III. Determinations on the Issues
C. Earth station ownership, access, and interconnection
33.
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Our broad policy objective is to aim toward
a flexible ground environment which would permit a variety of earth station
ownership patterns and afford diversified access to space segments except
where this is impractical. Thus, in general, we are in favor of according
special purpose users (such as commercial and non-commercial local
broadcasters, other educational users, cable systems, or local carriers) the
option of owning receive-only earth stations. Moreover, we do not foreclose
the possibility that transmit-receive earth stations could be owned by users
or independent carriers in appropriate circumstances. However, we think it
premature to attempt to specify definitive standards here as to the
particular circumstances and terms and conditions under which such user or
independent carrier ownership of earth stations might be authorized, except
to the extent indicated in Section B above. We cannot now foresee all
possible situations that might arise or all relevant public interest factors.
We will be in a better position to make such determinations after we know
what domestic satellite systems will actually be established and in the
context of considering concrete applications for particular earth stations.
Thus, while we agree with the over-all thrust of the staff discussion on
earth station ownership (staff recommendation, paragraphs 120–132), we do not
bind ourselves to the specific conditions proposed by the staff (particularly
paragraphs 125 and 131).8
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34.
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To the extent consistent with our policy
determinations and conclusions herein, we are also in accord with the goals
set forth in the staff discussion of access to earth stations and
interconnection (staff recommendation, paragraphs 133–142). Here again, however,
we think it advisable to retain greater flexibility. While we will require
existing terrestrial carriers seeking domestic satellite authorizations to
submit for Commission approval, prior to action on their applications, a
description of the kinds of interconnection arrangements they will make
available to other satellite systems and/or earth station licensees, we do
not expect such descriptions to anticipate all conceivable situations.
Moreover, we will not restrict AT&T to proposing the specific bases for
interconnection charges set forth in paragraph 141 of the staff
recommendation. If the standard there suggested poses difficulties. AT&T
may propose some other standard with similar specificity, which would
accomplish our objective of assuring that all carriers providing retail
interstate satellite services (whether or not affiliated with Bell System
companies) have access at non-discriminatory terms and conditions to local
loop and interchange facilities as necessary for the purpose of originating
and terminating such interstate services to their customers. The governing
standards will be established, so far as practicable, prior to the
authorization of domestic satellite facilities rather than left primarily to
subsequent negotiations between the entities involved.
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8 As in the
case of space segments, we decline to structure any arrangements for sharing
ownership of earth stations, but will encourage and consider voluntary
proposals of the applicants' own devising.
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