82_FR_53088 82 FR 52869 - Updates Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related Matters

82 FR 52869 - Updates Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related Matters

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range52869-52871
FR Document2017-24726

The Federal Communications Commission proposes to remove the domestic coverage requirement for non-geostationary-satellite orbit (NGSO), fixed-satellite service (FSS) satellite systems.

Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)
[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Proposed Rules]
[Pages 52869-52871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24726]



[[Page 52869]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 16-408; FCC 17-122]


Updates Concerning Non-Geostationary, Fixed-Satellite Service 
Systems and Related Matters

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission proposes to remove the 
domestic coverage requirement for non-geostationary-satellite orbit 
(NGSO), fixed-satellite service (FSS) satellite systems.

DATES: Comments are due January 2, 2018. Reply comments are due January 
29, 2018.

ADDRESSES: You may submit comments, identified by IB Docket No. 16-408, 
by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Clay DeCell, [email protected], 202-
418-0803.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM), FCC 17-122, adopted 
September 26, 2017, and released September 27, 2017. The full text of 
the FNPRM is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-122A1.pdf. The FNPRM is also available for 
inspection and copying during business hours in the FCC Reference 
Information Center, Portals II, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. To request materials in accessible formats for 
people with disabilities, send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

Comment Filing Requirements

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Ex Parte Presentations

    The proceeding this FNPRM initiates shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte 
rules, 47 CFR 1.1200 et seq. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must (1) list all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Paperwork Reduction Act

    This document contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

Synopsis

    The Commission requires NGSO FSS systems to provide continuous 
coverage of the fifty states, Puerto Rico and the U.S. Virgin Islands. 
Systems with more localized coverages are prohibited. This

[[Page 52870]]

requirement stems from a similar requirement placed on NGSO MSS systems 
which are, as a general matter, unable to share spectrum without 
causing harmful interference.
    The domestic coverage requirement for NGSO FSS systems could be 
unnecessary or counterproductive, however. For example, among the 
several pending applications that request waivers of this requirement, 
one operator seeks to provide service in remote areas of Alaska as part 
of an ``Arctic Satellite Broadband Mission.'' Its satellite system 
would operate in a highly elliptical orbit chosen to maximize service 
to the Arctic region, but which prevents coverage of the lower United 
States. Another operator is currently providing low-latency satellite 
service to Americans at sea. The equatorial orbit of its system, 
however, precludes U.S. coverage at high latitudes. Such specialized 
systems may be authorized by foreign administrations and intended to 
serve only part of the United States. We do not believe it would serve 
the public interest to block access to these systems solely because of 
their specialized coverage areas, given that multiple NGSO FSS systems 
can share the same frequency bands. Rather, we expect that the most 
efficient way to encourage widespread service offerings by NGSO FSS 
systems, including in remote and underserved areas of the United 
States, would be to allow both general and specialized coverage 
systems.
    We therefore propose to remove the domestic coverage requirement 
for NGSO FSS systems operating in all permitted spectrum bands, which 
we believe will afford operators greater flexibility in their system 
designs. We invite comment on this proposal. Given that this 
requirement applies to NGSO FSS systems by default, is it appropriate 
to deny access to every concerned frequency band if a system design 
does not allow for continuous U.S. coverage? What are the advantages of 
retaining, or removing, this coverage requirement? For parties that 
support retaining the domestic coverage requirement, are there 
particular considerations we should take into account when deciding 
whether or not to waive it in a particular case?

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on a substantial number of small 
entities by the policies and rules proposed in this FNPRM. We request 
written public comments on this IRFA. Commenters must identify their 
comments as responses to the IRFA and must file the comments by the 
deadlines for comments on the FNPRM provided above in DATES. The 
Commission will send a copy of the FNPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. In 
addition, the FNPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    The FNPRM proposes to delete the requirement that non-
geostationary, fixed-satellite service systems provide continuous 
coverage of the fifty United States, Puerto Rico, and the U.S. Virgin 
Islands, in order to afford operators greater design flexibility.

B. Legal Basis

    The proposed action is authorized under Sections 4(i), 7(a), 10, 
303, 308(b), and 316 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 157(a), 160, 303, 308(b), 316.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules May Apply

    The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' The category 
has a small business size standard of $32.5 million or less in average 
annual receipts, under SBA rules. For this category, Census Bureau data 
for 2012 show that there were a total of 333 firms that operated for 
the entire year. Of this total, 299 firms had annual receipts of less 
than $25 million. Consequently, we estimate that the majority of 
satellite telecommunications providers are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The FNPRM proposes to delete a requirement that non-geostationary, 
fixed-satellite service systems demonstrate that they will provide 
continuous domestic coverage. This would reduce paperwork costs for 
such satellite operators.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rules for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    The FNPRM proposes to delete a requirement to demonstrate coverage 
of the United States. This would wholly eliminate the economic and 
other impacts of this rule. However, the Commission invites comment on 
this change and any alternatives.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 continues to read as follows:

    Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

[[Page 52871]]

Sec.  25.146  [Amended]

0
2. In Sec.  25.146, remove paragraph (b) and redesignate paragraphs 
(c), (d), and (e) as paragraphs (b), (c), and (d).
0
3. In Sec.  25.217 revise paragraph (b)(1) to read as follows:


Sec.  25.217  Default service rules.

* * * * *
    (b)(1) For all NGSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.157 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.143(b)(2)(ii) (except NGSO FSS systems), (iii) (except 
NGSO FSS systems), 25.204(e), 25.210(f), (i).
* * * * *

[FR Doc. 2017-24726 Filed 11-14-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                                    Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Proposed Rules                                             52869

                                                  FEDERAL COMMUNICATIONS                                  1.419, interested parties may file                    deadline applicable to the Sunshine
                                                  COMMISSION                                              comments and reply comments on or                     period applies). Persons making oral ex
                                                                                                          before the dates indicated on the first               parte presentations are reminded that
                                                  47 CFR Part 25                                          page of this document. Comments may                   memoranda summarizing the
                                                  [IB Docket No. 16–408; FCC 17–122]                      be filed using the Commission’s                       presentation must (1) list all persons
                                                                                                          Electronic Comment Filing System                      attending or otherwise participating in
                                                  Updates Concerning Non-                                 (ECFS). See Electronic Filing of                      the meeting at which the ex parte
                                                  Geostationary, Fixed-Satellite Service                  Documents in Rulemaking Proceedings,                  presentation was made, and (2)
                                                  Systems and Related Matters                             63 FR 24121 (1998).                                   summarize all data presented and
                                                                                                             • Electronic Filers: Comments may be               arguments made during the
                                                  AGENCY:  Federal Communications                         filed electronically using the Internet by            presentation. If the presentation
                                                  Commission.                                             accessing the ECFS: http://apps.fcc.gov/              consisted in whole or in part of the
                                                  ACTION: Proposed rule.                                  ecfs.                                                 presentation of data or arguments
                                                                                                             • Paper Filers: Parties who choose to              already reflected in the presenter’s
                                                  SUMMARY:   The Federal Communications                   file by paper must file an original and               written comments, memoranda or other
                                                  Commission proposes to remove the                       one copy of each filing. If more than one             filings in the proceeding, the presenter
                                                  domestic coverage requirement for non-                  docket or rulemaking number appears in                may provide citations to such data or
                                                  geostationary-satellite orbit (NGSO),                   the caption of this proceeding, filers                arguments in his or her prior comments,
                                                  fixed-satellite service (FSS) satellite                 must submit two additional copies for                 memoranda, or other filings (specifying
                                                  systems.                                                each additional docket or rulemaking                  the relevant page and/or paragraph
                                                  DATES:  Comments are due January 2,                     number.                                               numbers where such data or arguments
                                                  2018. Reply comments are due January                       Filings can be sent by hand or                     can be found) in lieu of summarizing
                                                  29, 2018.                                               messenger delivery, by commercial                     them in the memorandum. Documents
                                                  ADDRESSES: You may submit comments,                     overnight courier, or by first-class or               shown or given to Commission staff
                                                  identified by IB Docket No. 16–408, by                  overnight U.S. Postal Service mail. All               during ex parte meetings are deemed to
                                                  any of the following methods:                           filings must be addressed to the                      be written ex parte presentations and
                                                    • Federal Communications                              Commission’s Secretary, Office of the                 must be filed consistent with rule
                                                  Commission’s Web site: http://                          Secretary, Federal Communications                     1.1206(b). In proceedings governed by
                                                  apps.fcc.gov/ecfs. Follow the                           Commission.                                           rule 1.49(f) or for which the
                                                  instructions for submitting comments.                      • All hand-delivered or messenger-                 Commission has made available a
                                                    • People with Disabilities: Contact the               delivered paper filings for the                       method of electronic filing, written ex
                                                  FCC to request reasonable                               Commission’s Secretary must be                        parte presentations and memoranda
                                                  accommodations (accessible format                       delivered to FCC Headquarters at 445                  summarizing oral ex parte
                                                  documents, sign language interpreters,                  12th St. SW., Room TW–A325,                           presentations, and all attachments
                                                  CART, etc.) by email: FCC504@fcc.gov                    Washington, DC 20554. The filing hours                thereto, must be filed through the
                                                  or phone: 202–418–0530 or TTY: 202–                     are 8:00 a.m. to 7:00 p.m. All hand                   electronic comment filing system
                                                  418–0432.                                               deliveries must be held together with                 available for that proceeding, and must
                                                    For detailed instructions for                         rubber bands or fasteners. Any                        be filed in their native format (e.g., .doc,
                                                  submitting comments and additional                      envelopes and boxes must be disposed                  .xml, .ppt, searchable .pdf). Participants
                                                  information on the rulemaking process,                  of before entering the building.                      in this proceeding should familiarize
                                                  see the SUPPLEMENTARY INFORMATION                          • Commercial overnight mail (other                 themselves with the Commission’s ex
                                                  section of this document.                               than U.S. Postal Service Express Mail                 parte rules.
                                                  FOR FURTHER INFORMATION CONTACT: Clay
                                                                                                          and Priority Mail) must be sent to 9050
                                                                                                                                                                Paperwork Reduction Act
                                                  DeCell, Clay.DeCell@fcc.gov, 202–418–                   Junction Drive, Annapolis Junction, MD
                                                                                                          20701.                                                  This document contains proposed
                                                  0803.
                                                                                                             • U.S. Postal Service first-class,                 modified information collection
                                                  SUPPLEMENTARY INFORMATION:     This is a                Express, and Priority mail must be                    requirements. The Commission, as part
                                                  summary of the Commission’s Further                     addressed to 445 12th Street SW.,                     of its continuing effort to reduce
                                                  Notice of Proposed Rulemaking                           Washington DC 20554.                                  paperwork burdens, invites the general
                                                  (FNPRM), FCC 17–122, adopted                               People with Disabilities: To request               public and the Office of Management
                                                  September 26, 2017, and released                        materials in accessible formats for                   and Budget to comment on the
                                                  September 27, 2017. The full text of the                people with disabilities (Braille, large              information collection requirements
                                                  FNPRM is available at https://                          print, electronic files, audio format),               contained in this document, as required
                                                  apps.fcc.gov/edocs_public/attachmatch/                  send an email to fcc504@fcc.gov or call               by the Paperwork Reduction Act of
                                                  FCC-17-122A1.pdf. The FNPRM is also                     the Consumer & Governmental Affairs                   1995, Public Law 104–13. In addition,
                                                  available for inspection and copying                    Bureau at 202–418–0530 (voice), 202–                  pursuant to the Small Business
                                                  during business hours in the FCC                        418–0432 (tty).                                       Paperwork Relief Act of 2002, Public
                                                  Reference Information Center, Portals II,                                                                     Law 107–198, see 44 U.S.C. 3506(c)(4),
                                                                                                          Ex Parte Presentations
                                                  445 12th Street SW., Room CY–A257,                                                                            we seek specific comment on how we
                                                  Washington, DC 20554. To request                           The proceeding this FNPRM initiates                might further reduce the information
                                                  materials in accessible formats for                     shall be treated as a ‘‘permit-but-
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                collection burden for small business
                                                  people with disabilities, send an email                 disclose’’ proceeding in accordance                   concerns with fewer than 25 employees.
                                                  to FCC504@fcc.gov or call the Consumer                  with the Commission’s ex parte rules,
                                                                                                          47 CFR 1.1200 et seq. Persons making ex               Synopsis
                                                  & Governmental Affairs Bureau at 202–
                                                  418–0530 (voice), 202–418–0432 (TTY).                   parte presentations must file a copy of                 The Commission requires NGSO FSS
                                                                                                          any written presentation or a                         systems to provide continuous coverage
                                                  Comment Filing Requirements                             memorandum summarizing any oral                       of the fifty states, Puerto Rico and the
                                                    Pursuant to §§ 1.415 and 1.419 of the                 presentation within two business days                 U.S. Virgin Islands. Systems with more
                                                  Commission’s rules, 47 CFR 1.415 and                    after the presentation (unless a different            localized coverages are prohibited. This


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                                                  52870             Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Proposed Rules

                                                  requirement stems from a similar                        comments on this IRFA. Commenters                     less than $25 million. Consequently, we
                                                  requirement placed on NGSO MSS                          must identify their comments as                       estimate that the majority of satellite
                                                  systems which are, as a general matter,                 responses to the IRFA and must file the               telecommunications providers are small
                                                  unable to share spectrum without                        comments by the deadlines for                         entities.
                                                  causing harmful interference.                           comments on the FNPRM provided
                                                     The domestic coverage requirement                                                                          D. Description of Projected Reporting,
                                                                                                          above in DATES. The Commission will
                                                  for NGSO FSS systems could be                           send a copy of the FNPRM, including                   Recordkeeping, and Other Compliance
                                                  unnecessary or counterproductive,                       this IRFA, to the Chief Counsel for                   Requirements for Small Entities
                                                  however. For example, among the                         Advocacy of the Small Business                           The FNPRM proposes to delete a
                                                  several pending applications that                       Administration. In addition, the FNPRM                requirement that non-geostationary,
                                                  request waivers of this requirement, one                and IRFA (or summaries thereof) will be               fixed-satellite service systems
                                                  operator seeks to provide service in                    published in the Federal Register.                    demonstrate that they will provide
                                                  remote areas of Alaska as part of an                                                                          continuous domestic coverage. This
                                                  ‘‘Arctic Satellite Broadband Mission.’’                 A. Need for, and Objectives of, the
                                                                                                                                                                would reduce paperwork costs for such
                                                  Its satellite system would operate in a                 Proposed Rules
                                                                                                                                                                satellite operators.
                                                  highly elliptical orbit chosen to                          The FNPRM proposes to delete the
                                                  maximize service to the Arctic region,                  requirement that non-geostationary,                   E. Steps Taken To Minimize Significant
                                                  but which prevents coverage of the                      fixed-satellite service systems provide               Economic Impact on Small Entities, and
                                                  lower United States. Another operator is                continuous coverage of the fifty United               Significant Alternatives Considered
                                                  currently providing low-latency satellite               States, Puerto Rico, and the U.S. Virgin                 The RFA requires an agency to
                                                  service to Americans at sea. The                        Islands, in order to afford operators                 describe any significant, specifically
                                                  equatorial orbit of its system, however,                greater design flexibility.                           small business, alternatives that it has
                                                  precludes U.S. coverage at high                         B. Legal Basis                                        considered in reaching its proposed
                                                  latitudes. Such specialized systems may                                                                       approach, which may include the
                                                  be authorized by foreign administrations                  The proposed action is authorized                   following four alternatives (among
                                                  and intended to serve only part of the                  under Sections 4(i), 7(a), 10, 303, 308(b),           others): ‘‘(1) The establishment of
                                                  United States. We do not believe it                     and 316 of the Communications Act of                  differing compliance or reporting
                                                  would serve the public interest to block                1934, as amended, 47 U.S.C. 154(i),                   requirements or timetables that take into
                                                  access to these systems solely because of               157(a), 160, 303, 308(b), 316.                        account the resources available to small
                                                  their specialized coverage areas, given                 C. Description and Estimate of the                    entities; (2) the clarification,
                                                  that multiple NGSO FSS systems can                      Number of Small Entities to Which the                 consolidation, or simplification of
                                                  share the same frequency bands. Rather,                 Proposed Rules May Apply                              compliance and reporting requirements
                                                  we expect that the most efficient way to                                                                      under the rules for such small entities;
                                                  encourage widespread service offerings                     The RFA directs agencies to provide
                                                                                                                                                                (3) the use of performance rather than
                                                  by NGSO FSS systems, including in                       a description of, and, where feasible, an
                                                                                                                                                                design standards; and (4) an exemption
                                                  remote and underserved areas of the                     estimate of, the number of small entities
                                                                                                                                                                from coverage of the rule, or any part
                                                  United States, would be to allow both                   that may be affected by the proposed
                                                                                                                                                                thereof, for such small entities.’’
                                                  general and specialized coverage                        rules, if adopted. The RFA generally                     The FNPRM proposes to delete a
                                                  systems.                                                defines the term ‘‘small entity’’ as                  requirement to demonstrate coverage of
                                                     We therefore propose to remove the                   having the same meaning as the terms                  the United States. This would wholly
                                                  domestic coverage requirement for                       ‘‘small business,’’ ‘‘small organization,’’           eliminate the economic and other
                                                  NGSO FSS systems operating in all                       and ‘‘small governmental jurisdiction.’’              impacts of this rule. However, the
                                                  permitted spectrum bands, which we                      In addition, the term ‘‘small business’’              Commission invites comment on this
                                                  believe will afford operators greater                   has the same meaning as the term                      change and any alternatives.
                                                  flexibility in their system designs. We                 ‘‘small business concern’’ under the
                                                  invite comment on this proposal. Given                  Small Business Act. A small business                  F. Federal Rules That May Duplicate,
                                                  that this requirement applies to NGSO                   concern is one which: (1) Is                          Overlap, or Conflict With the Proposed
                                                  FSS systems by default, is it appropriate               independently owned and operated; (2)                 Rules
                                                  to deny access to every concerned                       is not dominant in its field of operation;                None.
                                                  frequency band if a system design does                  and (3) satisfies any additional criteria
                                                  not allow for continuous U.S. coverage?                 established by the Small Business                     List of Subjects in 47 CFR Part 25
                                                  What are the advantages of retaining, or                Administration (SBA).                                     Satellites.
                                                  removing, this coverage requirement?                       Satellite Telecommunications. This
                                                                                                                                                                Federal Communications Commission.
                                                  For parties that support retaining the                  category comprises firms ‘‘primarily
                                                  domestic coverage requirement, are                      engaged in providing                                  Marlene H. Dortch,
                                                  there particular considerations we                      telecommunications services to other                  Secretary.
                                                  should take into account when deciding                  establishments in the                                   For the reasons discussed in the
                                                  whether or not to waive it in a particular              telecommunications and broadcasting                   preamble, the Federal Communications
                                                  case?                                                   industries by forwarding and receiving                Commission proposes to amend 47 CFR
                                                                                                          communications signals via a system of                part 25 as follows:
                                                  Initial Regulatory Flexibility Analysis                 satellites or reselling satellite
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                     As required by the Regulatory                        telecommunications.’’ The category has                PART 25—SATELLITE
                                                  Flexibility Act (RFA), the Commission                   a small business size standard of $32.5               COMMUNICATIONS
                                                  has prepared this Initial Regulatory                    million or less in average annual
                                                  Flexibility Analysis (IRFA) of the                      receipts, under SBA rules. For this                   ■ 1. The authority citation for part 25
                                                  possible significant economic impact on                 category, Census Bureau data for 2012                 continues to read as follows:
                                                  a substantial number of small entities by               show that there were a total of 333 firms               Authority: Interprets or applies 47 U.S.C.
                                                  the policies and rules proposed in this                 that operated for the entire year. Of this            154, 301, 302, 303, 307, 309, 310, 319, 332,
                                                  FNPRM. We request written public                        total, 299 firms had annual receipts of               605, and 721, unless otherwise noted.



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                                                                    Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Proposed Rules                                            52871

                                                  § 25.146   [Amended]                                    (Commission). This action may be                      Commission’s Interstate Fishery
                                                  ■ 2. In § 25.146, remove paragraph (b)                  necessary to control effort in the                    Management Plan for American Lobster
                                                  and redesignate paragraphs (c), (d), and                American lobster fishery and mitigate                 (ISFMP). Through the ISFMP, the
                                                  (e) as paragraphs (b), (c), and (d).                    impacts on the depleted Southern New                  Commission adopts fishery conservation
                                                  ■ 3. In § 25.217 revise paragraph (b)(1)                England (SNE) lobster stock. NMFS                     and management strategies for the
                                                  to read as follows:                                     intends for this document to promote                  American lobster resource and
                                                                                                          awareness of possible rulemaking and                  coordinates the efforts of the states and
                                                  § 25.217   Default service rules.                       notify the public that actions taken to               NMFS to implement these strategies.
                                                  *      *    *      *    *                               acquire lobster trap allocation and                      The Commission, NMFS, and the
                                                     (b)(1) For all NGSO-like satellite                   permits after the control date may not be             affected states have worked to develop
                                                  licenses for which the application was                  recognized in the future.                             a strategy to address the declining SNE
                                                  filed pursuant to the procedures set                    DATES: We must receive written                        stock and control effort in the American
                                                  forth in § 25.157 after August 27, 2003,                comments on or before December 15,                    lobster fishery. That strategy, which
                                                  authorizing operations in a frequency                   2017.                                                 took shape in several addenda to
                                                  band for which the Commission has not                                                                         Amendment 3 of the Commission’s
                                                  adopted frequency band-specific service                 ADDRESSES: You may submit comments
                                                                                                          on this document, identified by                       ISFMP, attempted to achieve this goal
                                                  rules at the time the license is granted,                                                                     while maintaining the historic character
                                                  the licensee will be required to comply                    NOAA–NMFS–2013–0169 by any of
                                                                                                          the following methods:                                of the lobster fishery, which has
                                                  with the following technical
                                                                                                             D Electronic Submission: Submit all                traditionally been comprised of small
                                                  requirements, notwithstanding the                                                                             owner-operator businesses. As the
                                                                                                          electronic public comments via the
                                                  frequency bands specified in these rule                                                                       Commission’s ISFMP limited access to
                                                                                                          Federal e-Rulemaking Portal. Go to
                                                  provisions: §§ 25.143(b)(2)(ii) (except                                                                       the fishery, the Commission was
                                                                                                          www.regulations.gov/#!docketDetail;D=
                                                  NGSO FSS systems), (iii) (except NGSO                                                                         concerned that lobster permits might
                                                                                                          NOAA-NMFS-2013-0169, click the
                                                  FSS systems), 25.204(e), 25.210(f), (i).                                                                      consolidate among a concentrated
                                                                                                          ‘‘Comment Now!’’ icon, complete the
                                                  *      *    *      *    *                               required fields, and enter or attach your             number of larger conglomerates. As a
                                                  [FR Doc. 2017–24726 Filed 11–14–17; 8:45 am]            comments.                                             result, the Commission’s ISFMP
                                                  BILLING CODE 6712–01–P                                     D Mail: Submit written comments to                 introduced the concept of permit
                                                                                                          John K. Bullard, Regional                             restrictions in 2003 in Addendum IV
                                                                                                          Administrator, National Marine                        and again in 2005 in Addendum VII.
                                                  DEPARTMENT OF COMMERCE                                  Fisheries Service, 55 Great Republic                  These two addenda contemplated
                                                                                                          Drive, Gloucester, MA 01930. Mark the                 limiting the aggregate number of permits
                                                  National Oceanic and Atmospheric                        outside of the envelope, ‘‘Comments on                an individual or entity may own in
                                                  Administration                                          Lobster Control Date.’’                               LCMAs 2 and 3.
                                                                                                             Instructions: Comments must be                        Concern about fishery consolidation
                                                  50 CFR Part 697                                         submitted by one of the above methods                 and conglomeration intensified with the
                                                                                                          to ensure that the comments are                       advent of the Commission’s Trap
                                                  [Docket No. 150401332–7999–01]
                                                                                                          received, documented, and considered                  Transfer Program in 2014. The Trap
                                                  RIN 0648–BF01                                           by NMFS. We may not consider                          Transfer Program allows lobster
                                                                                                          comments sent by any other method, to                 fishermen to buy or sell partial trap
                                                  Atlantic Coastal Fisheries Cooperative                  any other address or individual, or                   allocations up to, but not exceeding, any
                                                  Management Act Provisions; American                     received after the end of the comment                 applicable LCMA trap cap. Attrition in
                                                  Lobster Fishery; Control Date for                       period. All comments received are a                   the fishery from the SNE stock decline
                                                  Lobster Conservation Management                         part of the public record and will                    resulted in a relatively high amount of
                                                  Areas                                                   generally be posted for public viewing                latent trap effort in the SNE LCMAs.
                                                  AGENCY:  National Marine Fisheries                      on www.regulations.gov without change.                The Commission became concerned that
                                                  Service (NMFS), National Oceanic and                    All personal identifying information                  businesses could cheaply purchase and
                                                  Atmospheric Administration (NOAA),                      (e.g., name, address, etc.) submitted                 combine latent permits and then
                                                  Commerce.                                               voluntarily by the sender will be                     activate them by transferring the trap
                                                  ACTION: Advance notice of proposed
                                                                                                          publicly accessible. Do not submit                    allocation onto the permit or by
                                                  rulemaking (ANPR); request for                          confidential business information, or                 activating traps that were already
                                                  comments.                                               otherwise sensitive or protected                      associated with a permit under the trap
                                                                                                          information. NMFS will accept                         banking provisions of Addendum XVIII.
                                                  SUMMARY:   This document announces                      anonymous comments (enter ‘‘N/A’’ in                  Accordingly, the Commission revisited
                                                  that NMFS is considering changes to the                 the required fields if you wish to remain             permit and effort restriction strategies in
                                                  lobster management program and may                      anonymous). We accept attachments to                  Addendum XXI in August 2013 and
                                                  select a control date to restrict the                   electronic comments only in Microsoft                 Addendum XXII in October 2013. These
                                                  number of permits or traps an                           Word or Excel, WordPerfect, or Adobe                  addenda limit the number of traps that
                                                  individual or business entity may own,                  PDF file formats.                                     any one individual or entity may own
                                                  with specific emphasis on Lobster                       FOR FURTHER INFORMATION CONTACT:                      in LCMAs 2 and 3 and are the focus of
                                                  Conservation Management Areas                           Peter Burns, Fishery Policy Analyst,                  this rulemaking action. Under these
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  (LCMAs) 2 and 3. NMFS may use the                       978–281–9144.                                         addenda, permit holders may also
                                                  existing control date of January 27,                    SUPPLEMENTARY INFORMATION:                            purchase traps in excess of the active
                                                  2014, which was published in the                                                                              permit cap and ‘‘bank’’ them. The
                                                  Federal Register, the publication date of               Background                                            banked allocation may be used in the
                                                  this present ANPR, or another date for                    NMFS works cooperatively with the                   future to offset the economic impacts
                                                  this purpose, pending public comment                    states to conserve the American lobster               associated with a multi-year schedule of
                                                  and further input by the Atlantic States                resource within the framework of the                  annual trap reductions in LCMAs 2 and
                                                  Marine Fisheries Commission                             Atlantic States Marine Fisheries                      3 that were adopted in Addendum XVIII


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Document Created: 2018-10-25 10:37:14
Document Modified: 2018-10-25 10:37:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due January 2, 2018. Reply comments are due January 29, 2018.
ContactClay DeCell, [email protected], 202- 418-0803.
FR Citation82 FR 52869 

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