PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, DC 20554 _________________________________________________ __ News media Information 202/418-0500 Report No. SPB-140 October 28, 1998 INTERNATIONAL BUREAU TO STREAMLINE SATELLITE AND EARTH STATION PROCESSING As part of its continuing commitment to improve the efficiency of the satellite licensing process, the International Bureau streamlines the way it will process earth station and space station applications. The approach announced today will allow the Bureau to place applications on public notice more quickly than in the past. The earlier an application is placed on public notice, the earlier the Commission will be in a position to act on the application. An earlier public notice date should also alert interested parties to the application on a more timely basis. Currently, the Bureau conducts a comprehensive review of each application before placing it on public notice. This review ensures that the application contains all required information, including documentation in support of a finding that operation of a proposed facility is compatible with other allocated services in the proposed frequency bands. This review also examines whether the applicant has requested any necessary waivers of Commission rules. Where an application is not complete or requires clarification, the Bureau often works with the applicant to complete its application prior to being placed on public notice. Although this process often serves to improve the likelihood that an application will be acted upon without unnecessary delay, it also results in a delay in placing the application on public notice. Further, since the volume of applications now being filed with the Commission has increased three-fold in the past five years, the staff cannot continue to devote significant time to ensuring individual applications are complete prior to being placed on public notice. Consequently, effective immediately, the Bureau will place routine applications on public notice within 10 business days of receipt by the Bureau, provided that the application includes all required information. In making the assessment, the Bureau will no longer evaluate the accuracy of, the merits of, or the particular problems associated with specific information contained in any application prior to placing it on Public Notice. Rather, the Bureau will simply ensure that the application contains all information required by the Commission's rules. If an application fails to include any of the required information, the Bureau will return the application without prejudice as being unacceptable for filing. For example, all applicants must provide a list of frequency bands in which they propose to operate. In reviewing this information, the staff will no longer consider whether the proposed service is compatible with other allocated services in that band, including government services. We will leave this determination for our subsequent review of the application during the course of the licensing process. We remind applicants that earth station applications must be filed using FCC Form 312, "Application for Satellite Space and Earth Station Authorizations", and must include the information required in Sections 25.130-25.136 of the Commission's rules. 47 C.F.R.  25.130 -  25.136. We also remind applicants that space station applications must also be filed using FCC Form 312, "Application for Satellite Space and Earth Station Authorizations", and must include the information required in Section 25.114 of the Commission's rules. 47 C.F.R.  25.114(c)(1) through (21). Given the large amount of required information, space station applicants are asked to provide the information prescribed in Section 25.114(c)(1) through (21) in numerical order, with each information item numbered separately. This will facilitate staff review of the application. In case the information required is not applicable for a given application, applicants should simply indicate "not applicable" in response to the item. For example, with respect to the requirement of a demonstration of financial qualifications an applicant would respond "not applicable" to this item in their application where the Commission does not require a financial showing. If an applicant is seeking a waiver of a Commission rule or requirement, the waiver should be requested in response to the relevant information item, providing supporting documentation as necessary. See  25.112(b)(1). Last, we remind entities filing earth station applications or letters of intent to use non-U.S. satellites to include in their filings the information required in  25.137 and  25.114 for the space station they seek to access. However, applicants seeking to use a non-U.S. licensed satellite to serve the United States need not file financial information in cases where the non-U.S. satellite is in-orbit and operating, even if the information is required for that service under our rules. Further, applicants need not file the technical information specified in Sections 25.114(c)(5) through 25.114(c)(12) if the non-U.S. licensed satellite has completed the International Telecommunication Union ("ITU") international coordination process, the network has been notified to the ITU, and the U.S. was involved in the coordination discussions, unless the technical characteristics of the proposed system or service differ from the characteristics established in the ITU coordination process. For your convenience, a copy of FCC Form 312 (February 1998) is attached to this Public Notice, and is reproducible. In addition, copies are available as follows: 1) Forms Room, Room CY-C247 (on the Courtyard Level at the Portals), 445 Twelfth Street, S.W.; Washington, D.C. 20554 2) Internet access: http://www.fcc.gov. 3) Fax-on-demand: Dial 202-418-0177 from the handset on your fax machine and use the document retrieval number 000312. Use of the February 1998 version of FCC Form 312 will be phased in. Applicants may continue to use the April 1997 version through December 31, 1998. Effective January 1, 1999, the Commission will no longer accept the FCC Form 312 dated April 1997. ONLY FCC Form 312s dated February 1998 will be accepted. For further information, contact Anne Bisese (re: earth station applications) at 202-418-2344 and Kathleen Campbell (re: space station applications) at 202-418-0753. - FCC -