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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations
2021.1 The Department is issuing this notification to apprise the public of the courts order. The portions of the rule not affected by the courts order remain in effect.
Norris Cochran, Acting Secretary, Department of Health and Human Services.
FR Doc. 202103967 Filed 22421; 11:15 am BILLING CODE 415024P

FEDERAL COMMUNICATIONS
COMMISSION

IB Docket No. 16408; FCC 20119; FR ID
17497

Updates Concerning NonGeostationary, Fixed-Satellite Service Systems and Related Matters Federal Communications Commission.
ACTION: Final rule.
AGENCY:

In this document, the Federal Communications Commission Commission eliminates the domestic coverage requirement for nongeostationary-satellite orbit, fixedsatellite service NGSO FSS systems.
DATES: Effective February 26, 2021.
FOR FURTHER INFORMATION CONTACT: Clay DeCell, International Bureau, Clay.DeCell@fcc.gov, 2024180803.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions Second Report and Order, FCC 20119, adopted August 26, 2020, and released August 28, 2020. The full text of the Second Report and Order is available at https
apps.fcc.gov/edocs_public/attachmatch/
FCC-20-199A1.pdf. To request materials in accessible formats for people with disabilities, send an email to FCC504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202
4180530 voice, 2024180432 TTY.
SUMMARY:

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Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in the Further Notice of Proposed Rulemaking in this proceeding. The Commission sought written public comment on the proposals in the Notice, including comment on the IRFA. No comments were received on the IRFA. This present Final Regulatory Flexibility Analysis FRFA conforms to the RFA.
1 See Order, Facing Foster Care et al. v. HHS, No.
21cv00308 D.D.C. Feb. 2, 2021 order postponing effective date, ECF No. 18.

16:49 Feb 25, 2021

This document eliminates, and thus does not contain new or revised, information collection requirements subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413, 44
U.S.C. 35013520. In addition, therefore, it does not contain any new or modified information burden for small business concerns with fewer than 25 employees pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, 44 U.S.C.
3506c4.
Congressional Review Act
47 CFR Part 25

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Paperwork Reduction Act
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The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is non-major under the Congressional Review Act, 5
U.S.C. 8042. The Commission will send a copy of this Second Report and Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
Synopsis In this Second Report and Order, the Commission eliminates the domestic coverage requirement for NGSO FSS
systems. This action will provide greater regulatory certainty and operational flexibility to innovative NGSO FSS
systems, while meeting the Commissions goal of promoting widespread NGSO service offerings.
The Commissions rules currently require NGSO FSS systems to be capable of providing continuous service within the fifty states, Puerto Rico, and the U.S. Virgin Islands. This domestic coverage requirement was originally adopted for mobile-satellite service MSS systems to promote efficient and ubiquitous service by satellite systems that are, as a general matter, unable to share spectrum. It was subsequently expanded to NGSO FSS systems to maximize use of a global spectrum resource allocated to this service, based on the assumption that NGSO FSS
systems were inherently global in nature.
Since the Commission adopted its NGSO FSS domestic coverage requirements in 1997 and 2002, a number of NGSO FSS systems have been proposed that were not inherently global in nature. These systems have been designed to meet the requirements of certain underserved areas, where satellite services in general are especially valuable, such as in Alaska or on islands and ships in the Pacific Ocean. In addition, not all NGSO FSS
systems may provide general consumer
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or enterprise broadband services.
Instead, they may focus on a narrower set of services for which there is no significant nationwide demand or rationale for imposing nationwide coverage for these services.
Furthermore, in 47 CFR 25.261 the Commission has developed new, more efficient sharing criteria among NGSO
FSS systems to encourage multiple systems to operate in different areas of the United States simultaneously. These spectrum sharing possibilities among NGSO FSS systems also allow both broad coverage and specialized coverage systems to coexist. Accordingly, one NGSO FSS system with only partial coverage of the United States does not preclude another NGSO FSS system from covering the remainder of the United States or from providing full U.S. coverage. Indeed, allowing targeted or regional coverage may promote more intense and efficient use of this spectrum by enabling geographic sharing in addition to other forms of sharing already in use.
Retaining the domestic coverage rule requires design tradeoffs that may hamper or preclude innovative satellite system designs, which could otherwise better address market needs.
Eliminating this rule serves the public interest by removing this unnecessary limit on design and operational flexibility, which imposes an artificial constraint on such technological evolution and innovation.
Cumulatively, NGSO FSS systems that have already been approved by the Commission will provide complete coverage of the United States, and the long reach of satellite technology, with the particular advantages of lowerlatency associated with NGSO FSS
systems, provide inherent incentives for future NGSO FSS systems to likewise provide coverage across the United States, especially the underserved areas.
For example, the domestic coverage requirements were waived for the first, currently operating NGSO FSS system, but this system was later expanded to provide full coverage of the United States not because of a regulatory imposition but growing business rationales. We are therefore not persuaded by parties claiming that elimination of the domestic coverage requirement would weaken incentives for NGSO FSS operators to provide service in rural and remote areas, notably in Alaska.
For similar reasons, we disagree with commenters who argue that, absent the domestic coverage requirement, NGSO
FSS operators will concentrate on highpopulation areas to the exclusion of rural and remote areas. NGSO FSS

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