PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-425 Released February 23, 2009 INTERNATIONAL BUREAU ESTABLISHES WEBSITE FOR LIST OF PREVIOUSLY APPROVED NON-ROUTINE EARTH STATION ANTENNAS In the Part 25 Earth Station Fifth Report and Order, the Federal Communications Commission (Commission) adopted streamlined procedures for reviewing non-routine earth station license applications.1 As part of that Report and Order, the Commission directed the International Bureau to create a list of approved non-routine earth station antennas to be posted on the Commission's website.2 The Commission concluded that a website listing approved non-routine antennas, including antenna gain patterns and the conditions placed on the use of each antenna, would help applicants in preparing applications for non-routine earth station licenses and expedite review of these applications.3 In this Public Notice, the Bureau announces the creation of the website listing approved non- routine earth station antennas. This website can be found at . The website lists all non-routine earth station antennas approved since the Commission released the Part 25 Earth Station Fifth Report and Order. The list also contains the file number of the application requesting that antenna, and the call sign of the license authorizing use of that antenna. The Bureau will add new non- routine antennas to the list as it authorizes them. Earth station applicants proposing to use an antenna that is on this list will no longer need to attach antenna radiation plots as an exhibit to their applications, as required by Section 25.132(b)(3) of the Commission's rules.4 Rather, they need only provide an attachment to their applications citing the particular non-routine earth station antenna they plan to use, and an application file number and call sign of a license in which that type of non-routine antenna has been approved. Barring any countervailing considerations, the Bureau will grant the application for the non-routine antenna, provided that the applicant seeks to offer the same kinds of services as the previously authorized antenna and with the same or substantially similar operating conditions. Applications for non-routine antennas intended to provide a service different from those offered by earth 1 2000 Biennial Regulatory Review -- Streamlining and Other Revisions of Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations, Fifth Report and Order, IB Docket No. 00-248, 20 FCC Rcd 5666 (2005) (Part 25 Earth Station Fifth Report and Order). For a discussion of the distinction between routine and non-routine earth station antennas, see Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5674-75 (paras. 17-18). 2 Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5690-91 (para. 59). 3 Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5690-91 (para. 59). 4 47 C.F.R. § 25.132. See also Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5689 (paras. 53-54). 2 stations on this list, or intended to operate with parameters different from previously authorized antennas on the list, will be handled, as before, on a case-by-case basis. In establishing the list of previously approved non-routine earth station antennas, we are not changing the Commission's procedures that require applicants proposing non-routine earth stations to (1) coordinate the non-routine operations with all other potentially affected satellite networks, or (2) reduce operating powers sufficiently so that the non-routine earth station would not cause any more harmful interference to an adjacent satellite network than a routine earth station would.5 Non-routine earth station antennas licensed under the coordination procedure are generally limited by condition(s) to communicate only with specific space stations at specific orbit locations.6 We remind earth station applicants that citing to an antenna on the List of Previously Approved Non-Routine Antennas does not relieve them from any requirement to coordinate with all potentially affected satellite operators that would otherwise apply to them.7 In addition, an applicant citing this List does not guarantee favorable action by the Commission on its application. 5 Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5699 (para. 84). 6 Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5699 (para. 84). The procedure allowing applicants to lower their power levels was replaced by the off-axis EIRP procedure adopted in the Part 25 Earth Station Eighth Report and Order. See 2000 Biennial Regulatory Review -- Streamlining and Other Revisions of Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations, Fifth Report and Order, IB Docket No. 00-248, FCC 08-246 (released Oct. 17, 2008) at para. 108 (Part 25 Earth Station Eighth Report and Order). 7 Part 25 Earth Station Fifth Report and Order, 20 FCC Rcd at 5693-94 (para. 68).