacecraft's capacity on a common carrier basis. With respect to the first prong of NARUC  X1- d(#I, we find no legal compulsion for any U.S. licensees to serve the public indifferently. Thirty  d(#domsats are now in orbit and, if we adopt our proposal to allow separate systems to provide  d(#domestic service, thirtyfive satellites will be available to customers to satisfy their domestic  d(#fixedsatellite communications needs. Further, several entities have been licensed to construct  d(#iand launch satellite systems that will provide mobilesatellite services, together with fixedsatellite  X - d(#services, within the United States.)  X- v D#Xj\  P6G;9XP#эAmerican Mobile Satellite Corporation, 4 F.C.C. Rcd 6041 (1989); Orbital  d(#.Communications Corporation, 9 F.C.C. Rcd 6476 (1994); Loral/Qualcomm Partnership, L.P., DA  d(#95128 (released January 31, 1995); Motorola Satellite Communications, Inc., DA 95131  X=-(released January 31, 1995); TRW Inc., DA 95130 (released January 31, 1995). #x6X@`7iX@# Consequently, we believe that sufficient competitive capacity  d(#is and will continue to be available to assure the U.S. public of ample access to fixedsatellite  d(#services. Significantly, no transponder sales application has been opposed in the past decade.  d(#Despite nearroutine approval of these sales requests, several operators have nevertheless chosen  d(#to continue to offer space segment capacity on a common carrier basis. We expect this to  XK- d(#continue. With respect to the second prong of NARUC I, we have already found little likelihood  d(#ythat noncommon carrier domsats will hold themselves out indifferently to serve the public and  d(#that stable, longterm contractual offerings to individual customers of technically and  d(#moperationally distinct portions of a satellite fall far short of the indiscriminate offering  X-contemplated in NARUC I.*  X -#Xj\  P6G;9XP#эDomestic Fixed Satellite Transponder Sales, 90 F.C.C.2d at 1257.  v  32. As for separate systems, we determined in 1985 that they would operate on a non d(#common carrier basis primarily because of the Executive Branch's original restriction that space  d(# segment capacity be provided on a "sale or longterm lease" basis for communications not  X|- d(#interconnected to the public switched message networks, i.e., "customized services."+|0  X]&-#Xj\  P6G;9XP#эSeparate Systems Decision, 101 F.C.C.2d at 110203.#x6X@`7iX@#Ѳ However,  d(#subsequent modifications to those restrictions have eroded the basis for requiring that these"e +0*(("  d(#jsystems operate on a noncommon carrier basis. The "nointerconnection" restriction is being  d(#phased out and the "sale or longterm lease" restriction has been replaced with the requirement  X- d(#that services be provided by "sale or lease."L,_ XK- v #Xj\  P6G;9XP#эSee Letter from Thomas J. Murrin, Deputy Secretary of Commerce, and Lawrence S.  d(#Eagleburger, Deputy Secretary of State, to F.C.C. Chairman Alfred C. Sikes (December 14,  d(#1990)(stating that interconnection of 100 64kbps equivalent circuits per system would be  d(#consistent with U.S. international obligations and in furtherance of U.S. telecommunications and  d(#foreign policy interests); Permissible Services of U.S. Licensed International Communications  d(#zSatellite Systems Separate from the International Telecommunications Satellite Organization  X -(Intelsat), 7 F.C.C. Rcd 2313 (1992).#x6X@`7iX@#L These modifications make clear that use of these  d(#?systems is no longer limited to the provision of "customized" services. In light of these  X- d(#developments, we see no reason to prohibit any U.S. space station licensees from providing common carrier service if these offerings further its business plans.  X_-  33.` ` Accordingly, we tentatively conclude that there is no reason to continue to impose  d(#limitations on the manner in which U.S.licensed operators may offer service to the public. We  X1- d(#instead propose to allow licensees and applicants to elect whether to provide service on a  X - d(#common carrier or noncommon carrier basis.-  X- v ]#Xj\  P6G;9XP#эThose licensees choosing to operate on a common carrier basis will, of course, continue to be subject to Title II and Section 310(b) of the Communications Act. We will, however, continue to monitor this  d(#situation and will revisit the issue if it appears that the public is not being adequately served. We request comment on this proposal.  X -3. Earth Station Licensing  X- v !34. Under our current licensing scheme, earth stations are classified as either domestic  d(#or international depending on the satellites that will be accessed. Domestic earth stations are  d(#>typically licensed to communicate with all domestic satellites in the domestic portion of the  d(#zorbital arc, also referred to as "ALSAT, for domestic services." A domestic earth station so  d(#licensed has also been permitted to communicate with those satellites to provide international  d(#kcommunications services, provided: (1) consultations pursuant to Article XIV(d) have been  d(#completed for the satellites, services and countries involved; and (2) the satellite operators have  d(#received specific authorization to provide the services to the proposed locations. A license  d(#modification is currently required if a domestic earth station operator seeks to add Intelsat or any  d(#.other nonU.S. satellites as a point of communication on its license for international services.  v ""35. On the other hand, international earth stations are licensed to communicate with  d(#specific U.S.licensed and nonU.S. international satellites. Most license modification applications relating to international earth stations seek authority to access additional international satellites.  v 1#36. If, as proposed, U.S.licensed space station operators are permitted to offer both  X - d(#domestic and international service, we see no reason to retain any distinction between domestic"  -0*((\"  d(#and international earth stations using U.S.licensed space segment. We propose to retain the  d(#Z"ALSAT" designation to identify the satellites with which earth stations would communicate, but  X- d(#ywould broaden its meaning to include all U.S.licensed fixedsatellites.>. XK- v #Xj\  P6G;9XP#эEarth stations operating at 4/6 GHz will, of course, have to submit frequency coordination  d(#studies to support communications with the additional U.S. satellites, whether separate systems or domsats.> Thus, an earth station  d(#applicant specifying "ALSAT" would have the authority to communicate with all current U.S.  d(#domestic and international fixedsatellites, as well as all future U.S.licensed fixedsatellites, to  d(#=provide service between the U.S. and all countries consulted under Article XIV(d). Expanding  d(#]the "ALSAT" designation will have the added benefit of reducing the number of license  d(#modification applications to be processed and allowing operators to provide service immediately  d(#consistent with Article XIV(d) consultations. We recognize, however, that this could affect the  d(#coordination requirements of earth stations with terrestrial facilities in the 4/6 GHz band. We seek comment on these tentative conclusions.  X -E. Other Issues.  X - v $37. While U.S.licensed satellite systems providing services other than domestic fixed d(#satellite services have never been subject to the Transborder Policy, they may be similarly  d(#constrained in the geographic reach of their services. Licenses awarded to geostationary  d(#Msatellites in the mobilesatellite service and in the direct broadcast service limit operators to  Xb- d(#kserving domestic and offshore areas.W/_bK X^- v ##Xj\  P6G;9XP#эSee, e.g., Amendment of Parts 2, 22 and 25 of the Commission's Rules to Allocate  d(#Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio  d(#MFrequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier  d(#NServices, 4 F.C.C. Rcd 6041 (1989) (authorizing American Mobile Satellite Corporation to  d(#provide domestic land, maritime and aeronautical service and to operate in U.S. coastal areas up  X- d(#to 200 miles offshore); Continental Satellite Corp., et al, 4 F.C.C. Rcd 6292 (1989)(authorizing seven companies to provide DBS service to the continental United States). W In contrast, our rules require lowEarth orbit (LEO)  d(#satellite systems, which provide many of the same services, to be capable of serving all areas  X4- d(#of the world._04r  XW- v #Xj\  P6G;9XP#э47 C.F.R.  25.143(b)(2)(i). See Amendment of the Commission's Rules to Establish  d(#Rules and Policies Pertaining to a Mobile Satellite Service in the 16101626.5/2483.52500 MHz Frequency Bands, 9 F.C.C. Rcd 5936 (1994). _ Consequently, LEO system licensees may provide service to any country  d(#authorizing it to do so without further Commission action. Further, our proposal here would  d(#permit other geostationary fixedsatellite service systems to provide both domestic and  X- d(#international service without the regulatory delays associated with a license modification request.#1 X%- v #Xj\  P6G;9XP#эDBS permittee, Direct Broadcasting Satellite Corporation, has filed an application to  d(#yprovide DBS service to Central and South America, and parts of Western Europe and Northern  d(#.Africa from its satellite to be located at 61.5 degrees W.L. and to a large segment of the Pacific"g'00*((u'" Rim from its satellite to be located at 175 degrees W.L. (File No. DBS8808/9413DR). # "y10*(("  X- v !%38. We therefore solicit comment as to whether licensees of geostationary systems that  d(#provide mobile and broadcast services should be permitted to provide both domestic and  d(#-international services on a coprimary basis, subject, of course, to U.S. international coordination  X- d(#obligations.2y X- v #Xj\  P6G;9XP#эIn this regard, we note that the provision of domestic aeronautical mobile satellite services  X- d(#via Inmarsat is also being addressed in a separate NPRM. See Petition for Reconsideration and Waiver of Provision of Aeronautical Services via Inmarsat (CC Doc. 8775). Such treatment appears to foster the same goals as eliminating geographic  d(#.restrictions for U.S. fixedsatellites increased competition, increased consumer choices, and  d(#[further development of the global information infrastructure. Nevertheless, we recognize there  d(#ymay be considerations unique to other services in different frequency bands that may mandate  d(#/a different result. For example, DBS orbital locations have been assigned internationally to  d(#various countries through a "plan" adopted at the 1983 Regional Administrative Radio  X - d(#zConference.d3  X- v O#Xj\  P6G;9XP#эRegional Administrative Radio Conference for the Planning in Region 2 of Broadcast  d(#Satellite Service in the Frequency Band 17.317.8 GHz, Geneva, 1983. This plan was included  d(#Zin the Radio Regulations, First Session of the World Administrative Radio Conference on the Use  d(#=of the GeostationarySatellite Orbit and the Planning of the Space Services Utilizing It, Geneva  Xk-1985 (ORB85). See ITU Radio Regulations, Appendix 30.d Would a decision to allow U.S.licensed DBS operators to serve international  d(#xpoints be inconsistent with this "plan"? Would the receipt of programming from locations outside  d(#[the U.S. be inconsistent with ITU Appendix 30A regarding feeder links for DBS at 12 GHz. We  d(#request comment on all issues relating to whether, and to what extent, all U.S.licensed  d(#geostationary satellite systems should be permitted to provide both domestic and international services.   Xy- v &39. We reach no tentative conclusion as to whether COMSAT, a U.S. licensee, should be  Xb- d(#ipermitted to provide domestic service using Intelsat capacity.K4bQ  Xd- v #Xj\  P6G;9XP#эCOMSAT, through its World Systems Division, already provides limited domestic service  d(#using Intelsat facilities between the U.S. mainland and offshore U.S. points where the service  d(#is incidental to a primary international service. In addition, COMSAT, through its COMSAT  d(#[General Corporation division, operates a limited number of domsats, which we propose to treat just like any other nonIntelsat, U.S.licensed satellites. K We also make no proposal at this  d(#time as to the extent to which Inmarsat should be permitted to serve the U.S. market, recognizing  d(#?that we have not yet reached a coordination agreement ensuring sufficient spectrum for  d(#geostationary U.S. MSS licensee, American Mobile Satellite Corporation. We invite comment  d(#on these issues and on whether, and under what conditions, nonU.S. satellites should be  d(#permitted to serve the U.S. domestic market. We specifically request comment on whether more  X- d(#rigorous technical requirements applicable to U.S.licensed satellites, such as 2$ spacing, should be imposed on nonU.S. satellites. "40*((S"Ԍ X- v 3ԙ'40. The issues discussed above are not intended to represent the full range of  d(#.considerations involved in implementing the proposed policy changes. We therefore invite all  d(#interested parties to comment on any other issues raised by the proposed changes, including  X- d(#Zconsiderations as to how the proposed changes will affect orbital assignments, 2$ orbital spacing  d(#between U.S. satellites in the geostationary orbit, the need to reopen coordination with satellite  d(#Ksystems from other countries, and whether any special requirements should be placed on satellite operators providing both domestic and international service.  XH-VIV. CONCLUSIONă  X - v !(41. In this Notice we tentatively conclude that the public interest requires that all U.S. d(#licensed fixedsatellites be subject to the same regulatory policy for the provision of both  d(#ydomestic and international services. Therefore, we propose to eliminate the Transborder Policy  d(#land treat all U.S.licensed fixed satellites under our Separate Systems Policy as modified.  d(#Elimination of the "ancillary" restriction will permit both domsat operators and separate satellite  d(#<operators to provide both domestic and international services on a coprimary basis. We request  X- d(#comments on the issues and proposals addressed in this Notice and encourage full participation of domestic and international satellite providers and users.  XK- v m)42. As required by Section 603 of the Regulatory Flexibility Act, the Commission has  d(#prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small  d(#zentities of the proposals suggested in this document. The IRFA is set forth in Appendix A,  d(#Section II. Written public comments are requested on the IRFA. These comments must be filed  X- d(#Zin accordance with the same filing deadlines as comments on the rest of the Notice (see Appendix  d(#A, Section III), but they must have a separate and distinct heading designating them as responses  d(#to the IRFA. The Secretary shall send a copy of this Notice of Proposed Rulemaking, including  d(#the Initial Regulatory Flexibility Analysis, to the Chief Counsel for the Advocacy of the Small  d(#yBusiness Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act.  X|-Pub. L. No. 96354, 94 Stat. 1164, 5 U.S.C. Section 601 et seq. (1980).  XN-dCV. ORDERING CLAUSESă  X - v *43. Accordingly, IT IS ORDERED that NOTICE IS HEREBY GIVEN of the proposed  d(#regulatory action described above and that COMMENT IS SOUGHT on the proposals in this  X-Notice.  X - v +44. This action is taken pursuant to Sections 4 and 303(r) of the Communications Act  d(#?of 1934, as amended, 47 U.S.C.  154, 303(r), and Section 201(c) of the Communications Satellite Act of 1962, 47 U.S.C. 721(c). "h$40*(((#"  X- v ,45. For further information on this Notice contact John M. Coles, Attorney, (202) 7390731. ` (#` (#` ` ` qFEDERAL COMMUNICATIONS COMMISSION ` ` qWilliam F. Caton ` ` qActing Secretary"_40*(('" `o  X-  X1-  X -  X -  Xy-  X-  X-  X!-   X-][ APPENDIX A  ă  X- I. Ex Parte Rules NonRestricted Proceeding  X- v This is a nonrestricted notice and comment rulemaking proceeding. Ex parte  d(#presentations are permitted, except during the Sunshine Agenda period, provided they are  X_- d(#disclosed as provided in Commission rules. See generally 47 C.F.R. Sections 1.1202, 1.1203, and 1.1206(a).  X - II. Initial Regulatory Flexibility Act  X -A. Reason for Action  v This rulemaking proceeding is initiated to obtain comment regarding proposed elimination  d(#of the Commission's Transborder Policy and removal of certain restrictions on separate  d(#>international satellite systems with respect to domestic services in order to subject all U.S.licensed fixedsatellites to the same regulatory treatment.  Xb-  XK- B. Objectives  v ]The Commission seeks to subject all U.S.licensed fixedsatellites to the same regulatory policy.  X- C. Legal Basis  v The proposed action is authorized under Sections 4 and 303(r) of the Communications Act  d(#of 1934, as amended, 47 U.S.C.  154, 303(r), and Section 201 of the Communications Satellite Act of 1962, 47 U.S.C.  721(c).  XN- D. Reporting, Recordkeeping and Other Compliance Requirements The proposed policy changes will not create additional burdens on the public.  X- E. Federal Rules That Overlap, Duplicate or Conflict With These Rules(#(# None.  X"- F. Description, Potential Impact, and Number of Small Entities Involved  X#-  Xh$- v The proposed policy changes discussed in this Notice of Proposed Rulemaking will  d(#ienhance service options and price competition for any small businesses involved in the provision of international telecommunications services via U.S.licensed satellites. "#'40*((%"Ԍ X- v wX G. Any Significant Alternatives Minimizing the Impact on Small Entities Consistent  X-with the Stated Objectives (#  X- v The Notice solicits comment on proposed policy changes necessary to achieve  X-Commission objectives. Any significant alternatives may be set forth in comments to this Notice.  Xv- III. Comment Dates  v Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the  d(#Commission's Rules, 47 C.F.R. Sections 1.415 and 1.419, interested parties may file comments  d(#kon or before June 8, 1995 and reply comments on or before June 23, 1995. To file formally in  d(#this proceeding, you must file an original and four copies of all comments, reply comments, and  d(#supporting comments. If you want each Commissioner to receive a personal copy of your  d(#comments, you must file an original plus nine copies. You should send comments and reply  d(#Lcomments to: Office of the Secretary, Federal Communications Commission, Washington, D.C.  d(#M20554. Comments and reply comments will be available for public inspection during regular  d(#business hours in the F.C.C. Reference Center (Room 239) of the Federal Communications Commission, 1919 M St., N.W., Washington, D.C. 20554. "#40*((G""  X-] APPENDIX B <Proposed Rule Changes  Xv- Part 25 of Title 47 of the C.F.R. is proposed to be amended  XH- PART 25SATELLITE COMMUNICATIONS 1. The authority citation for Part 25 continues to read as follows:  X - v M AUTHORITY : Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat. 1066, as  d(#V"amended; 47 U.S.C. 154. Interpret or apply secs. 101104, 76 Stat. 419427; 47 U.S.C. 701744; 47 U.S.C. 554.  X -  X-2. Section 25.110 is amended by revising paragraph (b) to read as follows:  Xb- 25.110 Filing of applications, fees, and number of copies. *****  v (b) Applications for satellite radio station authorizations governed by this part and  d(#requiring a fee shall be mailed or handdelivered to the locations specified in Part 1, subpart G  d(#of this title. All other applications shall be submitted to the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, DC 20554. ***** 3. Section 25.113 is amended by revising paragraphs (b) and (d) to read as follows:  XN-  25.113 Construction permits. *****  v @(b) Construction permits are not required for satellite earth stations that operate with  d(#jINTELSAT or INMARSAT space stations, or for earth stations that operate with U.S.licensed  d(#.space stations. Construction of such stations may commence prior to grant of a license at the  d(#applicant's own risk. Applicants must comply with the provision of 47 CFR 1.1312 relating to  d(#Lenvironmental processing prior to commencing construction. A simultaneous application for a  d(#construction permit and station license may be made for all earth station and space station facilities governed by this Part. *****  v "(d) In addition to the construction permit required by paragraph (a) of this section, a  d(#Klaunch authorization must be applied for and granted before a space station may be launched and"#'40*((%"  d(#operated in orbit. Request for launch and operation authorization and station license may be  d(#included in the application for space station construction permit. A launch authorization and  d(#istation license may also be requested at any time for a space station constructed as an onground  d(#spare satellite. However, an application for authority to launch and operate an onground spare  d(#satellite will be considered to be a newly filed application for cutoff purposes, except where the  d(#space station to be launched is determined to be an emergency replacement for a previously  d(#yauthorized space station which has been lost as a result of a launch failure or a catastrophic inorbit failure.  v 24. Section 25.114 is amended by revising paragraph (c)(18) and and removing and reserving paragraph (c)(24) to read as follows:  X -  25.114 Applications for space station authorizations. ***** (c)***  v (18) Detailed information demonstrating the financial qualifications of the applicant to  d(#iconstruct and launch the proposed satellites. Applications shall provide the financial information required by  25.140 (b) through (e). ***** (24) [Reserved]. ***** 5. Section 25.115 is amended by revising paragraph (c) to read as follows:  Xe-  25.115 Application for earth station authorizations. *****  v }(c) Large Networks of Small Antennas operating in the 12/14 GHz bands with U.S.  d(#Zsatellites for domestic services. Applications to license small antenna network systems operating in the 12/14 GHz frequency band under blanket operating authority shall include the following: ***** 6. Section 25.117 is amended by revision paragraph (a) to read as follows:  Xh$-  25.117 Modification of station license.  v (a) Except as provided, no modification of a radio station governed by this part which  d(#affects the parameters or terms and conditions of the station authorization shall be made except"#'40*((%"  d(#jupon application to and grant of such application by the Commission. No license modification will be required if the licensee seeks to access another U.S.licensed fixed satellite provided:  v |(1) Consultations pursuant to Article XIV(d) of the INTELSAT Agreement have been completed for the satellites, services and countries involved; and  v (2) The operators of the U.S.licensed systems, where operated on a common carrier basis, have received specific authorization to provide the services to the proposed locations. ***** 7. Section 25.130 is amended by revising paragraph (d) to read as follows:  X -  25.130 Filing requirements for transmitting earth stations. *****  v (d) Transmission of signals or programming to nonU.S. satellites, or to foreign points  d(#^by means of U.S.licensed fixed satellites, may be subject to restrictions as a result of  d(#international agreements or treaties. The Commission will maintain public information on the status of any such agreements. 8. Section 25.131 is amended by revising paragraphs (b), (g) and (j) to read as follows:  X-  25.131 Filing requirements for receiveonly earth stations. *****  v (b) Except as provided in paragraph (j) of this section, receiveonly earth stations may be  d(#lregistered with the Commission in order to protect them from interference from terrestrial  d(#microwave stations in bands shared coequally with the fixed service in accordance with the procedures of  25.203 and  25.25125.256. *****  v (g) Reception of signals or programming from nonU.S. satellites may be subject to  d(#restrictions as a result of international agreements or treaties. The Commission will maintain public information on the status of any such agreements. ***** (j) Receiveonly earth stations operating with: (1) INTELSAT space stations; or  v 2(2) U.S.licensed and nonU.S. space stations for reception of services from other countries;"#'40*((%"Ԍ d(#ԙShall file an FCC Form 493 requesting a license for such station. Receiveonly earth stations  d(#yused to receive INTELNET I services from INTELSAT space stations need not file for licenses.  X- d(#See Deregulation of ReceiveOnly Satellite Earth Stations Operating with the INTELSAT Global  d(#jCommunications Satellite System, Declaratory Ruling, RM No. 4845, FCC 86214 (released May 19, 1986). 9. Section 25.140 is amended by revising paragraphs (a) and (b) to read as follows:  X1-  25.140 Qualifications of fixedsatellite space station  X -licensees.  v 1(a) New fixedsatellites shall comply with the requirements established in Report and  d(#Order in CC Docket No. 81704. The requirements for radio station applications for new fixed d(#satellites are specified in Appendix B to the Commission 1983 Processing Order (93 FCC2d 1260  d(#>(1983)). Applications must also meet the requirements in paragraphs (b) through (e) of this  d(#/section. The Commission may require additional or different information in the case of any  d(#individual application. Applications will be unacceptable for filing and will be returned to the applicant if they do not meet the requirements referred to in this paragraph.  v O(b) Each applicant for a space station authorization in the fixedsatellite service must  d(#demonstrate, on the basis of the documentation contained in its application, that it is legally,  d(#yfinancially, technically, and otherwise qualified to proceed expeditiously with the construction,  d(#=launch and/or operation of each proposed space station facility immediately upon grant of the requested authorization. Each applicant must provide the following information: ***** 10. Section 25.202 is amended by revising paragraph (c) to read as follows:  XN-  25.202 Frequencies, frequency tolerance and emission  X7-` ` limitations. *****  v /(c) Orbital locations assigned to space stations licensed under this part by the commission  d(#are subject to change by summary order of the commission on 30 days notice. An authorization  d(#to construct and/or to launch a space station becomes null and void if the construction is not  d(#begun or is not completed, or if the space station is not launched and positioned at its assigned  d(#orbital location and operations commenced in accordance with the station authorization, by the  d(#respective date(s) specified in the authorization. Frequencies and orbital location assignments are subject to the policies set forth in the Report and Order in IB Docket No. 9541. ***** "#'40*((%"Ԍ v "11. Section 25.210 is amended by revising the introductory portion of paragraph (e),  d(#[removing and reserving paragraph (f) and revising the introductory portion of paragraph (j) to read as follows:  X-  25.210 Technical requirements for space stations in the Fixed X-` ` Satellite Service. *****  v (e) For fixedsatellite space stations providing international service, full frequency reuse is defined as follows: ***** (f) [Reserved]. *****  v (j) All operators of space stations shall file a semiannual report with the International Bureau and the Commission's Laurel, Maryland field office containing the following information: ***** 12. Section 25.211 is amended by revising paragraph (b) to read as follows:  X-  25.211 Video Transmissions in the Domestic FixedSatellite Service. *****  v (b) All 4/6 GHz analog video transmissions shall contain an energy dispersal signal at  d(#all times with a minimum peaktopeak bandwidth set at whatever value is necessary to meet the  d(#<power flux density limits specified in  25.208(a) and successfully coordinated internationally and  d(#accepted by adjacent U.S. satellite operators based on the use of state of the art space and earth  d(#station facilities. Further, all transmissions operating in frequency bands described in   d(#j25.208(b) and (c) shall also contain an energy dispersal signal at all times with a minimum peak d(#topeak bandwidth set at whatever value is necessary to meet the power flux density limits  d(#Lspecified in  25.208(b) and (c) and successfully coordinated internationally and accepted by  d(#Madjacent U.S. satellite operators based on the use of state of the art space and earth station  d(#facilities. The transmission of an unmodulated carrier at a power level sufficient to saturate a  d(#{transponder is prohibited, except by the space station licensee to determine transponder  d(#performance characteristics. All 12/14 GHz video transmissions for TV/FM shall identify the  d(#particular carrier frequencies for necessary coordination with adjacent U.S. satellite systems and affected satellite systems of other administrations. ***** ":&40*(($" 13. Section 25.276 is amended by revising paragraph (c) to read as follows:  X-  25.276 Points of communication. *****  v (c) Transmission to or from foreign points over space stations in the FixedSatellite  d(#xService, other than those operated by the International Telecommunications Satellite Organization  d(#Land Inmarsat, are subject to the policies set forth in the Report and Order in IB Docket No. 9541.