[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51263-51264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20302]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[FCC 14-109]
Extension of the Consummation Deadline for Space and Earth
Station License Transfers and Assignments
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission's rules to extend the time
by which parties must consummate an approved satellite space station or
earth station license assignment or transfer of control from 60 to 180
days. This will provide parties greater flexibility to set closing
dates, decrease the need to file extension of time requests, and
harmonize this consummation deadline with that in other wireless
services.
DATES: Effective August 28, 2014.
FOR FURTHER INFORMATION CONTACT: Clay DeCell, 202-418-0803.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 14-109, adopted July 31, 2014, and released August 1, 2014. The
full text of the Order is available for download at https://apps.fcc.gov/edocs_public/. It 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).
Synopsis of the Order
By this Order, we amend Sec. 25.119(f) of the Commission's rules
to extend the time by which parties must consummate an approved
satellite space station or earth station license assignment or transfer
of control from 60 to 180 days. This amendment is part of the
Commission's process reform initiative and will provide parties greater
flexibility to set closing dates, decrease the need to file extension
of time requests, and harmonize this consummation deadline with that in
other wireless services. Because this amendment involves a rule of
agency procedure, general notice and an opportunity to comment are not
required. 5 U.S.C. 553(b)(A).
Section 25.119(f) of the Commission's rules requires space station
and earth station licensees to consummate an assignment or transfer of
control within 60 days from the date of authorization. 47 CFR
25.119(f). This period is shorter than the 180-day consummation period
for wireless licenses, which are often involved in the same transaction
with satellite licenses. See 47 CFR 1.948(d). Moreover, many space
station and earth station licensees seek Commission approval well in
advance of closing a transaction, and may need more than 60 days to
consummate after Commission authorization. This can result in the
filing of requests to extend the consummation deadline, and these
requests have been granted.
To address this issue, a staff working group recommended, under
Recommendation 5.30 of its Process Reform Report, extending the 60-day
consummation period to 180 days. We find that it is in the public
interest to adopt this recommendation. The amendment will remove
unnecessary administrative burdens by eliminating the filing of such
extension of time requests. A 180-day deadline may also facilitate
transactions involving a company holding licenses in multiple services.
We hereby modify Sec. 25.119(f) of our rules consistent with
Recommendation 5.30. Accordingly, parties to an approved license
transfer or assignment will be required to consummate the transaction
within 180 days from the date of authorization, instead of within 60
days.
Accordingly, it is ordered that, pursuant to sections 4(i) and 4(j)
of the Communications Act, as amended, 47 U.S.C. 154(i), (j), and
section 553(b)(A) of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(A), Sec. 25.119(f) of the Commission's rules, 47 CFR 25.119(f),
is amended as described above.
It is further ordered that this Order is effective upon publication
in the Federal Register, pursuant to section 553(d)(1) of the APA, 5
U.S.C. 553(d)(1). As a result, the new rule will apply to all transfers
and assignments that are pending or have been approved, but not
consummated, at the time of, and after, Federal Register publication.
Procedural Matters
This action does not require notice and comment, and therefore is
not subject to the Regulatory Flexibility Act of 1980, as amended. See
5 U.S.C. 601(2), 603(a).
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
The Commission will not send a copy of this Order pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
amended rule is a rule of agency organization, procedure, or practice
that does not ``substantially affect the rights or obligations of non-
agency parties.''
List of Subjects in 47 CFR Part 25
Administrative practice and procedure.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR part 25 as follows:
[[Page 51264]]
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 is revised to read as follows:
Authority: Interprets or applies sections 4, 301, 302, 303,
307, 309, 310, 319, 332, 705, and 721 of the Communications Act, as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605,
and 721, unless otherwise noted.
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2. In Sec. 25.119 revise the first sentence of paragraph (f) to read
as follows:
Sec. 25.119 Assignment or transfer of control of station
authorization.
* * * * *
(f) Assignments and transfers of control shall be completed within
180 days from the date of authorization. * * *
* * * * *
[FR Doc. 2014-20302 Filed 8-27-14; 8:45 am]
BILLING CODE 6712-01-P