Rule2021-17394
Mandatory Electronic Filing of Applications and Reports Administered by the International Bureau
Primary source
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Published
October 1, 2021
Effective
October 1, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission requires that any remaining applications and reports administered by the International Bureau and filed on paper or through an alternative filing process be filed only electronically through the Commission's International Bureau Filing System. Specifically, the Commission modifies its rules to mandate the electronic filings of applications for permits to deliver programs to foreign stations, applications for International High Frequency Broadcast Stations, and quarterly reports filed by U.S.-authorized carriers that are affiliates of foreign carriers with market power on the foreign end of a U.S.-international route, and to remove a duplicate paper filing requirement for satellite cost-recovery declarations.
Full Text
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<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54396-54402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17394]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 25, 63 and 73
[IB Docket No. 21-265; FCC 21-87; FR ID 39973]
Mandatory Electronic Filing of Applications and Reports
Administered by the International Bureau
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission requires that any remaining
applications and reports administered by the International Bureau and
filed on paper or through an alternative filing process be filed only
electronically through the Commission's International Bureau Filing
System. Specifically, the Commission modifies its rules to mandate the
electronic filings of applications for permits to deliver programs to
foreign stations, applications for International High Frequency
Broadcast Stations, and quarterly reports filed by U.S.-authorized
carriers that are affiliates of foreign carriers with market power on
the foreign end of a U.S.-international route, and to remove a
duplicate paper filing requirement for satellite cost-recovery
declarations.
DATES: Effective October 1, 2021.
FOR FURTHER INFORMATION CONTACT: Jocelyn Jezierny, Telecommunications
and Analysis Division, International Bureau, <a href="/cdn-cgi/l/email-protection#b0fadfd3d5dcc9de9efad5cad9d5c2dec9f0d6d3d39ed7dfc6"><span class="__cf_email__" data-cfemail="82c8ede1e7eefbecacc8e7f8ebe7f0ecfbc2e4e1e1ace5edf4">[email protected]</span></a>,
202-418-0272.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 21-87, adopted and released on July 13, 2021. The full text of this
document is available at <a href="https://docs.fcc.gov/public/attachments/FCC-21-87A1.pdf">https://docs.fcc.gov/public/attachments/FCC-21-87A1.pdf</a>. To request materials in accessible formats for people with
disabilities, send an email to <a href="/cdn-cgi/l/email-protection#aaece9e99f9a9eeaccc9c984cdc5dc"><span class="__cf_email__" data-cfemail="bef8fdfd8b8e8afed8dddd90d9d1c8">[email protected]</span></a> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(TTY).
Final Regulatory Flexibility Analysis
Because these rule changes are being adopted without notice and
comment, the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not
apply to this Order.
Paperwork Reduction Act
This Order does not contain new or substantively modified
information collections subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13, 44 U.S.C. 3501-3520. Specifically, the
changes to existing information collections, including mandatory
electronic filing for Section 325(c) Applications, IHF Applications,
and Dominant Carrier Section 63.10(c) Quarterly Reports are non-
substantive. Because these changes are non-substantive, there is also
no 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).
After the adoption and release of this Order, the Commission
submitted the changes to the Office of Management and Budget (OMB) and
received the OMB approvals. The Commission also received emergency
approval from OMB for certain requirements that were inadvertently
omitted from existing information collections. The relevant OMB Control
numbers are 3060-0678, 3060-0686, 3060-1035, 3060-1133, and 3060-1290.
Congressional Review Act
The Commission will not send a copy of this Order to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A),
because the adopted rules are rules of agency organization, procedure,
or practice that do not substantially affect the rights or obligations
of non-agency parties.
Synopsis
I. Introduction
1. Over the past decades, the Commission has made significant
progress to upgrade and modernize its licensing systems and filing
procedures.\1\ Today, we continue these efforts and require that any
remaining applications and reports administered by the International
Bureau and filed on paper or through an alternative filing process be
filed only electronically through the Commission's International
[[Page 54397]]
Bureau Filing System (IBFS).\2\ Specifically, we modify our rules to
mandate the electronic filings of Section 325(c) Applications,\3\
applications for International High Frequency Broadcast (IHF) Stations
(IHF Applications),\4\ and Dominant Carrier Section 63.10(c) Quarterly
Reports,\5\ and to remove a duplicate paper filing requirement for
satellite cost-recovery declarations.\6\ These mandatory electronic
filing requirements will reduce costs and administrative burdens,
result in greater efficiencies, facilitate faster and more efficient
communications, and improve transparency to the public.
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\1\ See, e.g., International Bureau Announces a Change in the
Procedure for Filing Coordination Notifications for Earth Stations
on Vessels Operating in the C-Band, Public Notice, DA 11-132, 26 FCC
Rcd 564 (IB 2011) (requiring coordination notification for Earth
Stations on Vessels operating in the C-band to be filed
electronically via the International Bureau Filing System (IBFS));
Completing the Transition to Electronic Filing, Licenses and
Authorizations, and Correspondence in the Wireless Radio Services,
Order, 35 FCC 10781 (2020) (2020 Wireless Radio Order) (requiring
electronic filing of certain applications for licenses in the
Wireless Radio Services); Amendment of Certain of the Commission's
Part 1 Rules of Practice and Procedure and Part 0 Rules of
Commission Organization, Order, 29 FCC Rcd 14955 (2014) (requiring
electronic filing of certain applications under sections 214(a) and
251(c)(5) of the Communications Act of 1934, as amended (Act)).
\2\ See Federal Communications Commission, International Bureau
Filing System (IBFS), <a href="http://licensing.fcc.gov/myibfs/">http://licensing.fcc.gov/myibfs/</a> (IBFS Filing
System).
\3\ 47 CFR 73.3545.
\4\ 47 CFR 73.702; 73.761, 73.3533; 73.3539-73.3540.
\5\ 47 CFR 63.10(c)(2)-(4).
\6\ 47 CFR 25.111(d).
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A. Background
2. Electronic and Paper Filings. The Commission has been committed
to streamlining its processes by mandating the electronic filing of
applications and other filings related to telecommunications services
over the past several decades.\7\ Today, the majority of applications
and other filings are filed electronically with the Commission.\8\
Applications and other filings for which an electronic form is not
available and/or is not yet required to be filed electronically by rule
must be filed by paper or by modified electronic filing.\9\ Currently,
for international licenses, authorizations, or other filings that are
processed by the International Bureau, almost all applications must be
filed electronically through IBFS, including all applications for
international and satellite services for which an IBFS form is
available.\10\ The exceptions to mandatory electronic filing in IBFS,
however, remain for Section 325(c) Applications,\11\ IHF
Applications,\12\ and Dominant Carrier Section 63.10(c) Quarterly
Reports.\13\ Section 325(c) and IHF Applications are submitted through
a modified electronic filing process that involves filing a non-
docketed pleading through the Commission's Electronic Comment Filing
System (ECFS).\14\ For Dominant Carrier Section 63.10(c) Quarterly
Reports, certain authorization holders are required to mail a paper
copy to the Commission within ninety (90) days from the end of each
calendar quarter.\15\ Section 25.111(d) also requires a paper copy of
satellite cost-recovery declarations to be submitted in addition to the
version filed electronically.\16\
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\7\ See Mandatory Electronic Filing for International
Telecommunications Services and Other International Filings, Report
and Order, 20 FCC Rcd 9292 (2005) (2005 IBFS Order); International
Bureau Filing System (IBFS), Order, 19 FCC Rcd 4575 (2004); 2020
Wireless Radio Order.
\8\ See 47 CFR 1.767(n)(1), 1.768(j), 25.110, 25.111, 25.113,
25.115, 25.116, 25.119, 25.137, 25.172, 63.11(j), 63.18(r),
63.19(d), 63.20(a), 63.21(j), 63.24(h), 63.25(e), 63.701(j).
\9\ See International Bureau Reminds Interested Parties That
Section 325(C) Applications for Permit to Deliver Programs to
Foreign Stations And International High Frequency Applications Can
Be Submitted Electronically as Non-Docketed Filings, Public Notice,
DA 14-1838 (rel. Dec. 16, 2014) (325(c) and IHF Electronic Filing
Notice); International and Satellite Services Fee Filing Guide at 6
(effective September 4, 2018) (2018 IB Fee Filing Guide) (``The
Bureau offers a choice of paper filing and/or modified electronic
filing on the remaining international telecommunications,
international high frequency broadcast (IHF), and Section 325(c)
(325) applications pending the availability of OMB approved
electronic forms.'').
\10\ See 2005 IBFS Order. A list of forms that are available for
electronic filing can be found on the FCC web page and through the
IBFS homepage. See Federal Communications Commission, Licensing &
Databases, Forms, <a href="https://www.fcc.gov/licensing-databases/forms">https://www.fcc.gov/licensing-databases/forms</a>;
IBFS Filing System; see also 47 CFR 1.10000-1.10018.
\11\ 47 U.S.C. 325(c) (``No person shall be permitted to locate,
use, or maintain a radio broadcast studio or other place or
apparatus from which or whereby sound waves are converted into
electrical energy, or mechanical or physical reproduction of sound
waves produced, and caused to be transmitted or delivered to a radio
station in a foreign country for the purpose of being broadcast from
any radio station there having a power output of sufficient
intensity and/or being so located geographically that its emissions
may be received consistently in the United States, without first
obtaining a permit from the Commission upon proper application
therefore''); 47 CFR 73.3545.
\12\ An International Broadcast Station, also known as High
Frequency Broadcasting (IHF) or Shortwave Broadcasting, employs
frequencies allocated to the Broadcasting Service between 5,950 and
26,100 kHz. The transmissions of an IHF station, which are licensed
only to non-governmental entities, are intended to be received
directly by the general public in foreign countries. 47 U.S.C. 307;
47 CFR 73.701, 73.702.
\13\ Section 63.10(c) of the Commission's rules sets forth
competitive safeguards that the Commission applies to U.S.-
authorized carriers that are affiliates of foreign carriers with
market power on the foreign end of a U.S.-international route as a
condition of the U.S. carriers' section 214 authorization(s) to
provide U.S.-international service on the route. 47 CFR 63.10(c)(2)-
(4).
\14\ See 325(c) and IHF Electronic Filing Notice; 2018 IB Fee
Filing Guide; Electronic Comment Filing System, Non-Docketed Filing,
<a href="https://www.fcc.gov/ecfs/filings/nodocket">https://www.fcc.gov/ecfs/filings/nodocket</a>. Once the non-docketed
ECFS submissions are received, they are uploaded into IBFS by the
Commission's staff.
\15\ 47 CFR 63.10(c)(2)-(4). While similar reporting
requirements, such as those for cable landing licensees affiliated
with a carrier with market power in a cable's destination market,
mandate the electronic filing of those reports, the reporting
requirements under section 63.10(c) contain no such obligation.
Compare 47 CFR 1.767(l) with 47 CFR 63.10(c).
\16\ 47 CFR 25.111(d).
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II. Discussion
3. Given the well-established benefits of electronic filing, in
this Order we amend our rules to require the electronic filing of
Section 325(c) Applications, IHF Applications, and Dominant Carrier
Section 63.10(c) Quarterly Reports in IBFS, which will reduce the
overall burden associated with these filings and increase significantly
the efficiency of our administrative processes.\17\ We modify our rules
involving procedural filing of Section 325(c) Applications and IHF
Applications, and require electronic filing of these applications in
IBFS and remove a duplicate paper filing requirement for satellite
cost-recovery declarations. We also eliminate paper filing of Dominant
Carrier Section 63.10(c) Quarterly Reports and require their submission
in IBFS within ninety (90) days after the end of each calendar quarter.
Finally, we set a process for any changes to take effect.
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\17\ Because these modifications requiring mandatory electronic
filing are procedural in nature and do not substantively change the
information required to be filed with the Commission, the notice and
comment requirements of the Administrative Procedure Act do not
apply. 5 U.S.C. 553(b)(3)(A); Promoting Expanded Opportunities for
Radio Experimentation and Market Trials Under Part 5 of the
Commission's Rules and Streamlining Other Related Rules; 2006
Biennial Review of Telecommunications Regulations--Part 2
Administered by the Office of Engineering and Technology (OET),
Report and Order, 28 FCC Rcd 758, 818, para. 164 (2013) (2013 Radio
Experimentation Order) (rule change clarifying that informal
objections to certain applications should be filed electronically);
Amendment of Part 5 of the Commission's Rules to Require Electronic
Filing of Applications for Experimental Radio Licenses and
Authorizations, Order, 18 FCC Rcd 16966, 16967, paras. 4, 6 (2003)
(2003 Amendment of Part 5 Order) (adopting requirement to
electronically file certain applications); JEM Broadcasting Co. Inc.
v. FCC, 22 F.3d 320, 326 (D.C. Cir. 1994).
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A. Mandatory Electronic Filing
4. As part of the Commission's continuing efforts to modernize its
IBFS, electronic forms will be available for Section 325(c)
Applications, IHF Applications, and Dominant Carrier Section 63.10(c)
Quarterly Reports. Accordingly, we require such filings to be submitted
to the Commission electronically in IBFS, subject to the transition
period set forth below. We have long-recognized the benefits of
mandatory electronic filing, including reducing regulatory burdens and
environmental waste while streamlining the filing process.\18\ As the
Commission explained in its 2005 IBFS Order, electronic filing
eliminates delays from mail delivery and does not require Commission
staff to convert the filings into electronic format.\19\ Electronic
[[Page 54398]]
filing also reduces time needed to process applications and can allow
the Commission to more quickly place applications on public notice.\20\
Filers also benefit from electronic filing because an electronic filing
system can automatically notify users of critical errors or omissions
in their filings,\21\ and electronic filing creates a digital record of
users' submissions to the Commission and establishes proof of
delivery.\22\ The Commission benefits from a reduced workload because
the data fields on electronic forms are automatically populated.\23\
Other interested parties benefit as well because electronic filings are
transmitted nearly instantaneously, making the filings available to the
other interested parties around the same time that they become
available to the Commission.\24\
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\18\ 2020 Wireless Radio Order, 35 FCC at 10784, para. 8; 2005
IBFS Order, 20 FCC Rcd at 9294-95, paras. 5-7.
\19\ 2005 IBFS Order, 20 FCC Rcd at 9294, para. 5.
\20\ Id. at 9294-95, para 7.
\21\ Id. at 9294, para 6.
\22\ 2020 Wireless Radio Order, 35 FCC Rcd at 10788, para. 23.
\23\ 2005 IBFS Order, 20 FCC Rcd at 9294-95, para 7.
\24\ 2020 Wireless Radio Order, 35 FCC Rcd at 10788, para. 23.
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5. For Section 325(c) Applications and IHF Applications, we
eliminate the paper mailing and modified electronic filing requirements
through ECFS and require applicants to file electronically in IBFS when
the electronic forms are available.\25\ The changes we adopt herein
will improve the filing process and expedite review of the applications
in an orderly manner as IBFS will automatically identify initial filing
deficiencies in the electronic forms and route the filed applications
to appropriate Commission staff without delay, thereby facilitating
timely review. Additionally, any properly filed amendments, renewals,
transfers, assignments, surrenders, notifications of limitation or
discontinuance of operations, notifications of broadcast service
resumption, equipment tests, program tests, post-season reports, pre-
season operation notifications, or modifications, will be linked to
other relevant applications or filings and similarly routed to the
relevant Commission staff, decreasing processing time and
administrative cost serving the public interest.\26\
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\25\ 47 CFR 73.3533(a)(2), 73.3545.
\26\ 47 CFR 73.3540(c)-(d), 73.702, 73.713(a), 73.732,
73.759(c)(2), 73.761, 73.762, 73.3539(a).
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6. For Dominant Carrier Section 63.10(c) Quarterly Reports, we
eliminate the paper filing option and require carriers to submit these
reports electronically in IBFS within ninety (90) days after the end of
each calendar quarter.\27\ This change will provide a number of
benefits to carriers and Commission staff, including cost savings,
convenience, and speed. As the Commission noted in the 2020 Wireless
Radio Order, ``[e]lectronic filing reduces paper, printing, and
delivery expenses,'' and is more convenient as users can submit their
filings ``nearly 24 hours a day, 7 days a week . . . .'' \28\ Further,
the electronic filing of Dominant Carrier Section 63.10(c) Quarterly
Reports will eliminate the delay of waiting for these filings to be
delivered to the Commission, processed, and provided to the relevant
Commission staff. Carriers will receive confirmation of their filing
from the system, and Commission staff will no longer need to manually
digitize these quarterly reports, reducing burdens and decreasing costs
to carriers and the Commission.
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\27\ See Appx. A.
\28\ 2020 Wireless Radio Order, 25 FCC Rcd at 10788, para. 23.
In 2020, the Commission received a total of 73 reports: 20 reports
in the first quarter, 19 reports in the second quarter, 20 reports
in the third quarter, and 14 reports in the fourth quarter. The data
derived from these reports continue to be important resource for the
Commission.
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7. With the actions taken herein, we take another key step to
modernize our filings processes, enable cost savings, increase
convenience, and decrease processing time and complete the process of
mandating that all International Bureau forms and filings must be
submitted electronically in IBFS.
B. Conforming Amendments
8. Section 63.10. Section 63.10(d) specifies the number of copies
and where to file each quarterly report. However, it misstates the
relevant provisions of section 63.10(c)(2)-(4) identifying these
quarterly reports. To correct the error, we revise paragraph (d) to
remove the erroneous reference to section 63.10(c)(3)-(5) and replace
this portion of the rule with the correct reference to section
63.10(c)(2)-(4), as well as to reflect the new electronic filing
requirement for these reports.\29\
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\29\ These amendments, referring to how the quarterly reports
should be filed, are procedural rules, thus the notice and comment
requirements of the Administrative Procedure Act do not apply. 5
U.S.C. 553(b)(3)(A). We also find there is good cause to forego a
notice-and-comment period in this instance given that notice and
comment is unnecessary and contrary to the public interest to make
the modifications to section 63.10(d), as discussed herein. 5 U.S.C.
553(b)(3)(B). Here, we correct a typographical error with respect to
cross-references contained in the rule paragraph and eliminate a
requirement that will be rendered obsolete by the adoption of an
electronic filing requirement and find that following a notice and
comment process would needlessly prolong an obvious inaccuracy in
the rules, reference an obsolete requirement, and fail to yield any
of the public interest benefits that notice and comment procedures
are designed to produce. See, e.g., Allocation and Service Rules for
the 1675-1680 MHz Band, Notice of Proposed Rulemaking and Order, 34
FCC Rcd 3552, 3572, para. 55 (2019) (finding for good cause that
notice and comment procedures are unnecessary to correct and update
incorrect cross-references in various rule paragraphs).
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C. Paper Copies of Satellite ITU Cost-Recovery Declarations
9. The Commission's part 25 rules governing satellite services
contain one paper filing requirement. Before the Commission will submit
a satellite network filing to the International Telecommunication Union
(ITU), the party requesting the filing must submit a signed declaration
of unconditional acceptance of all consequent ITU cost-recovery
responsibility.\30\ This cost-recovery declaration ensures that the ITU
filing charges are paid by the operator, not the United States as
notifying administration.\31\ The cost-recovery declaration must be
filed electronically in IBFS. A paper copy must also be mailed to the
Satellite Division of the International Bureau. Our experience has
shown that this duplicate, paper copy is unnecessary to ensure that
cost-recovery responsibility is properly assumed by the requesting
party. We therefore modify our rules and remove the paper filing
requirement.
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\30\ 47 CFR 25.111(d); see also Comprehensive Review of
Licensing and Operating Rules for Satellite Services, Report and
Order, 28 FCC Rcd 12403, 12425-26, paras. 61-65, 12479-80, Appx. B
(2013); Implementation of ITU Cost Recovery Charges for Satellite
Network Filings, Public Notice, 16 FCC Rcd 18732 (IB 2001).
\31\ See generally ITU Council Decision 482 (modified 2020) at
4, decides 9 (providing that the invoice for ITU cost-recovery
charges will be sent to the notifying administration or, at the
request of that administration, to the satellite network operator in
question), <a href="https://www.itu.int/md/S20-CL-C-0070/en">https://www.itu.int/md/S20-CL-C-0070/en</a>.
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D. Transition and Other Issues
10. We direct the International Bureau to release any relevant
public notices announcing the availability of electronic filing for
Section 325(c) Applications, IHF Applications, and Dominant Carrier
Section 63.10(c) Quarterly Reports as the rules and forms become
effective and available in IBFS. Until the International Bureau
announces the availability of electronic filing, the current filing
processes will continue to apply.
11. Waiver Requests. There may be limited instances where
electronic filing rather than paper filing may be unduly burdensome or
create a hardship for some potential applicants. For such cases, we
will permit applicants and filers to file a request for waiver of our
[[Page 54399]]
electronic filing requirements under limited circumstances for good
cause shown, pursuant to section 1.3 of our rules.\32\ To qualify for a
waiver, the applicant must plead with particularity the facts and
circumstances warranting relief.\33\ For example, the applicant must
set forth the specific reasons why electronic filing would constitute
an unreasonable burden or expense, including the special circumstances
at hand that justify a waiver and how a waiver would serve the public
interest. We expect the number of waiver requests to be small, and we
will not routinely grant waivers of our mandatory filing requirement.
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\32\ 47 CFR 1.3.
\33\ The Commission may waive its policies or rules upon a
showing of good cause and may take into account, on an individual
basis, considerations of hardship, equity, or more effective
implementation of overall policy. See WAIT Radio v. FCC, 418 F.2d
1153, 1159 (D.C. Cir. 1969); see also Ne. Cellular Tel. Co. v. FCC,
897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver of the Commission's
policies or rules is appropriate only if both: (i) Special
circumstances warrant a deviation from the general rule; and (ii)
such deviation will serve the public interest. See Network IP, LLC
v. FCC, 548 F.3d 116, 127 (D.C. Cir. 2008).
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12. Confidential Filings. Applicants or other filers that seek to
file confidentially or to preserve the confidentiality of a piece of
information in a filing may request such treatment under section 0.459
of the Commission's rules.\34\
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\34\ 47 CFR 0.459.
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III. Procedural Matters
13. Regulatory Flexibility Analysis. Because these rule changes are
being adopted without notice and comment, the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., does not apply.\35\
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\35\ See 5 U.S.C. 601(2) (definition of ``rule''), 604(a)
(requiring a final regulatory flexibility analysis when an agency
promulgates a final rule ``after being required . . . to publish a
general notice of proposed rulemaking'').
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14. Paperwork Reduction Act. This Order does not contain new or
substantively modified information collections subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3501-3520).
Specifically, the changes to existing information collections,
including mandatory electronic filing for Section 325(c) Applications,
IHF Applications, and Dominant Carrier Section 63.10(c) Quarterly
Reports are non-substantive.\36\ Because these changes are non-
substantive, there is also no 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).
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\36\ After the adoption and release of this Order, the
Commission submitted the changes to the Office of Management and
Budget (OMB) and received the OMB approvals. The Commission also
received emergency approval from OMB for certain requirements that
were inadvertently omitted from existing information collections.
The relevant OMB Control numbers are 3060-0678, 3060-0686, 3060-
1035, 3060-1133, and 3060-1290.
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15. Congressional Review Act. The Commission will not send a copy
of this Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A), because the adopted rules are rules
of agency organization, procedure, or practice that do not
substantially affect the rights or obligations of non-agency
parties.\37\
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\37\ See 5 U.S.C. 804(3)(C).
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IV. Ordering Clauses
13. Accordingly, it is ordered that pursuant to Sections 1, 4(i),
214, 218, 301, 303, 307, 308(b), and 325(c) of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 154(i), 214, 218, 301, 303, 307,
308(b), 325(c), this Order is hereby adopted.
14. It is further ordered that pursuant to Sections 1, 4(i), 214,
218, 301, 303, 307, 308(b) and 325(c) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), 214, 218, 301, 303, 307,
308(b), 325(c), the rules discussed herein are adopted and Parts 63 and
73 of the Commission's rules, 47 CFR 63 and 73 are amended as set forth
in Appendix A.
15. It is further ordered that this Order, including the revisions
to Title 47 of the Code of Federal Regulations shown in Appendix A,
shall be effective upon publication in the Federal Register.\38\
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\38\ The rule changes adopted in this Order and contained in
Appendix A constitute procedural rules and are not subject to the
effective date provisions of the Administrative Procedure Act. 47
CFR 1.427(b) (rules of procedure may be made effective without
regard to the 30-day Federal Register publication requirement). The
Administrative Procedure Act's requirement that rules must be
published in the Federal Register at least 30 days before their
effective date, subject to certain exceptions, applies only to
``substantive rules.'' See 5 U.S.C. 553(d).
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List of Subjects in 47 CFR Parts 25, 63, and 73
Broadcast Stations, Communications, Communications common carriers,
Radio, Reporting and recordkeeping requirements, Satellites,
Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 25, 63 and 73 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
2. Amend Sec. 25.111 by revising the second sentence of paragraph (d)
to read as follows:
Sec. 25.111 Additional information, ITU filings, and ITU cost
recovery.
* * * * *
(d) * * * Applicants and licensees must file the declaration
electronically in the application file in the International Bureau
Filing System (IBFS). * * *
* * * * *
PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS
0
3. The authority citation for part 63 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214,
218, 403, 571, unless otherwise noted.
0
4. Amend Sec. 63.10 by revising paragraph (d) to read as follows:
Sec. 63.10 Regulatory classification of U.S. international carriers.
* * * * *
(d) A carrier classified as dominant under this section shall file
electronically each report required by paragraphs (c)(2), (c)(3), and
(c)(4) of this section in the International Bureau Filing System
(IBFS). Each report filed in IBFS shall clearly identify the report as
responsive to the appropriate paragraph of Sec. 63.10(c).
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
5. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
* * * * *
Subpart F--International Broadcast Stations
0
6. Amend Sec. 73.702 by revising paragraphs (a), (b), (c), (d), (e),
(h)(2), (i)
[[Page 54400]]
introductory text, Note 4 to paragraph (i), (j), and (m) to read as
follows:
Sec. 73.702 Assignment and use of frequencies.
(a) Frequencies will be assigned by the Commission prior to the
start of each season to authorized international broadcasting stations
for use during the season at specified hours and for transmission to
specified zones or areas of reception, with specified power and antenna
bearing. Six months prior to the start of each season, licensees and
permittees shall by informal written request, submitted to the
Commission electronically in the International Bureau Filing System
(IBFS), indicate for the season the frequency or frequencies desired
for transmission to each zone or area of reception specified in the
license or permit, the specific hours during which it desires to
transmit to such zones or areas on each frequency, and the power,
antenna gain, and antenna bearing it desires to use. Requests will be
honored to the extent that interference and propagation conditions
permit and that they are otherwise in accordance with the provisions of
this section.
(b) After necessary processing of the requests required by
paragraph (a) of this section, the Commission will notify each licensee
and permittee of the frequencies, hours of use thereof to specified
zones or areas of reception, power, and antenna bearing which it
intends to authorize for the season in question. After receipt of such
notification, the licensee or permittee shall, in writing, not later
than two months before the start of the season in question,
electronically inform the Commission in IBFS either that it plans to
operate in accordance with the authorization which the Commission
intends to issue, or that it plans to operate in another manner. If the
licensee or permittee indicates that it plans to operate in another
manner, it shall furnish explanatory details.
(c) If after submitting the request required under the provisions
of paragraph (a) of this section, but before receipt of the
Commission's notification referred to in paragraph (b) of this section,
the licensee or permittee submits a request for changes of its original
request electronically in IBFS such requests will be accepted for
consideration only if accompanied by statements showing good cause
therefor and will be honored only if conditions permit. If the
information required to be submitted by the licensee or permittee under
the provisions of paragraph (b) of this section indicates that
operation in another manner is contemplated, and the explanatory
details contain a request for change in the originally proposed manner
of operation, such requests will be accepted for consideration only if
accompanied by statements showing good cause therefor and will be
honored only if conditions permit. If after the licensee or permittee
submits the information required under the provisions of paragraph (b)
of this section, but before the start of the season in question, the
licensee or permittee submits electronically in IBFS a request for
changes in its manner of operation for the season in question, the
request will be accepted for consideration only if accompanied by
statements showing good cause therefor and will be honored only if
conditions permit. If after the start of a season the licensee or
permittee submits a request for changes in the manner of operation as
authorized, the request will be considered only if accompanied by
statements showing good cause therefor, and will be honored only if
conditions permit.
(d) The provisions of paragraphs (a), (b), and (c) of the section
shall apply to licensees, to permittees operating under program test
authority, and to permittees who anticipate applying for and receiving
program test authority for operation during the specified season.
Note: Permittees who during the process of construction wish to
engage in equipment tests shall by informal written request,
submitted to the Commission electronically in IBFS not less than 30
days before they desire to begin such testing, indicate the
frequencies they desire to use for testing and the hours they desire
to use those frequencies. No equipment testing shall occur until the
Commission has authorized frequencies and hours for such testing.
Such authorizations shall be only for one season, and if it is
desired to continue equipment testing in a following season, new
requests for frequencies and hours must be submitted at least 30
days before it is desired to begin testing in the following season.
(e) Within 14 days after the end of each season, a report shall be
filed with the Commission electronically in IBFS by each licensee or
permittee operating under program test authority who has been issued a
seasonal schedule for that season. The report shall state whether the
licensee or permittee has operated the number of frequency-hours
authorized by the seasonal schedule to each of the zones or areas of
reception specified in the schedule. If such operation has not
occurred, a detailed explanation of that fact shall also be submitted
which includes specific dates, frequency-hours not used, and reasons
for the failure to operate as authorized. The report shall also contain
information that has been received by the licensee or permittee as to
reception or interference, and conclusions with regard to propagation
characteristics of frequencies that were assigned for the season in
question.
* * * * *
(h) * * *
(2) During the hours of 0800-1600 UTC (Coordinated Universal Time)
antenna gain with reference to an isotropic radiator in any easterly
direction that would intersect any area in Region 2 shall not exceed
2.15 dBi, except in the case where a transmitter power of less than 100
kW is used. In this case, antenna gain on restricted azimuths shall not
exceed that which is determined in accordance with equation below.
Stations desiring to operate in this band must submit sufficient
antenna performance information electronically in IBFS to ensure
compliance with these restrictions. Permitted gain for transmitter
powers less than 100 kW:
Where:
[GRAPHIC] [TIFF OMITTED] TR01OC21.001
Gi = maximum gain permitted with reference to an isotropic radiator.
Pa = Transmitter power employed in kW.
(i) Frequencies requested for assignment must be as near as
practicable to the optimum working frequency (unless otherwise
justified) for the zone or area of reception for the period and path of
transmission, and should be chosen so that a given frequency will
provide the largest period of reliable transmission to the selected
zone or area of reception. Moreover, at the zone or area of reception
frequencies shall provide protection to the transmissions of other
broadcasting stations which, in the opinion of the Commission, have
priority of assignment.
* * * * *
Note 4: Seasonal requests for frequency-hours will be only for
transmissions to zones or areas of reception specified in the basic
instrument of authorization. Changes in such zones or areas will be
made only on separate application for modification of such
instruments made electronically in IBFS.
(j) Not more than one frequency will be assigned for use at any
one time for any one program transmission except in instances where
a program is intended for reception in more than one zone or area of
reception and the intended zones or areas cannot be served by a
single frequency: Provided, however, That on a showing of good cause
made electronically in IBFS a licensee may be authorized to operate
on more than one frequency at any one time to transmit any
[[Page 54401]]
one program to a single zone or area of reception.
* * * * *
(m) The total maximum number of frequency-hours which will be
authorized to all licensees of international broadcasting stations
during any one day for any season is 100. The number of frequency-hours
allocated to any licensee will depend on past usage, availability, and
need. If for a forthcoming season the total of the requests for daily
frequency-hours of all licensees exceeds 100, all licensees will be
notified and each licensee that makes an adequate showing
electronically in IBFS that good cause exists for not having its
requested number of frequency-hours reduced and that operation of its
station without such reduction would be consistent with the public
interest may be authorized the frequency-hours requested.
0
7. Amend Sec. 73.713 by revising paragraph (a) to read as follows:
Sec. 73.713 Program Tests.
(a) Upon completion of construction of an international
broadcasting station in accordance with the terms of the construction
permit, the technical provisions of the application therefor, and the
rules and regulations and the applicable engineering standards, and
when an application for station license has been filed showing the
station to be in satisfactory operating condition, the permittee may
request authority to conduct program tests. Such request shall be
electronically filed with the FCC in the International Bureau Filing
System (IBFS) at least 10 days prior to the date on which it is desired
to begin such operation. All data necessary to show compliance with the
terms and conditions of the construction permit must be filed with the
license application.
* * * * *
0
8. Revise Sec. 73.732 to read as follows:
Sec. 73.732 Authorizations.
Authorizations issued to international broadcasting stations by the
Commission will be authorizations to permit the construction or use of
a particular transmitting equipment combination and related antenna
systems for international broadcasting, and to permit broadcasting to
zones or areas of reception specified on the instrument of
authorization. The authorizations will not specify the frequencies to
be used or the hours of use. Requests for frequencies and hours of use
will be made by electronic filing in the International Bureau Filing
System (IBFS) as provided in Sec. 73.702. Seasonal schedules, when
issued pursuant to the provisions of Sec. 73.702, will become
attachments to and part of the instrument of authorization, replacing
any such prior attachments.
0
9. Amend Sec. 73.759 by revising paragraph (c)(2) to read as follows:
Sec. 73.759 Auxiliary transmitters.
* * * * *
(c) * * *
(2) The transmission of regular programs during maintenance or
modification work on the main transmitter, necessitating discontinuance
of its operation for a period not to exceed 5 days. (This includes the
equipment changes which may be made without authority as set forth
elsewhere in the rules and regulations or as authorized by the
Commission by letter or by construction permit. Where such operation is
required for periods in excess of 5 days, request therefor shall be
made electronically in the International Bureau Filing System (IBFS) in
accordance with Sec. 73.3542 of this chapter.)
* * * * *
0
10. Revise Sec. 73.761 to read as follows:
Sec. 73.761 Modification of transmission systems.
Specific authority, upon electronic filing of a formal application
(FCC Form 309) therefor in the International Bureau Filing System
(IBFS), is required for any of the following changes:
(a) Change involving an increase or decrease in the power rating of
the transmitters.
(b) A replacement of the transmitters as a whole.
(c) Change in the location of the transmitting antenna.
(d) Change in the power delivered to the antenna.
(e) Change in frequency control and/or modulation system.
(f) Change in direction or gain of antenna system.
(g) Other changes, not specified above in this section, may be made
at any time without the authority of the Commission: Provided, That the
Commission shall be immediately notified electronically in IBFS thereof
and such changes shall be shown in the next application for renewal of
license.
0
11. Amend Sec. 73.762 by revising paragraphs (b) and (c) to read as
follows:
Sec. 73.762 Time of operation.
* * * * *
(b) In the event that causes beyond a licensee's control make it
impossible to adhere to the seasonal schedule or to continue operating,
the station may limit or discontinue operation for a period of not more
than 10 days, without further authority from the FCC. However, in such
cases, the FCC shall be immediately notified by electronic filing in
the International Bureau Filing System (IBFS) of such limitation or
discontinuance of operation and shall subsequently be notified by
electronic filing in IBFS when the station resumes regular operation.
(c) In the event that causes beyond a licensee's control make it
impossible to adhere to the seasonal schedule or to continue operating
for a temporary period of more than 10 days, the station may not limit
or discontinue operation until it requests and receives specific
authority to do so from the FCC by electronic filing in IBFS. When the
station subsequently resumes regular operation after such limited
operation or discontinuance of operation, it shall notify the FCC in
Washington, DC by electronic filing in IBFS. The license of a
broadcasting station that fails to transmit broadcast signals for any
consecutive 12-month period expires as a matter of law at the end of
that period, notwithstanding any provision, term, or condition of the
license to the contrary.
Subpart H--Rules Applicable to All Broadcast Stations
0
12. Amend Sec. 73.3533 by revising paragraph (a)(2) to read as
follows:
Sec. 73.3533 Application for construction permit or modification of
construction permit.
(a) * * *
(2) FCC Form 309, ``Application for Authority to Construct or Make
Changes in an Existing International or Experimental Broadcast
Stations.'' For International Broadcast Stations, applications shall be
filed electronically in the International Bureau Filing System (IBFS).
* * * * *
0
13. Amend Sec. 73.3539 by revising paragraph (a) to read as follows:
Sec. 73.3539 Application for renewal of license.
(a) Unless otherwise directed by the FCC, an application for
renewal of license shall be filed not later than the first day of the
fourth full calendar month prior to the expiration date of the license
sought to be renewed, except that applications for renewal of license
of an experimental broadcast station shall be filed not later than the
first day of the second full calendar month prior to the expiration
date of the license sought to be renewed. If any deadline prescribed in
this paragraph falls on a
[[Page 54402]]
nonbusiness day, the cutoff shall be the close of business of the first
full business day thereafter. For International Broadcast Stations,
applications shall be filed electronically in the International Bureau
Filing System (IBFS).
* * * * *
0
14. Amend Sec. 73.3540 by revising paragraphs (c) and (d) to read as
follows:
Sec. 73.3540 Application for voluntary assignment or transfer of
control.
* * * * *
(c) Application for consent to the assignment of construction
permit or license must be filed on FCC Form 314 ``Assignment of
license'' or FCC Form 316 ``Short form'' (See paragraph (f) of this
section). For International Broadcast Stations, the application shall
be filed electronically in the International Bureau Filing System
(IBFS).
(d) Application for consent to the transfer of control of a
corporation holding a construction permit or license must be filed on
FCC Form 315 ``Transfer of Control'' or FCC Form 316 ``Short form''
(see paragraph (f) of this section). For International Broadcast
Stations, applications shall be filed electronically in IBFS.
* * * * *
0
15. Revise Sec. 73.3545 to read as follows:
Sec. 73.3545 Application for permit to deliver programs to foreign
stations.
Application under section 325(c) of the Communications Act for
authority to locate, use, or maintain a broadcast studio in connection
with a foreign station consistently received in the United States,
should be made on FCC Form 308, ``Application for Permit to Deliver
Programs to Foreign Broadcast Stations.'' An informal application may
be used by applicants holding an AM, FM or TV broadcast station license
or construction permit. Informal applications must, however, contain a
description of the nature and character of the programming proposed,
together with other information requested on Page 4 of Form 308. All
applications must be filed electronically in the International Bureau
Filing System (IBFS).
[FR Doc. 2021-17394 Filed 9-30-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on October 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.