FCC Record, Volume 2, No. 2, Pages 410 to 642, January 20 - January 30, 1987 Page: 496
ii, 410-642, iii p. ; 28 cm.View a full description of this book.
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Federal Communications Commission Record
from the user unit to the gateway station and one for transmissions
from the gateway earth station back to the user units.
Given the limited MSS spectrum, it would not be efficient to
use the MSS spectrum for those portions of these links between
the satellite and the gateway station (i.e. feeder links) when
they can be provided in FSS bands. Although this problem
would be eliminated if a simplex "push to talk" mode of
operation is used, this would present a variety of difficulties
due to the inherent propogation delays in satellite communications.
Thus, we conclude that feeder links operating in the FSS
frequency bands would make the most efficient use of the
spectrum.
51 Notice, supra note 1, at para. 22.
52 RDSS Licensing Order, supra note 26, at note 51.
53 See Notice, supra note 1, at para. 33.
54 The service providers may be independent resellers, individual
members of the consortium or the consortium itself.
See note 57, infra.
55 The Commission has not required individual licenses for
large networks of identical domestic fixed-satellite earth station
antennas, radiodetermination earth station antennas or for land
mobile radio facilities. RDSS Licensing Order, supra note 26, at
para. 29; Space and Earth Stations in the Routine Licensing of
Large Networks of Small Antenna Earth Stations, Mimeo No.
3588 (released April 9, 1986); Schlumberger Tehnology Corp.,
Mirneo No. 4658 (released June 7, 1984); Individual Licensing
Procedures in the Public Mobile Radio Services, 77 FCC 2d 84
(1980).
5b Notice, supra note 1, at paras. 32-33.
57 See comments of Mobilesat, CBS, Omninet. CBS states that
direct access by end users is essential for entities such as itself
that will require dedicated MSS channel allocations accessed by
a private network of base stations.
58 We will not at this time limit the types of services that
may be offered by the consortium provided that the service is
consistent with the MSS service definition. The space segment
licensee may serve other carriers that will, in turn, resell
services to end users or it may serve end users directly, provided
that the terms of all offerings are nondiscriminatory. The
consortium itself or any individual member may access the
system on terms identical to those offered to the general public.
We reserve jurisdiction to revisit these matters and restrict
certain offerings, e. g., lease of dedicated full-time transponders
to particular entities and resale to affiliates, if it appears that
sufficient capacity is not being made available to the general
public.
59 See Competitive Common Carrier Services (First Report
and Order), 85 FCC 2d 1 (1980). Under streamlined regulation,
carriers can file tariffs on 14 days' notice with no cost support
data, tariffs are presumed lawful, and carriers are not required
to obtain prior Section 214 authorization for new facilities. The
basic Section 214 authorization for the space segment consortium
will be included in the Title III authorization. See Orbit
Deployment Plan
Domestic Satellite, 84 FCC 2d 584 (1981).
60 A rural cellular service was recently established by the
Commission although it is not yet implemented. Rural Cellular
Service, 51 Fed. Reg. 26895 (July 28, 1986).
61 Sec 47 C.F.R. 22.600-22.610 (rural radio service) and 47
C.F.R. 22.1000-22.1008 (offshore radio telecommunications
service). Seerecon. 51 FCC 2d 945 (1975), FCC 78-854 (1978),
aff d sub nom. NARUC v. FCC, 525 F. 2d 630 (D.C. Cir. 1976),
cert. denied, 425 U.S. 992 (1976) (specialized mobile radio service).
62 Sec note 26, supra.63 See, e. g., Petition for Rulemaking to Establish Basic
Exchange Telecommunications Radio Service filed by the Rural
Electrification Association, National Rural Telecom Association,
National Telephone Cooperative Association, Organization for
the Protection and Advancement of Small Telephone Companies,
and United States Telephone Association seeking to
establish a rural telephone service using terrestrial radio at 450
and 800 MHz.
64 If we are persuaded that multiple feeder links are not
feasible, see para. 30, supra, we may need to revisit our regulatory
framework and impose more stringent regulatory oversight
over this portion of the ground segment.
65 See Competitive Common Carrier Services (Fourth Report
and Order), 95 FCC 2d 554 (1983) at para. 35; Competitive
Common Carrier Services (Second Report and Order), 91 FCC
2d 59 (1982).
66 Notice, supra note 1, at para. 34.
67 Nationwide Paging Service, 93 FCC 2d 908, recon. 97 FCC
2d 900 (1984).
68 Id. at 129-130.
69 47 U.S.C. 152(b). 221(b).
70 See, e. g., Domestic Satellite Earth Stations, 81 FCC 2d 304,
310 (1980); RCA American Communications, Inc., 74 FCC 2d
435, 437 (1979).
71 Where, as here, state regulation would negate the federal
plan, preemption of such regulation has been upheld. See North
Carolina Utilities Comm'n v. FCC. 537 F.2d 787 (4th Cir.), cert.
denied, 429 U.S. 1027 (1976), and North Carolina Utilities
Comm'n v. FCC, 552 F.2d 1036 (4th Cir.), cert. denied, 434 U.S.
874 (1977). See also Florida Lime California v. FCC, 798 F. 2d 1515 (D.C.Cir. 1986).
74 Allocation Order, supra note 5, at para. 121; Notice, supra
note 1, at para. 4.
75 See, c. g., comments of Global, Hughes.
76 Rockwell is an option holder in Skylink's proposed
"Skylink America."
77 We do not preclude the consortium from recognizing
non-tangible contributions, such as proprietary data. However,
the value of these contributions are to be negotiated among the
partners rather than be specified by the Commission, and the
initial contribution must be made in cash.
78 The administrative details of the escrow account are to be
finalized by the consortium, including any criteria for withdrawing
funds. The consortium is required to keep the Commission
notified of these arrangements as well as of the status of
the account.
79 For example, assume that six entities make the initial $5
million contribution. Of the six, two do not wish to contribute
additional funds, one contributes an additional $30 million for
'total of $35 million (not wishing to contribute anymore), and
three remain interested in financing the remainder of the
system. If the estimated cost of the system is $300 million, each
of the three companies would be limited to an $85 million
investment, or a pro rata share of the remaining $255 million.
80 A technical amendment may be filed in the event additional
spectrum is allocated in the UHF frequencies.
81 In light of the upcoming Mobile WARC in August, 1987, it
is in the consortium's interest to provide this information as
soon as possible.496
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 2, Pages 410 to 642, January 20 - January 30, 1987, book, January 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1609/m1/91/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.