By John Quale, Brian Weimer and John Beahn

Seeking to further expedite the review of satellite and earth station applications, the Federal Communications Commission (FCC) in July 2003 released yet another decision modifying the licensing and filing requirements applicable to these services. The FCC’s July action specifically mandates submission of a new, standardized application form for space station license applications, adopts a new streamlined form for earth station applicants, and initiates electronic filing for many satellite and earth station filings. It follows the FCC’s April 2003 adoption of a new first-come/first-served approach for satellite space station licensing and, in June 2003, the implementation of a procedure whereby space station licensees can operate satellites in their fleets at any one of the orbit locations assigned to the company without prior Commission approval. The June 2003 decision also permitted receive-only earth stations to access foreign-licensed satellites on the FCC’s "Permitted Space Station" list. The FCC’s most recent installment in this triumvirate of decisions makes great strides toward streamlining the application process by mandating electronic filing in many instances and by creating an online, interactive application process that should greatly simplify the approval process.

Adoption Of Schedule S

The FCC decision creates a new form, a so-called "Schedule S," for the standardized submission of technical and operational data by prospective satellite and earth station licensees. The FCC previously required prospective licensees to file a Form 312 and to describe in narrative form the technical and operational data set forth in Section 25.114 of the Commission’s rules. Serving as an attachment to Form 312, the new Schedule S standardizes the application data requirements of Section 25.114 to collect information regarding desired frequencies, orbit location and other detailed technical and operational data.

In mandating the Schedule S submission requirement, the Commission noted that standardizing the satellite application information requirements would make it easier to develop a tracking database for information on licensed satellites. The Commission also determined that it might be able to expedite its review of satellite applications with the adoption of the more detailed and standardized information contained in Schedule S. Finally, the Commission expressed its hope that Schedule S will further its ultimate goal of complete electronic filing for the satellite and earth station industry.

Under the new procedures, the International Bureau will issue a public notice at least 30 days before applicants will be required to use the fully-implemented Schedule S form in International Bureau Filing System (IBFS). Until full electronic implementation of the Schedule S is completed, applicants should print out the Schedule S form from the IBFS home page and submit a completed Schedule S as a .pdf attachment to associated filings.

Who Must File Complete Schedule S?

All prospective space station licensees, including DBS operators (but not DARS applicants), must complete Schedule S and file it with their applications. To ensure consistent regulation between non-U.S. and domestic applicants, the Commission extended the Schedule S filing requirements to non-U.S. licensed space station operators seeking access to the U.S. market.

Form 312EZ

At present, C-band and Ku-band earth station applicants use Form 312 to apply for most earth station and space station licenses. The FCC’s decision creates a streamlined version of Form 312, called "Form 312EZ," for routine C-band and Ku-band earth station applications in the conventional C- and Ku-band. To the extent that prospective licensees satisfy the Form 312EZ requirements (completion of radiation studies, coordination for C-band authorization, and resolution of any foreign ownership issues), they will be eligible for the International Bureau’s so-called "auto-grant" procedure. Noting that it is still considering revisions to its technical rules for the Ka-band, the FCC declined to permit Ka-band earth station applicants to use Form 312EZ. All applicants must use Form 312 until Form 312EZ is available.

Forms 405 And 701

Prospective licensees currently use several Commission-wide forms for satellite network authorizations, including FCC Form 701 (Application for Additional Time to Construct) and Form 405 (Application for Renewal of Stations). In the context of earth station licensing only, the FCC decision renames Form 405 as Form 312-R and eliminates use of Form 701 in its entirety. As a result, satellite operators seeking milestone extensions should file an application for a license modification using Form 312.

Electronic Filing For Earth Station Applications

The FCC’s decision adopts mandatory electronic-only filing for routine C-band and Ku-band earth station license applications and for earth station assignment and transfer of control applications. All other earth station applications are permitted, but not required, to be filed electronically. Finally, the decision requires parties to file pleadings in the IBFS system electronically in response to applications, such as petitions to deny, comments, or replies. This requirement will take effect concurrently with the availability of the new Form 312EZ.

In the short term, the Commission hopes that these simplified procedures will speed review of satellite applications and provide greater access to information concerning all aspects of the satellite licensing process. Longer term, the Commission expects that the new procedures ultimately will lead to the electronic automation of its satellite and earth station licensing review procedures. Whatever the final outcome of the various rule changes the FCC has adopted over the past few months, however, no one can doubt that the FCC is using its best effort to streamline the satellite licensing process.

John Quale, Brian Weimer and John Beahn are attorneys in the Washington, DC, office of Skadden, Arps, Slate, Meagher & Flom LLP. Quale’s email address is [email protected]; Weimer’s email address is [email protected]; and Beahn’s email address is [email protected].