Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9945 available for inspection and copying Reconsideration,’’ filed by Constellation § 25.143 Licensing provisions for the 1.6/ during normal business hours in the Communications, Inc. on November 21, 2.4 GHz Mobile-Satellite Service. FCC Reference Center (Room 239), 1919 1994, the ‘‘Petition for Clarification and * * * * * M Street, N.W., Washington, D.C., and Partial Reconsideration,’’ filed by Loral/ (h) Prohibition of certain agreements. also may be purchased from the Qualcomm Partnership, L.P., on No license shall be granted to any Commission’s copy contractor, November 21, 1994, the ‘‘Petition for applicant for a space station in the International Transcription Service, Clarification and Partial mobile satellite service operating at (202) 857–3800, 2100 M Street, N.W., Reconsideration,’’ filed by Motorola 1610–1626.5/2483.5–2500 MHz if that Suite 140, Washington, DC 20037. Satellite Communications, Inc., on applicant, or any persons or companies Summary of Memorandum Opinion and November 21, 1994, and the ‘‘Petition controlling or controlled by the Order for Partial Reconsideration and applicant, shall acquire or enjoy any Clarification,’’ filed by TRW Inc. on right, for the purpose of handling traffic 1. The Commission continues the November 21, 1994, are granted to the to or from the United States, its development of a regulatory structure extent indicated in this Memorandum territories or possession, to construct or conducive to the rapid and successful Opinion and Order, and are otherwise operate space segment or earth stations, deployment of the global mobile denied. or to interchange traffic, which is satellite service systems known as ‘‘Big 4. It is further ordered that the Rule denied to any other United States LEOs,’’ or low earth orbit Mobile Changes set forth below shall be company by reason of any concession, Satellite Service systems in the 1.6/2.4 effective April 11, 1996. contract, understanding, or working GHz frequency bands. These systems arrangement to which the Licensee or have a wide range of potentially List of Subjects in 47 CFR Part 25 any persons or companies controlling or revolutionary applications, including: Satellites. controlled by the Licensee are parties. (1) providing a comparatively low-cost Federal Communications Commission. 5. Section 25.203 is amended by means of connecting to the world-wide revising paragraphs (j) and (k) to read as William F. Caton, public telephone network, particularly follows: in areas too remote or underpopulated Acting Secretary. to receive service through wires; (2) § 25.203 Choice of sites and frequencies. Rule Changes allowing global ‘‘roaming’’ by users of * * * * * mobile phones, including hand-held Part 25 of Title 47 of the Code of (j) Applicants for non-geostationary phones; (3) providing ‘‘fill-in’’ service Federal Regulations is amended as 1.6/2.4 GHz Mobile-Satellite Service/ for areas not reached by terrestrial follows: Radiodetermination satellite service ‘‘wireless’’ services such as cellular feeder links in the bands 17.7–20.2 GHz telephones; and (4) providing for global PART 25ÐSATELLITE and 27.5–30.0 GHz shall indicate the competition in telephone and data COMMUNICATIONS frequencies and spacecraft antenna gain services, both satellite and terrestrially contours towards each feeder-link earth based. In Amendment of the 1. The authority citation for Part 25 continues to read as follows: station location and will coordinate Commission’s Rules to Establish Rules with licensees of other fixed-satellite and Policies Pertaining to a Mobile Authority: Sections. 101–404, 76 Stat. 419– service and terrestrial-service systems Satellite Service in the 1610–1626.5/ 427; 47 U.S.C. 701–744, Sec. 4, 48 Stat. 1066, sharing the band to determine as amended; 47 U.S.C. 154. Interprets or 2483.5–2500 MHz Frequency Band, 59 geographic protection areas around each FR 53294 (October 21, 1994), 9 FCC Rcd applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303. non-geostationary mobile-satellite 5936 (1994) (‘‘Big LEO Report’’), the service/radiodetermination satellite Commission adopted rules and policies § 25.114 [Amended] service feeder-link earth station. for the Big LEO service. This order (k) An applicant for an earth station addresses requests for reconsideration of 2. Section 25.114 is amended by that will operate with a geostationary that decision, and makes minor changes removing paragraph (c)(6)(iii). satellite or non-geostationary satellite in and clarifications to the rules and 3. Section 25.136(b) is revised to read a shared frequency band in which the policies adopted. as follows: 2. The particular changes adopted non-geostationary system is (or is § 25.136 Operating provisions for earth here address concerns raised by the Big proposed to be) licensed for feeder station networks in the 1.6/2.4 GHz mobile- links, shall demonstrate in its LEO licensees and applicants. We satellite service. decline to adopt a number of other applications that its proposed earth * * * * * changes proposed by the applicants and station will not cause unacceptable licensees. We leave intact the (b) User transceiver units in this interference to any other satellite protections to radio astronomy— service are authorized to communicate network that is authorized to operate in protections developed in negotiations with and through U.S. authorized space the same frequency band, or certify that between Big LEO and radio astronomy stations only. No person shall transmit the operations of its earth station shall interests. We decline at this time to to a space station unless the user conform to established coordination adopt certain technical rules concerning transceiver is first authorized by the agreements between the operator(s) of interference between the competing Big space station licensee or by a service the space station(s) with which the earth LEO systems in order not to preempt vendor authorized by that licensee, and station is to communicate and the prematurely private negotiations. We the specific transmission is conducted operator(s) of any other space station also decline to modify our construction in accordance with the operating licensed to use the band. milestone requirements or system protocol specified by the system operator. § 25.213 [Amended] replacement procedures. 6. Section 25.213 is amended by 3. Accordingly, it is ordered, that the * * * * * removing paragraphs (c) and (d). ‘‘Petition for Reconsideration’’ filed by 4. Section 25.143 is amended by AMSC Subsidiary Corp. on November adding a new paragraph (h) to read as [FR Doc. 96–5765 Filed 3–11–96; 8:45 am] 21, 1994, the ‘‘Petition for follows: BILLING CODE 6712±01±P 9946 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations

47 CFR Part 25 recognized that U.S.-licensed satellites FSS, MSS and DBS satellites. We also providing international services have conclude that these policies should be [IB Docket No. 95±41; FCC 96±14] been regulated under two different implemented without delay. We will polices: (1) The Transborder Policy, address issues relating to the provision Satellite Licensing which permits U.S. domestic fixed of domestic service by non-U.S. AGENCY: Federal Communications satellites (‘‘domsats’’) to provide limited satellites in a forthcoming Notice. In Commission. international services within the that Notice, we will also address issues ACTION: Final rule. footprint of those satellites; and (2) the related to the receipt in the United Separate Systems Policy, which permits States of signals originating in foreign SUMMARY: The Commission is hereby U.S. ‘‘separate systems’’ to provide a countries, whether via U.S. or non-U.S. adopting rules that eliminate the much wider range of international satellites. services, but restricts their provision of regulatory distinctions between U.S.- II. Discussion licensed domestic satellites and separate domestic services. international satellite systems, resulting 4. After examining these policies in A. Modification of U.S. Satellite Policy light of the trend towards a globalized in uniform treatment of all U.S.-licensed 1. General Policy Change geostationary fixed-satellites. Our action economy, we concluded that changes is in response to comments received in were needed to satisfy the growing 7. The Transborder and Separate response to our Notice of Proposed needs of customers for both domestic Systems policies were developed at Rulemaking in this proceeding. and international communications different times and in response to Permitting U.S. operators to provide the services. Consequently, we proposed to different circumstances. Though the widest range of service offerings provide satellite operators and earth policies present different criteria for technically feasible will allow them to station operators with greater flexibility determining whether to authorize U.S.- use their satellites more efficiently and to serve different geographic markets licensed satellites to provide to provide innovative and customer- while minimizing the regulatory delay international service, the intent of both tailored services. associated with the satellite licensing policies was to protect Intelsat from technical or significant economic harm EFFECTIVE DATE: April 11, 1996. process. Specifically, we proposed to eliminate the Transborder Policy in its pursuant to the Intelsat Agreements. FOR FURTHER INFORMATION CONTACT: John entirety and regulate all U.S.-licensed 8. The Transborder Policy was M. Coles, Attorney, Satellite Policy fixed satellites under a modified version developed in 1981, in response to Branch, International Bureau (202) 418– of the Separate Systems Policy. This requests from domsat operators to 0771. would eliminate the distinction between provide international public SUPPLEMENTARY INFORMATION: 1. This is U.S. domsats and separate systems and telecommunications services within the a synopsis of the Commission’s Report allow both space- and earth-segment coverage areas of their satellites. Under and Order in IB Docket No. 95–41; FCC operators to provide both domestic and this policy, we permit domsats to 96–14, adopted January 19, 1996 and international services. We proposed to provide certain international public released January 22, 1996. The complete apply a uniform financial showing to all telecommunications services where: (1) text of this Memorandum Opinion and U.S.-licensed satellites and provide all Intelsat does not provide the service; or Order is available for inspection and U.S.-licensed FSS operators a choice (2) it is clearly uneconomical or copying during normal business hours between common carrier and non- impractical to use Intelsat facilities for the service. These criteria required that in the FCC Reference Center (Room common carrier operators. We also international service would be primarily 239), 1919 M Street, N.W., Washington, asked whether we should extend this incidental to the domestic service (i.e., D.C., and also may be purchased from treatment to other services such as MSS involve extensions of existing domestic the Commission’s copy contractor, and DBS, and whether, and under what networks). The only exceptions to this International Transcription Service, conditions, we should permit non-U.S. policy involve services between the U.S. (202) 857–3800, 2100 M Street, N.W., satellite service providers, including and Canada and the U.S. and Mexico. Suite 140, Washington, DC 20037. those using Intelsat and Inmarsat, to We permit more extensive two-way serve the U.S. domestic market. I. Introduction services between the U.S. and Canada 5. In response to the Notice, we and Mexico because Intelsat has not 2. With this Report and Order, we received thirty-eight initial comments traditionally provided these services. adopt a policy that permits all U.S.- and sixteen reply comments from 9. The Separate Systems Policy was licensed fixed satellite service (‘‘FSS’’) entities representing every sector of the adopted in 1985 and permitted the systems, mobile satellite service communications industry. The establishment of U.S. international (‘‘MSS’’) systems, and direct-broadcast comments overwhelmingly support the satellite systems separate from Intelsat. satellite service (‘‘DBS’’) systems to offer main thrust of our proposals. A small To protect Intelsat’s core revenue base both domestic and international number of comments suggest a phased of switched services, separate satellite services. This will remove outdated or ‘‘transition’’ approach to systems were initially restricted to regulatory barriers to greater implementation of our proposal to providing services through the sale or competition in satellite communications ensure a competitive environment. long-term lease of capacity for services. Others suggest that our proposal does communications not interconnected 3. We initiated this proceeding in not go far enough in eliminating with public switched networks (except April 1995 when we issued a Notice of regulatory hurdles in connection with for emergency restoration service). Proposed Rulemaking (‘‘Notice’’) to earth station licensing and they suggest Before public switched service could be amend the regulatory policies governing alternatives. implemented, each system was required the provision of fixed satellite services 6. By this Report and Order, we adopt to gain approval from the foreign over domestic satellites and separate the proposals set forth in the Notice for international satellite systems.1 We communications authority in each Separate International Satellite Systems, Notice of country to be served and to complete 1 Amendment to the Commission’s Regulatory Proposed Rulemaking, IB Docket No. 95–41, consultation procedures (in accordance Policies Governing Domestic Fixed Satellites and (‘‘Notice’’), 60 FR 24817 ( May 10, 1995). with Article XIV(d) of the Intelsat Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9947

Agreement) to ensure technical international—oppose eliminating the international services provided by U.S.- compatibility and to avoid significant Transborder Policy at the same time the licensed fixed satellites must either economic harm to Intelsat. Because the ‘‘ancillary’’ service restriction is originate or terminate in the U.S. HBO orbital locations requested by separate removed from our separate system believes that we should require U.S.- satellite system applicants were deemed policy. According to GE, separate licensed satellite operators using a limited resource for the provision of satellite systems have advantages in traditional domestic orbital locations to international services, separate system ‘‘landing rights’’ 2 and relationships provide domestic service in lieu of operators were restricted to providing with foreign authorities. Conversely, international service when a shortage of domestic services on an ‘‘ancillary’’ PanAmSat believes a ‘‘transition’’ domestic capacity occurs. In their reply basis. Thus, separate satellite system period is needed during which domsat comments, AT&T and Hughes oppose licensees could use their systems only licensees who wish to use part or all of any requirement to serve the U.S. for domestic communications their satellite capacity for international domestic market. AT&T believes that reasonably related to their use of the services should apply to the market forces will provide sufficient facilities for international Commission for explicit authorization. incentive for U.S. licensees to meet communications. Without the ‘‘transition’’ period, domestic needs. Hughes asserts that 10. In the Notice, we recognized that PanAmSat argues that domestic applicants in the current domsat with the trend towards a globalized licensees will quickly offer north-south processing round have proposed more economy, users whose communications international satellite services from their than enough domsat capacity to meet requirements were once wholly present orbital locations while separate domestic needs. domestic now need international space system licensees could not offer 15. We believe that satellite operators segment capacity to satisfy private-line effective domestic satellite service from should be permitted to use their and other two-way service their present orbital locations. facilities in the manner they deem most requirements. We concluded that 13. We do not believe the public efficient, based on market forces, with current domsat operators might not be interest would be served by delaying the no specific service requirements. This able to meet these needs under the benefits of our policy modifications out policy will actually increase the Transborder Policy. Similarly, we of concern for perceived advantages potential domestic capacity, since recognized that separate system accruing to either domsats or separate current separate systems will be able to customers might be unable to meet the satellites systems. Neither PanAmSat supplement existing domsat capacity. needs of their customers for domestic nor GE has persuasively shown that 16. The Networks’ suggestion that service because of the ‘‘ancillary’’ either domsats or separate systems will international service provided over service restriction in our Separate have an advantage in a competitive U.S.-licensed fixed satellites must either Systems Policy. Thus, we concluded market. Given the manner in which originate or terminate in the U.S. is that the public interest would be best their respective industries have been contrary to precedent regarding the use served by modifying our policy to established, domsats and separate of domsats and separate systems. We reflect the global nature of the system operators can each identify have permitted both domestic and communications needs by eliminating certain advantages in the short term, international U.S.-licensed satellite the distinction between domsats and and we recognized in the Notice that capacity to be used for service to separate systems and permitting U.S.- full competition between domsats and locations that do not involve U.S. licensed fixed-satellite systems to international systems in the near term service.3 provide both domestic and international would be constrained by their current B. Changes to Other Space Station Rules service under a modified Separate antenna beam patterns. We anticipated, Systems Policy. however, that operators would design 1. Financial Qualifications 11. All of the commenters support our next-generation systems to provide 17. In our Notice, we noted that proposal to eliminate the Transborder optimal coverage to those areas they domsat and separate systems are now Policy and to treat all U.S.-licensed FSS wish to serve. subject to different financial satellites under a single regulatory 2. Effect on Domestic Satellite Capacity qualification standards. The domsat regime. The commenters also support standard requires evidence of full eliminating the ‘‘ancillary’’ restriction 14. Some commenters who generally financing before a license is awarded. on separate system operators. The support our proposal are concerned that Although separate satellite system commenters agree that the proposed current domsats may divert satellite operators must ultimately demonstrate changes will promote competition in capacity from the U.S. to foreign the same level of financial commitment, both the domestic and international countries, resulting in insufficient they are permitted to make their satellite services markets and will domestic satellite capacity. To avoid financial showing in two stages because provide additional, much-needed C- this, Capital Cities/ABC, Inc., CBS, Inc., of the unique circumstances applicable band capacity in the domestic market. National Broadcasting Company, Inc., to separate systems. Separate satellite They also cite a need for flexibility to and Turner Broadcasting System, Inc. system operators providing public provide either domestic or international (the ‘‘Networks’’) believe the switched services must first obtain an service, or both, as their own business Commission should clarify that agreement from a foreign country to judgments may necessitate, without the operate with their systems and then need to seek additional Commission 2 ‘‘Landing rights’’ involve one country granting complete the Intelsat Article XIV(d) authorization. Separate system licensees permission for another country’s satellite to provide consultation process. Thus, it may be favor eliminating the distinction service or ‘‘land’’ in its country. Landing rights may also involve completion of the Intelsat Article difficult for a separate system applicant between domestic and international XIV(d) consultation process. Under Article XIV(d) satellites as a means of creating of the Intelsat Agreement, a Party or Signatory that 3 See The Western Union Telegraph Company, additional competition in the U.S. desires to use non-Intelsat space segment (i.e., a File No. 823–DSS–ML–86, FCC 86–376 (released domestic market. ‘‘separate system’’) for the provision of public August 26, 1986) (transponders used for video 12. Although they support the central international telecommunications service must services wholly outside of the U.S.). See also Pan consult with Intelsat to determine if the use of non- American Satellite, 2 F.C.C.Rcd. 7011 (1987) thrust of our policy, two satellite Intelsat space segment will cause either technical or (PanAmSat’s use of four transponder to provide operators—one domestic and one significant economic harm. domestic service within Peru). 9948 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations to get full financing before it knows domestic arc. Consequently, in these the provision of non-common carrier whether and on what terms it will be circumstances, allowing an applicant services. able to provide service. Consequently, some additional time in which to obtain 24. We tentatively concluded in our we issue separate system applicants a financing should not prevent financially Notice that there is no longer a need to conditional grant upon, essentially, the able applicants from implementing require domsat licensees to provide submission of a detailed business plan. systems, nor delay service to the public. capacity on a common carrier basis. Once they complete the Intelsat We will therefore permit operators who With respect to the first prong of consultation process, separate systems apply for orbit locations in uncongested NARUC I, we concluded that sufficient operators may apply for final portions of the orbital arc to request a competitive capacity is and will authorization. At that time they must waiver of the one-step financial continue to be available to assure the submit a showing of full financing. showing. All such requests should U.S. public ample access to fixed- 18. Because our policy modifications include the costs of construction, satellite services. With regard to the would allow separate satellite systems launch, and first-year operation of the second prong of NARUC I, we found to provide both domestic and particular satellite. In addition, the little likelihood that non-common international service, we proposed to request should include specific carrier domsats will hold themselves eliminate the two-stage financial information regarding attempts to obtain out indifferently to serve the public and qualification showing applicable to adequate financing and an explanation that stable, long-term contractual separate system operators. We reasoned as to why such financing could not be offerings to individual customers of that all applicants should be able to obtained. Any applicant requesting a technically and operationally distinct obtain financial commitments based on waiver will have the burden of portions of a satellite fall short of the the justified expectation of revenues demonstrating that the requested waiver indiscriminate offerings contemplated from the provision of domestic service. will not foster the misuse of scarce in NARUC I. We also noted that 19. AT&T and Hughes urge us to orbital resources, and that the public restrictions on separate system offerings apply the same financial qualification interest would therefore not be served have been eroded and no longer limit test to all competitors to guard against by the application of our one-step rule. separate system operators to providing warehousing of scarce orbital spectrum. customized services. We, therefore, Separate satellite system operators 22. All pending separate system proposed to permit but not require U.S. oppose eliminating the two-stage applications filed after the release date space station licensees providing financial showing, citing the limited of the Notice have had notice of our international service to do so on a amount of domestic service that can be proposed rule change and therefore we common carrier basis, if these offerings provided from the orbital locations they will require them to meet our one-step further their business plans. occupy and uncertainties in the financial requirement. We will permit Accordingly, we proposed to allow all consultation process. Because of their these applicants to file amendments U.S. FSS licensees and applicants to orbital locations, they argue that they within 30 days of the effective date of elect whether to provide service on a will still have to rely on international this Report and Order to bring their common carrier or non-common carrier revenues and, therefore, will not be able applications into compliance with the basis. to obtain financial commitments from financial standard or to seek a waiver. 25. Domsat and separate system lenders based on the expectation of Separate system applications filed prior operators support this proposal and note revenues from domestic service. to the release date of the Notice will not that most domestic fixed satellite 20. In the traditional domsat arc, we need to meet the one-step standard. services are already offered on a non- have historically received more system Rather, they will be subject to the two- common carrier basis. In contrast, GCI applications than we can accommodate stage separate systems financial and the Networks are concerned that in orbit. The one-step financial showing requirement applicable at that time. permitting satellite operators to choose therefore prevents those entities without 2. Regulatory Classification their regulatory classification might the requisite financial resources from endanger the amount of capacity tying up scarce orbital resources and 23. Under our current policy, domsat available for domestic service precluding qualified applicants from operators are permitted to sell or lease requirements. The Networks oppose building their proposed systems. In transponders on a non-common carrier changing the current obligation of eliminating the distinction between basis if we find that doing so will not satellite operators to make available a domestic and separate systems unduly reduce the number of sufficient amount of capacity on a satellites, we anticipate increased transponders available on a common common carrier basis. demand for a wider range of orbit carrier basis. In determining whether a 26. We adopt our proposal to permit locations. This is because satellites particular request should be granted, we satellite operators to elect to operate on operating from orbit locations over the have relied upon the analysis set forth a common carrier or non-common ocean regions can still see large portions in NARUC I.4 Specifically, we may carrier basis. As we stated in the Notice, of the United States. Consequently, we regulate an entity as a private carrier no transponder sales application has believe general application of the one- under NARUC I unless: (1) There is or been opposed in the last decade. step financial showing is needed to should be any legal compulsion to serve Further, despite the near-routine prevent warehousing and to allow the the public indifferently; or (2) there are approval of these requests, several maximum number of qualified reasons implicit in the nature of the operators have chosen to continue to applicants to go forward. service to expect that the entity will in offer space segment capacity on a 21. Nevertheless, we cannot ignore fact hold itself out indifferently to the common carrier basis. This suggests that the possibility that some separate eligible user public. This analysis was market forces are sufficient to provide satellite system operators will be limited inapplicable to separate satellite enough common carrier capacity. in their domestic coverage due to more systems since they were established for Neither the Networks nor GCI has easterly or westerly orbital locations. presented any evidence to suggest that Significantly, we generally do not 4 Nat’l Ass’n of Regulatory Utility Commissioners this will not continue. receive as many competing applications v. F.C.C., 525 F.2d 630 (D.C. Cir.), cert. denied, 425 27. While applicants will need to for locations well outside the traditional U.S. 992 (1976). elect their regulatory classification in Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9949 their applications, this election will not on the Commission while allowing more asked, for instance, whether authorizing be of decisional significance. Rather, the rapid service to customers, and enhance U.S.-licensed DBS providers to election will be for informational competition by allowing FSS earth broadcast to customers in other purposes only to enable us to apply station operators a broader choice of countries would be inconsistent with Title II regulations to common carriers. satellites with which to communicate. the ‘‘Plan’’ that assigned DBS orbit Similarly, licensees wishing to change 31. The comments also favor a locations internationally, adopted at the their regulatory classification should simplified procedure for modifying 1983 Regional Administrative Radio notify us in writing of such change, existing earth station licenses to Conference (RARC–83). We also asked including the date on which they intend incorporate domestic and international whether receipt in the U.S. of DBS to do so. No prior approval from the transmissions to all U.S.-licensed programming transmitted from earth Commission will be necessary. satellites. Where no frequency stations in foreign countries would be Commission staff will include the coordination issues are presented, the inconsistent with the provisions of notification of a change in status as an comments suggest that the modification International Telecommunications informational listing in the Satellite and be automatic. If frequency coordination Union (ITU) Appendix 30A regarding Radiocommunication Division’s weekly is required, Group W suggests that we feeder links for DBS. Finally, we Public Notice of actions taken. The staff permit access to a new satellite requested comments on any other will also place a copy of the notification immediately upon certification or matters bearing on the issue of whether in the station file. notification to the FCC that appropriate and to what extent U.S.-licensed frequency coordination procedures have C. Changes to Earth Station Rules. geostationary satellite systems should be been completed. GCI believes that permitted to provide international 28. Under our current licensing licensees operating earth stations in the broadcast and mobile services. scheme, earth stations are classified as C-band should be allowed to submit the either domestic or international additional frequency coordination 1. Direct Broadcast Satellite Service depending on the satellites that will be studies and that such filings should not a. Background accessed. Domestic earth stations are be placed on public notice. HBO typically licensed to communicate with proposes that the modification be made 34. DBS, or Broadcast Satellite Service all domestic satellites in the ‘‘domestic’’ self-executing if no opposition is filed (‘‘BSS’’) as it is referred to portion of the arc, referred to for within 30 days after public notice of the internationally, is a direct-to-home licensing purposes as ‘‘ALSAT.’’ filing of the appropriate coordination service that uses geostationary satellites International earth stations are licensed data. to transmit to small earth terminals. to communicate with specific U.S.- 32. We adopt our proposal to expand Because of the high power at which the licensed separate systems and non-U.S. the ALSAT designation. We further satellites operate, the home dishes can international satellites. Under this agree that the proposal should be be as small as 12 inches in diameter. licensing scheme, domestic earth station implemented with no unnecessary DBS orbital locations and channels have licenses have to be modified to regulatory burden. We recognize, been assigned to countries in Region 2— communicate with any satellites not however, that earth station operators in which includes North, Central, and included in the ‘‘ALSAT’’ designation the C-band that wish to communicate South America—under a Plan adopted and international earth station licenses with an expanded number of satellites at RARC–83. The Plan allocates 32 have to be modified to communicate may need to complete additional channels at each of eight orbital with any satellite not designated on the frequency coordination with respect to locations to the United States from license. terrestrial operators sharing the band. which to provide domestic DBS service. 29. In light of our proposal to Consequently, we automatically modify The Plan also specifies the technical eliminate the distinction between all earth station licenses to allow the parameters under which DBS systems domestic and separate system satellites, facilities to access all U.S.-licensed must operate. Nevertheless, the Plan we tentatively concluded in our Notice satellites, provided that the operator may be modified to permit non-standard that there is no reason to retain any submits, when necessary, a frequency satellites and operations, provided that distinction between domestic and coordination analysis verifying that the they do not cause harmful interference international earth stations using U.S.- expanded operations are fully to satellites operating in compliance licensed space segment. Accordingly, coordinated with other primary users in with the Plan. Procedures for modifying we proposed to retain the ‘‘ALSAT’’ the band under the Part 25 coordination the Plan are set forth in Appendices 30 designation, but broaden its meaning to requirements. and 30A of the ITU Regulations. include all U.S.-licensed satellites Modifications to the regional BSS Plans providing fixed-satellite service. We D. Other Services to change, add, or cancel channel noted that expanding the ‘‘ALSAT’’ 33. In our Notice, we recognized that assignments require the consent of the designation will reduce the number of U.S.-licensed satellite systems providing countries affected by such license modification applications, while services other than domestic fixed modifications. allowing operators to provide service satellite services may be similarly 35. The commenters generally agree immediately consistent with Intelsat constrained in the geographic reach of that it is possible for U.S. licensees to Article XIV(d) consultations. We their services. We requested comment provide DBS service to foreign countries recognized, however, that our proposal on whether licensees of geostationary in a manner consistent with the Region could require additional coordination systems that provide mobile and 2 Plan. They also support a policy that between earth stations operating in the broadcast services should be permitted would permit U.S. DBS operators to C-band and terrestrial C-band facilities. to provide both domestic and provide international service, although 30. All of the comments support this international service subject to U.S. they disagree about the timing for proposal. The commenters agree that the international coordination obligations. implementation of this policy and the proposed modifications will avoid the In addition, we noted that there might conditions under which international need for earth station license be specific considerations for MSS and service should be authorized. modification requests, result in DBS that could dictate a different 36. While agreeing that it would be substantial savings, lessen the burden domestic/international policy. We beneficial to relax geographic 9950 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations constraints on U.S.-licensed satellite orbital location allocated to the United Thus, in this regard DBSC communications systems, HBO urges us States for DBS service. mischaracterizes these channels as to maintain a policy where the orbital 40. On the contrary, we should ‘‘spare’’ channels. Instead, before it can positions best suited to provide service encourage international DBS service provide international service, DBSC in the United States are used primarily since it would advance the public would have to obtain the consent of the to meet domestic communications interest in a number of ways. First, permittees holding assignments for the needs. Accordingly, HBO suggests that permitting international service would channels on which it seeks to provide we approve proposals to provide expand the potential audience for international service, and ensure that its international service from such orbital American programming, and could international service will not cause positions only upon a showing that stimulate economic growth. Second, harmful interference to other DBS doing so would not cause a domestic importing uplinked foreign permittees. shortage. It also asks that we programming would enable operators to 43. Therefore, we conclude that U.S. periodically assess domestic capacity better satisfy the needs and desires of geostationary DBS satellite systems and require service adjustments when enhanced services to multi-lingual should be permitted to provide both necessary. subscribers in the U.S. Third, operators domestic and international services 37. Separate from this proceeding, would enjoy economies of scale for both from their authorized channels without DBSC filed a Petition for Declaratory themselves and their customers if non- additional approval from the Ruling regarding the use of ‘‘spare’’ English language programs could Commission. Prior to commencing such transponders to provide international simultaneously serve same-language service, licensees should ensure that (a) DBS service. DBSC holds a construction communities in the U.S. and in foreign the technical and operational permit for two eleven-channel DBS markets. Finally, the possibility of parameters of the channels have been satellites at 61.5 degrees W.L. and 175 providing international DBS services to successfully coordinated, consistent degrees W.L. DBSC states that it plans Pacific Rim nations could make the with U.S. treaty requirements; and (b) to design each satellite with 16 western-most DBS orbital locations they comply with FCC service rules for transponders. In its Petition, DBSC allocated to the United States—from DBS channels assigned for U.S. requests authority to use the five which no permittee appears ready to domestic use. Naturally, a foreign ‘‘spare’’ or ‘‘extra’’ transponders on each operate in the near future—more administration may impose other satellite for international service, subject attractive platforms, which could conditions before it permits a U.S. accelerate development of those to two conditions: (1) That there would operator to do business there. The locations and thereby accelerate the be no consequent reduction in the use Commission cannot preempt such delivery of DBS service to Hawaii and of its satellites for provision of domestic conditions, but neither will we give Alaska. None of the commenters have DBS, and (2) that full compliance with them independent enforcement under presented any reason why we should all relevant treaty obligations be U.S. law. delay these benefits to the public. ensured. DBSC submitted an 41. We disagree with HBO that we 2. The Mobile Satellite Service engineering study with its Petition to should monitor the industry to ensure a. Background demonstrate that compatible use is that sufficient services are being made technically feasible. available to the United States. We 44. MSS provides seamless data or 38. Local-DBS, Inc., a DBS licensee, believe market forces will determine the voice communications services to supports DBSC’s Petition because it is appropriate balance between maritime land, and aeronautical mobile consistent with ‘‘the Clinton international and domestic offerings. users anywhere. It can also serve FSS Administration’s goal [of] opening the Further, we do not agree with those users. MSS encompasses a number of satellite marketplace to fair and effective commenters who argue that revising our important services, including position competition.’’ Canadian Satellite DBS policy compromises the rights of location, search and rescue Communications, Inc. (‘‘Cancom’’), a foreign administrations. Those communication, disaster management corporation licensed by the Canadian administrations would retain all rights communications, and messaging Radio-television and they now have to license the provision services. The Commission licensed the Telecommunications Commission to of international DBS service to their first U.S. commercial MSS system in distribute radio and television signals countries. The Commission’s refusal to 1989, when we granted American by satellite, opposes DBSC’s petition. It impose an additional layer of regulation Mobile Satellite Corporation (‘‘AMSC’’) contends that adoption of a general upon those seeking to deliver a license to construct and launch a policy permitting U.S. licensees to international DBS service from U.S. geostationary MSS system to serve the provide international DBS service could orbital locations in no way diminishes United States. Last year, we authorized undercut Canadian regulatory policies those rights. the first low-Earth orbit (‘‘LEO’’) MSS designed to preserve Canada’s cultural 42. While we believe the public systems. Specifically, we authorized identity. interest will be served by allowing DBS Motorola, LQSS, and TRW to construct licensees to provide domestic or and launch voice and data systems. We b. Discussion international service from their have authorized Orbcomm, VITA, and 39. International DBS service from an authorized channels, we believe there Starsys to construct and launch data- orbital location assigned to the United are significant obstacles to DBSC or any only systems. In granting these licenses, States would require coordination with other DBS operator providing we emphasized that LEO systems, by the administration in the receiving international DBS service using ‘‘spare’’ virtue of their non-geostationary orbits, country and any other affected channels not assigned to it. At each of are inherently capable of providing administration. However, we see no the orbital locations at which DBSC is global service. Indeed, we required the reason why the Commission should assigned eleven channels, nearly all of Big LEO systems to be designed to impose any barriers on a licensee the remaining 21 channels assigned to provide global coverage. In doing so, we willing to undertake the coordination the United States have been, or soon noted the significant benefits in processes in order to provide will be, assigned to other DBS facilitating the creation of the global international DBS service from an permittees for domestic DBS service. information infrastructure. We asked in Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9951 our Notice whether we should permit developed to allow us to implement a 76 Stat. 419–427; 47 U.S.C. 701–744; 47 U.S. licensed geostationary MSS policy that would permit geostationary U.S.C. 554. systems to provide both domestic and MSS systems, as their counterpart LEO 2. Section 25.110 is amended by international services, as well. MSS systems and geostationary FSS and revising paragraph (b) to read as follows: 45. Most commenters recommend that DBS systems, to provide international as we defer, to a future proceeding, the well as domestic service. Before an MSS § 25.110 Filing of applications, fees, and issues concerning MSS. Two of these licensee can actually provide service in number of copies. commenters—Loral/Qualcomm and a foreign territory, it must complete its * * * * * Constellation—are licensees in the Big international coordination obligations (b) Applications for satellite radio LEO Service and contend that there are and obtain any required approvals from station authorizations governed by this characteristics unique to MSS that any the countries it wishes to serve. part and requiring a fee shall be mailed change in the Commission’s MSS or hand-delivered to the locations policies should take into account. For III. Conclusion specified in part 1, subpart G of this example, they assert that AMSC’s 47. In this Report and Order, we chapter. All other applications shall be system has not been successfully eliminate the outdated regulatory submitted to the Secretary, Federal coordinated internationally. In addition, framework that distinguished domsats Communications Commission, 1919 M they note that geostationary MSS from separate systems and allow all Street, N.W., Washington, DC 20554. technology generally does not permit U.S.-licensed satellites in the fixed * * * * * more than one system to serve a satellite service to provide both 3. Section 25.113 is amended by geographic area using the same domestic and international services. To revising paragraphs (b) and (d) to read frequencies, resulting in far fewer MSS effectuate this, we eliminate the as follows: systems than FSS systems. Thus, they Transborder Policy in its entirety and § 25.113 Construction permits. request that we defer any policy regulate all U.S.-licensed fixed satellites decision concerning geostationary under a modified Separate Systems * * * * * (b) Construction permits are not systems to take into account the Policy. In doing so, we enhance the required for satellite earth stations that implications for U.S.-licensed LEO opportunity for the provision of operate with INTELSAT or INMARSAT systems. In contrast, COMSAT supports innovative satellite service offerings space stations, or for earth stations that eliminating geographic barriers for U.S. without artificial regulatory barriers. In operate with U.S.-licensed space geostationary MSS systems provided addition, we extend the benefits of this that COMSAT is also permitted to stations. Construction of such stations new policy to other services by may commence prior to grant of a provide domestic and international permitting DBS satellites and services. license at the applicant’s own risk. geostationary MSS satellites to provide Applicants must comply with the b. Discussion both domestic and international provisions of § 1.1312 of this chapter services. 46. We conclude that it is in the relating to environmental processing public interest to permit U.S.-licensed IV. Ordering Clauses prior to commencing construction. A simultaneous application for a geostationary MSS systems to provide 48. Accordingly, it is ordered that Part construction permit and station license both domestic and international service. 25 of the Commission’s rules is may be made for all earth station and As Comsat notes, customer demands for amended as set forth below effective space station facilities governed by this communication services are becoming April 11, 1996. increasingly global. In our Big LEO 49. It is further ordered that DBSC’s part. Rulemaking,5 we addressed the many petition to use transponders to provide * * * * * public benefits associated with global international DBS service is granted. (d) In addition to the construction MSS systems and required the systems 50. This action is taken pursuant to permit required by paragraph (a) of this in that proceeding to be capable of Sections 4 and 303(r) of the section, a launch authorization must be providing global coverage. We conclude Communications Act of 1934, as applied for and granted before a space that permitting U.S.-licensed amended, 47 U.S.C. 154, 303(r), and station may be launched and operated geostationary MSS systems to provide Section 201(c) of the Communications in orbit. Request for launch and both domestic and international services Satellite Act of 1962, 47 U.S.C. 721(c). operation authorization and station will offer similar benefits, including license may be included in the promoting increased competition, List of Subjects in 47 CFR Part 25 application for space station increased consumer choices, and further Communications common carriers, construction permit. A launch development of the global information Radio, Satellites. authorization and station license may infrastructure. The Big LEO licensees also be requested at any time for a space Federal Communications Commission. have not provided any valid reason to station constructed as an on-ground delay these public interest benefits. The William F. Caton, spare satellite. However, an application fact that there are fewer MSS systems Acting Secretary. for authority to launch and operate an than FSS systems or that spectrum Final Rules on-ground spare satellite will be coordination for the AMSC system has considered to be a newly filed not yet been completed has little bearing Part 25 of Title 47 of the CFR is application for cut-off purposes, except on whether we should permit AMSC or amended as follows: where the space station to be launched other U.S. MSS licensees to extend its PART 25ÐSATELLITE is determined to be an emergency service offerings internationally. We COMMUNICATIONS replacement for a previously authorized conclude that the record is sufficiently space station which has been lost as a 1. The authority citation for Part 25 result of a launch failure or a 5 See In re Amendment of the Commission’s Rules continues to read as follows: catastrophic in-orbit failure. to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610–1626.5/2483.5– Authority: Secs. 25.101 to 25.601 issued * * * * * 2500 MHz Frequency Bands, 9 F.C.C.Rcd. 4936 under Sec. 4, 48 Stat. 1066, as amended; 47 4. Section 25.114 is amended by (1994) (the ‘‘Big LEO Order’’). U.S.C. 154. Interpret or apply secs. 101–104, revising paragraph (c)(18) and removing 9952 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations and reserving paragraphs (c)(23) and will maintain public information on the service must demonstrate, on the basis (c)(24) to read as follows: status of any such agreements. of the documentation contained in its * * * * * application, that it is legally, financially, § 25.114 Applications for space station technically, and otherwise qualified to authorizations. 8. Section 25.131 is amended by revising paragraphs (b), (g) and (j) to proceed expeditiously with the * * * * * read as follows: construction, launch and/or operation of (c) * * * each proposed space station facility (18) Detailed information § 25.131 Filing requirements for receive- immediately upon grant of the requested only earth stations. demonstrating the financial authorization. Each applicant must qualifications of the applicant to * * * * * provide the following information: (b) Except as provided in paragraph (j) construct and launch the proposed * * * * * of this section, receive-only earth satellites. Applications shall provide the 10. Section 25.202 is amended by stations may be registered with the financial information required by revising paragraph (c) to read as follows: § 25.140 (b) through (e) or § 25.142(a)(4). Commission in order to protect them from interference from terrestrial § 25.202 Frequencies, frequency tolerance * * * * * microwave stations in bands shared co- and emission limitations. 5. Section 25.115 is amended by equally with the fixed service in * * * * * revising paragraph (c) introductory text accordance with the procedures of (c) Orbital locations assigned to space to read as follows: § 25.203 and §§ 25.251 through 25.256. stations licensed under this part by the § 25.115 Application for earth station * * * * * commission are subject to change by authorizations. (g) Reception of signals or summary order of the Commission on programming from non-U.S. satellites * * * * * 30 days notice. An authorization to may be subject to restrictions as a result construct and/or to launch a space (c) Large Networks of Small Antennas of international agreements or treaties. station becomes null and void if the operating in the 12/14 GHz bands with The Commission will maintain public construction is not begun or is not U.S. satellites for domestic services. information on the status of any such completed, or if the space station is not Applications to license small antenna agreements. launched and positioned at its assigned network systems operating in the 12/14 orbital location and operations GHz frequency band under blanket * * * * * (j) Receive-only earth stations commenced in accordance with the operating authority shall include the operating with INTELSAT space station authorization, by the respective following: stations, or U.S.-licensed and non-U.S. date(s) specified in the authorization. * * * * * space stations for reception of services Frequencies and orbital location 6. Section 25.117 is amended by from other countries, shall file an FCC assignments are subject to the policies revising paragraph (a) to read as follows: Form 493 requesting a license for such set forth in the Report and Order, FCC station. Receive-only earth stations used 83–184, adopted April 27, 1983 in CC § 25.117 Modification of station license. to receive INTELNET I services from Docket No. 81–704 and the Report and (a) Except as provided, no INTELSAT space stations need not file Order, adopted July 25, 1985 in CC modification of a radio station governed for licenses. See Deregulation of Docket No. 84–1299 as modified by the by this part which affects the parameters Receive-Only Satellite Earth Stations Report and Order, adopted January 19, or terms and conditions of the station Operating with the INTELSAT Global 1996 in IB Docket No. 95–41. authorization shall be made except Communications Satellite System, * * * * * upon application to and grant of such Declaratory Ruling, RM No. 4845, FCC 11. Section 25.210 is amended by application by the Commission. No 86–214 (released May 19, 1986). revising the introductory portions of license modification will be required if 9. Section 25.140 is amended by paragraphs (e) and (j) and removing and the licensee seeks to access another revising the section heading and reserving paragraph (f) to read as U.S.-licensed fixed satellite provided: paragraphs (a) and (b) to read as follows: follows: (1) Consultations pursuant to Article § 25.140 Qualifications of fixed-satellite XIV(d) of the INTELSAT Agreement § 25.210 Technical requirements for space space station licensees. stations in the Fixed-Satellite Service. have been completed for the satellites, (a) New fixed-satellites shall comply services and countries involved; and * * * * * with the requirements established in (e) For fixed-satellite space stations (2) The operators of the U.S.-licensed Report and Order in CC Docket No. 81– providing international service, full systems have received specific 704. The requirements for radio station frequency re-use is defined as follows: authorization to provide the services to applications for new fixed-satellites are the proposed locations. * * * * * specified in Appendix B to the (j) All operators of space stations shall * * * * * Commission’s 1983 Processing Order file a semi-annual report with the 7. Section 25.130 is amended by (93 FCC2d 1260 (1983)). Applications International Bureau and the revising paragraph (d) to read as must also meet the requirements in Commission’s Laurel, Maryland field follows: paragraphs (b) through (e) of this office containing the following section. The Commission may require information: § 25.130 Filing requirements for additional or different information in transmitting earth stations. * * * * * the case of any individual application. * * * * * 12. Section 25.211 is amended by Applications will be unacceptable for revising paragraph (b) to read as follows: (d) Transmission of signals or filing and will be returned to the programming to non-U.S. satellites, or to applicant if they do not meet the § 25.211 Video Transmissions in the foreign points by means of U.S.-licensed requirements referred to in this Domestic Fixed-Satellite Service. fixed satellites, may be subject to paragraph. * * * * * restrictions as a result of international (b) Each applicant for a space station (b) All 4/6 GHz analog video agreements or treaties. The Commission authorization in the fixed-satellite transmissions shall contain an energy Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9953 dispersal signal at all times with a interest provisions pertaining to the authority of Sections 4(i) and 303(r) of minimum peak-to-peak bandwidth set at administration of amateur operator the Communications Act of 1934, as whatever value is necessary to meet the license examinations. It also eliminates amended, 47 U.S.C. §§ 154(i) and power flux density limits specified in the requirement that volunteer (303)(r). § 25.208(a) and successfully coordinated examiners (VEs) and volunteer- List of Subjects in 47 CFR Part 97 internationally and accepted by adjacent examiner coordinators (VECs) who U.S. satellite operators based on the use administer and coordinate amateur Examinations, Radio, Volunteers. of state of the art space and earth station operator examinations maintain records Federal Communications Commission. facilities. Further, all transmissions of out-of-pocket expenses and annually William F. Caton, certify those expenses to the operating in frequency bands described Acting Secretary. in § 25.208(b) and (c) shall also contain Commission. The effect of these rule an energy dispersal signal at all times amendments is to further the public Final Rules with a minimum peak-to-peak interest because they eliminate Part 97 of Chapter I of Title 47 of the bandwidth set at whatever value is unnecessary regulatory burdens. Code of Federal Regulations is amended necessary to meet the power flux EFFECTIVE DATE: April 11, 1996. as follows: density limits specified in § 25.208(b) FOR FURTHER INFORMATION CONTACT: and (c) and successfully coordinated Maurice J. DePont, Federal PART 97ÐAMATEUR RADIO SERVICE internationally and accepted by adjacent Communications Commission, U.S. satellite operators based on the use Washington, D. C. 20554, (202) 418– 1. The authority citation for Part 97 of state of the art space and earth station 0690. continues to read as follows: facilities. The transmission of an SUPPLEMENTARY INFORMATION: This is a Authority: 48 Stat. 1066, 1082, as unmodulated carrier at a power level summary of the Commission’s Order, amended; 47 U.S.C. 154, 303. Interpret or sufficient to saturate a transponder is adopted February 28, 1996, and released apply 48 Stat. 1064–1068, 1081–1105, as prohibited, except by the space station February 28, 1996. The complete text of amended; 47 U.S.C. 151–155, 301–609, unless otherwise noted. licensee to determine transponder this Commission action, including the performance characteristics. All 12/14 rule amendments, is available for § 97.509 [Amended] GHz video transmissions for TV/FM inspection and copying at the Federal 2. Section 97.509 is amended by shall identify the particular carrier Communications Commission, Room removing paragraph (b)(5). frequencies for necessary coordination 246, 1919 M Street, N. W., Washington, with adjacent U.S. satellite systems and D. C. The complete text of this Order § 97.521 [Amended] affected satellite systems of other may also be obtained from the 3. Section 97.521 is amended by administrations. Commission’s copy contractor, removing paragraph (e). * * * * * International Transcription Services, 13. Section 25.276 is amended by Inc., 2100 M Street, N.W., Suite 140, § 97.527 [Amended] revising paragraph (c) to read as follows: Washington, D. C. 20037, telephone 4. Section 97.527 is amended by (202) 857–3800. removing paragraphs (c), (d), (e), and (f). § 25.276 Points of communication. Summary of Order: [FR Doc. 96–5764 Filed 3–11–96; 8:45 am] * * * * * (c) Transmission to or from foreign 1. By this Order, we are revising the BILLING CODE 6712±01±P points over space stations in the Fixed- rules for the amateur service, consistent Satellite Service, other than those with the statutory mandate of the 1996 operated by the International Telecommunications Act, to remove the DEPARTMENT OF TRANSPORTATION Telecommunications Satellite conflict-of-interest provisions pertaining Organization and Inmarsat, are subject to the administration of amateur National Highway Traffic Safety to the policies set forth in the Report operator license examinations. Administration 2. Also, to be consistent with the new and Order, adopted January 19, 1996 in 49 CFR Part 571 IB Docket No. 95–41. statutory mandate, we are eliminating the requirement that volunteer [Docket No. 96±18, Notice 01] [FR Doc. 96–5822 Filed 3–11–96; 8:45 am] examiners (VEs) and volunteer- BILLING CODE 6712±01±P examiner coordinators (VECs), who RIN 2127±AG32 administer and coordinate amateur operator examinations, maintain records Federal Motor Vehicle Safety 47 CFR Part 97 of out-of-pocket expenses, and, annually Standards; Brake Hoses certify those expenses to the [FCC 96±74] AGENCY: National Highway Traffic Commission. Safety Administration (NHTSA), DOT. Conforming Amateur Service Rules to 3. These rule amendments are the Provisions of the necessary in order to make our rules ACTION: Final rule; technical Telecommunications Act of 1996 consistent with the requirements of the amendment. 1996 Telecommunications Act. SUMMARY: AGENCY: Federal Communications 4. The amended rules are set forth This document updates Commission. below, effective April 11, 1996. several addresses and dates in Standard No. 106, ‘‘Brake Hoses.’’ These ACTION: Final rule. 5. The rule amendments have been analyzed with respect to the Paperwork amendments reflect the new name of the SUMMARY: This action amends the Reduction Act of 1990, 44 U.S.C. office to which a person should write amateur service rules, consistent with §§ 3501–3520, and are found to when filing a designation that it is a the statutory mandate of the 1996 eliminate a paperwork burden imposed manufacturer of a brake hose or brake Telecommunications Act, to remove upon the public. hose assembly. certain unnecessary and outdated 6. This Order and the rule EFFECTIVE DATE: This rule is effective regulations. It removes the conflict-of- amendments are issued under the April 11, 1996.