Rule2023-20089
BAS and CARS Licensees Must Certify the Accuracy of the Information on Their 12.7-13.25 GHz Band Licenses
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Published
September 18, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunications Bureau (WTB), in coordination with the Media Bureau (MB) provides detailed instructions for 12.7-13.25 GHz band (12.7 GHz band) Broadband Auxiliary Service (BAS) and Cable Television Relay Services (CARS) licensees to file certifications of accuracy, or modification applications to correct, existing information in the Universal Licensing System (ULS) and Cable Operations & Licensing System (COALS), respectively, and these Bureaus establish a window for the filing of these certifications.
Full Text
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<title>Federal Register, Volume 88 Issue 179 (Monday, September 18, 2023)</title>
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[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63850-63853]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20089]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101
[GN Docket No. 22-352; DA 23-794; FR ID 171507]
BAS and CARS Licensees Must Certify the Accuracy of the
Information on Their 12.7-13.25 GHz Band Licenses
AGENCY: Federal Communications Commission.
ACTION: Procedure for filing certification.
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SUMMARY: In this document, the Wireless Telecommunications Bureau
(WTB), in coordination with the Media Bureau (MB) provides detailed
instructions for 12.7-13.25 GHz band (12.7 GHz band) Broadband
Auxiliary Service (BAS) and Cable Television Relay Services (CARS)
licensees to file certifications of accuracy, or modification
applications to correct, existing information in the Universal
Licensing System (ULS) and Cable Operations & Licensing System (COALS),
respectively, and these Bureaus establish a window for the filing of
these certifications.
DATES: The mandatory compliance deadline to file certifications or
modification applications is November 29, 2023.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: BAS licensees. For technical
assistance with filing a Certification or FCC Form 601, contact the ULS
Support Hotline at 877-480-3201, option 2; or 717-338-2824 (TTY) or ASL
Videophone: 844-432-2275. The ULS Support Hotline is available Monday
through Friday from 8 a.m. to 6 p.m. ET. There are no weekend hours,
and the hotline is closed on all Federal holidays. To provide quality
service and ensure security, all telephone calls are recorded.
Inquiries may also be submitted via the internet at <a href="http://www.fcc.gov/support">www.fcc.gov/support</a>. For non-technical questions: contact Simon Banyai, Senior
Attorney, Broadband Division, WTB, at <a href="/cdn-cgi/l/email-protection#4033292d2f2e6e22212e392129002623236e272f36"><span class="__cf_email__" data-cfemail="34475d595b5a1a56555a4d555d745257571a535b42">[email protected]</span></a> or (202)
418-1443. CARS licensees. For technical assistance with filing a
Certification or FCC Form 327, contact <a href="/cdn-cgi/l/email-protection#94f2fbe6f9a7a6a3d4f2f7f7baf3fbe2"><span class="__cf_email__" data-cfemail="5d3b322f306e6f6a1d3b3e3e733a322b">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#5e1d111f120d01163b322e1e383d3d70393128"><span class="__cf_email__" data-cfemail="397a7678756a66715c5549795f5a5a175e564f">[email protected]</span></a>. For non-technical questions: contact Jeffrey
Neumann, Chief Engineer, MB, at <a href="/cdn-cgi/l/email-protection#d3b9b6b5b5a1b6aafdbdb6a6beb2bdbd93b5b0b0fdb4bca5"><span class="__cf_email__" data-cfemail="117b7477776374683f7f74647c707f7f517772723f767e67">[email protected]</span></a> or (202) 418-
2046.
SUPPLEMENTARY INFORMATION: This is a summary of the WTB and MB
document, GN Docket No. 22-352; DA 23-794, released on August 31, 2023.
The released, formatted version of this document, including Attachment
1 (Example of Certification of Accuracy for BAS License) and Attachment
2 (Example of Certification of Accuracy for CARS License) is available
at <a href="https://docs.fcc.gov/public/attachments/DA-23-794A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-794A1.pdf</a>. Text and
Microsoft Word formats are also available (replace ``.pdf'' in the link
with ``.txt'' or ``.docx'', respectively. Alternative formats are
available for people with disabilities (braille, large print,
electronic files, audio format), by sending an email to <a href="/cdn-cgi/l/email-protection#e7818484d2d7d3a7818484c9808891"><span class="__cf_email__" data-cfemail="4c2a2f2f797c780c2a2f2f622b233a">[email protected]</span></a>
or call the Commission's Consumer and Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
On May 19, 2023, the Commission released a Notice of Proposed
Rulemaking (NPRM) and Order in the above-referenced docket proposing to
repurpose some or all of the 12.7-13.25 GHz band (12.7 GHz band)
spectrum for mobile broadband or other expanded use.\1\ To improve the
data that the public and the Commission have to make informed comments
and decisions
[[Page 63851]]
about the proposals discussed in the NPRM, the Commission's Order
directed non-exempt fixed and mobile Broadcast Auxiliary Services (BAS)
and Cable Television Relay Services (CARS) licensees in the 12.7 GHz
band to certify the accuracy of the information reflected on their
licenses, including whether the facilities are operating as
authorized.\2\ In the NPRM, the Commission proposes to define certain
incumbent operations entitled to protection or relocation during a
transition period based on the Commission's licensing records.\3\
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\1\ See Expanding Flexible Use of the 12.2-12.7 GHz Band;
Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or
Other Expanded Use, WT Docket No. 20-443, GN Docket No. 22-352, FCC
23-36, Report and Order and Further Notice of Proposed Rulemaking
and Notice of Proposed Rulemaking and Order, 2023 WL 3686032, at
*25-54, paragraphs. 58-147 (May 19, 2023) (NPRM and Order). The NPRM
and Order were subsequently published separately in the Federal
Register. See NPRM, 88 FR 43938 (July 10, 2023), and Order, 88 FR
43460 (July 10, 2023).
\2\ NPRM and Order at *53, paragraph. 145. See generally id.
\3\ See NPRM and Order at *34, paragraph. 83; see also id. at
*54, paragraph. 147.
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For non-exempt BAS and CARS licenses, the Commission proposes to
limit eligibility for incumbent status to licenses for which the
licensee has filed the required certification.
By this document, WTB, in coordination with MB, (1) provides
detailed instructions for 12.7 GHz band BAS and CARS licensees to file
certifications regarding existing information in the Universal
Licensing System (ULS) and the Cable Operations & Licensing System
(COALS), respectively; and, (2) establishes a window for the filing of
these certifications.\4\
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\4\ See NPRM and Order at *53, paragraph. 145. As noted in the
Order portion of the item, the certification of accuracy is not an
``information collection'' for purposes of the Paperwork Reduction
Act of 1995 (PRA) and not subject to approval from the Office of
Management and Budget. See id. at n.430 (citing 5 CFR 1320.3(h)(1)).
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1. Exemption for New or Modified Licenses Applied-for on or After Jan.
1, 2021
A licensee that filed an application, on or after January 1, 2021,
for a new or modified BAS or CARS license to operate in the 12.7 GHz
band is exempt from this certification requirement as to the specific
license (Call Sign) involved in that application filed on or after
January 1, 2021.\5\ Such a licensee is nevertheless required to make
corrections to its license if necessary to keep the license accurate
and complete. We clarify that a licensee who files a modification
application on or before November 29, 2023, as described in section 5
below, to correct or complete information in the Commission's licensing
databases, does not need to file a certification for that particular
license. A licensee is required to file a certification for any other
12.7 GHz band BAS or CARS licenses that it holds that are not exempt
from the certification requirement.
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\5\ See id. We clarify that the exemption for modification
applications includes applications for both renewal and modification
(but does not include renewal-only applications).
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2. Window for Filing of Certifications
Non-exempt 12.7 GHz band BAS and CARS licensees may file their
required certifications beginning on or after the August 31, 2023,
release date of DA 23-794. The deadline for filing required
certifications is no later than November 29, 2023. If a licensee is
unable to make the certification for a license because, e.g., required
technical data are inaccurate, missing or incomplete, the license has
terminated automatically, or the facilities are not operating as
authorized, the licensee must cancel the license or file a modification
application to correct the data reflected in the license no later than
November 29, 2023 (see section 5, below). If such a modification
application is ultimately granted, the modified license will be
considered timely certified. In general, certifications must be made as
follows:
<bullet> BAS licensees must file their certifications in ULS.
<bullet> CARS licensees must file their certifications in COALS.
<bullet> Do not file certifications in the Electronic Comments
Filing System (ECFS).
3. Certifications for BAS Licenses in ULS
For each non-exempt BAS license in the 12.7 GHz band, if the
information reflected on the license in ULS is accurate and complete
under the rules and application forms applicable to the BAS license,
and the facilities are operating as authorized,\6\ the licensee must
certify (1) the present accuracy of all information reflected in the
license, and (2) that the facilities are operating as authorized. Each
certification must include the relevant Call Sign, any relevant file
number(s), the name of the licensee, and the signature, printed name,
and title, if applicable, of the individual making the certification.
For example, a certification of accuracy for a BAS license should
provide the Licensee Name and Call Sign and state that:
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\6\ See 47 CFR 74.600-74.690. See also FCC Form 601 Schedule I
(Technical Data Schedule for the Fixed Microwave and Microwave
Broadcast Auxiliary Services (Parts 101 and 74)).
Pursuant to the FCC's Order in FCC 23-36 and the Public Notice,
DA 23-794, the undersigned authorized agent of the licensee,
individually and for the licensee, hereby certifies that all
information reflected in this license in the FCC's Universal
Licensing System, including any attachments or exhibits, is true,
complete and correct. The facilities authorized by this license are
operated as authorized and the license is not subject to automatic
termination in whole or in part. See 47 CFR 1.946(c), 1.953, 1.955
(automatic termination based on expiration without renewal, failure
to timely construct, permanent discontinuance of operations). This
certification is made under penalty of perjury to the best of my
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knowledge and belief, and is made in good faith.
Such a certification must be signed by an authorized agent. See
Attachment 1 to the released, formatted version of this document at
<a href="https://docs.fcc.gov/public/attachments/DA-23-794A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-794A1.pdf</a>).
How to file. BAS licensees must file their certifications in ULS
using the online portal for non-docketed Pleadings, <a href="https://wireless2.fcc.gov/UlsEntry/pleadings/pleadingsType.jsp">https://wireless2.fcc.gov/UlsEntry/pleadings/pleadingsType.jsp</a>. On the first
screen, select ``Licensee Certification of Accuracy of License Data''
for the Pleading Type, complete the Filer Information using the name of
the Licensee as the Company, and the Contact Information.
<bullet> On the next screen, select ``ULS Call Sign,'' enter the
Call Sign in the text box, and Submit. (If a licensee is uploading one
certification file for multiple Call Signs, there is an option to add
additional Call Signs.)
<bullet> The Call Sign will appear below the message: ``Your
Pleading will be associated with the following Call Sign(s)/File
Number(s)/Registration Number(s).'' Click the box next to the Call
Sign(s) to checkmark it.
<bullet> On the next screen, you will attach your certification
file. Select ``Pleading'' as the Type, click ``Browse'' to navigate to
and select your file for attachment, and add a Description such as
``Certification for Call Sign(s) __.''
<bullet> Review the ``Current Attachments'' list to confirm that
your file uploaded.
4. Certifications for CARS Licenses in COALS
For each non-exempt CARS license in the 12.7 GHz band, if the
information reflected on the license in COALS is accurate and complete
under the rules and application forms applicable to the CARS license,
and the facilities are operating as authorized,\7\ the licensee must
certify (1) the present accuracy of all information reflected in the
license, and (2) that the facilities are operating as authorized. Each
certification must include the relevant Call Sign, any relevant file
number(s), the name of the licensee, and the signature, printed name,
and title, if applicable, of the individual making the certification.
For example, a certification of accuracy for a CARS license should
provide the
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Licensee Name and Call Sign and state that:
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\7\ See id. Sec. Sec. 78.1-78.115. See also FCC Form 327.
Pursuant to the FCC's Order in FCC 23-36 and the Public Notice,
DA 23-794, the undersigned authorized agent of the licensee,
individually and for the licensee, hereby certifies that all
information reflected in this license in the Cable Operations and
Licensing System, including any attachments or exhibits, is true,
complete and correct. The facilities authorized by this license are
constructed and operational as authorized and the license is not
subject to automatic termination in whole or in part due to
voluntary removal or alteration of the facilities, so as to render
the station not operational for a period of 30 days or more, see 47
CFR 78.30(a), or for permanent discontinuance of operations, see 47
CFR 78.30(b). This certification is made under penalty of perjury to
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the best of my knowledge and belief, and is made in good faith.
Such a certification must be signed by an authorized agent. See
Attachment 2 to the released, formatted version of this document at
<a href="https://docs.fcc.gov/public/attachments/DA-23-794A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-794A1.pdf</a>) for an
example.
How to file. CARS licensees must file their certifications in COALS
by accessing the COALS Portal at <a href="https://fccprod.servicenowservices.com/coals">https://fccprod.servicenowservices.com/coals</a>.
<bullet> After logging in with a Commission Registration System
(CORES) Username and Password, select the FRN of the business entity
which holds the license.
<bullet> From the list of CARS licenses on the COALS dashboard,
select each license for which a certification must be filed.
<bullet> The license will display an option to complete a
certification form; selecting this option will present the
certification with the relevant information pre-filled, similar to
Attachment 2 of the released, formatted version, and will allow the
submission of the form.
5. Modification Applications
If a licensee is unable to make the certification for a license
because, for example, the license's required technical data are
inaccurate, missing or incomplete; the license has terminated
automatically; or the license facilities are not operating as
authorized, the licensee must cancel the license or file a modification
application no later than November 29, 2023, to correct the information
reflected in the license in accordance with the Commission's rules and
the relevant application forms and instructions. If a licensee files a
modification application, it does not need to file a certification for
that license.
a. Exception or Waiver of Filing Freeze To File Modification
Applications
A freeze is in effect on the filing of new or modification
applications for licenses or other authorizations in the 12.7 GHz
band.\8\ The purpose of this freeze is to preserve the current
landscape of authorized operations in the 12.7 GHz band pending the
Commission's consideration of actions in GN Docket No. 22-352. During
the freeze, WTB and MB will dismiss applications received for new or
major modifications to fixed or mobile BAS and CARS stations to operate
in the 12.7 GHz band, respectively.\9\
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\8\ See 180-Day Freeze on Applications for New or Modified
Authorizations for the 12.7-13.25 GHz Band, Public Notice, DA 22-
974, 2022 WL 4358635 (IB/PSHSB/MB/WTB Sept. 19, 2022), 87 FR 63494
(Oct. 19, 2022) (Freeze Public Notice); Expanding Use of the 12.7-
13.25 GHz Band for Mobile Broadband or Other Expanded Use, GN Docket
No. 22-352, Notice of Inquiry and Order, FCC 22-80, 2022 WL
16634851, at *14, paragraph. 44 (Oct. 28, 2022) (the Commission
ordered the extension of the temporary freeze pending the outcome of
GN Docket No. 22-352 and clarified that the Bureaus retain
jurisdiction to modify the freeze notwithstanding this order)
(Freeze Extension Order), 87 FR 67688 (Nov. 9, 2022).
\9\ See Freeze Public Notice at *1-2.
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The freeze does not extend to BAS and CARS applications for
renewal, cancellation, or to minor modifications,\10\ if the licensee
establishes in an exhibit attached to its application that the
modification would not add to any relocation costs, if applicable in
the future. The appropriate Bureau also will consider requests for
waiver of this freeze on a case-by-case basis. Accordingly, BAS and
CARS licensees filing modification applications must either establish
in an exhibit uploaded as an attachment that the application is minor
and would not add to any relocation costs, or they must request a
waiver of the freeze (see details below).
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\10\ See 47 CFR 1.947(b) (licensees may make certain minor
modifications to station authorizations, as defined in Sec. 1.929
(Classification of filings as major minor). Section 1.929(d)
discusses major actions in the microwave, aural broadcast auxiliary,
and television broadcast auxiliary services and Sec. 1.929(k)
states that any change not specifically listed as major is
considered minor. See 47 CFR 1.929(d) and (k); see also id. at
Sec. Sec. 78.109(c) through(d) (defining minor modifications for
CARS licenses).
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b. BAS Modification Applications in ULS
BAS licensees must file modification applications in ULS.
<bullet> Access ULS through an internet web browser by entering
<a href="http://www.fcc.gov/uls">www.fcc.gov/uls</a>. Under the ``Filing'' section of the ULS homepage,
click the ``File Online'' hyperlink.
<bullet> On the ``ULS License Manager Login'' page, enter the
applicant's FRN and password. Click ``Submit.'' ULS will verify that
you have entered a valid FRN or otherwise prompt you to obtain an FRN.
<bullet> After entering the FRN and password correctly, the ``My
Applications'' page or the ``My Licenses'' page displays the
applicant's existing applications (if any) and licenses and related
information.
<bullet> To apply to modify an existing license, click the ``My
Licenses'' link in the left-hand navigation menu. Click ``Update
Licenses'' and then select the Call Sign to be modified. Click
Continue.
<bullet> Select the appropriate update. Available options include
``Technical Data,'' which covers locations, antennas, frequencies, etc.
<bullet> Supply the information requested by FCC Form 601 and the
Commission's rules. Complete the questions on the pages as they appear,
following the onscreen prompts and instructions. Use the buttons at the
bottom of each page to continue to the next page or go back to the
previous page. Provide attachments as instructed by clicking the
``Attachments'' link at the top of the page. Be sure to use the
standard attachment types (Word, Adobe Acrobat) and file descriptions.
<bullet> Unless you are attaching an exhibit that establishes that
your application is excepted from the filing freeze (see section 5.a.
above), you must request a waiver of the filing freeze. Select ``Yes''
to the question ``Does this application include a request for a Waiver
of the Commission's Rule(s)?'' Then upload an exhibit that demonstrates
that waiving the filing freeze for your application would serve the
public interest and not undermine the objectives of the freeze.\11\ The
request should be filed with the corresponding application. Upload the
waiver request as a file, select Attachment Type ``Waiver'' and enter
``Waiver Request'' in the ``Description'' field on the ``Attachments''
page.
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\11\ See Freeze Public Notice at *2.
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c. CARS Modification Applications in COALS
CARS licensees must file modifications in COALS by accessing the
COALS Portal at <a href="https://fccprod.servicenowservices.com/coals">https://fccprod.servicenowservices.com/coals</a>.
<bullet> After logging in with a CORES Username and Password,
select the FRN of the business entity which holds the license. From the
list of CARS licenses on the COALS dashboard, select the license for
which a modification is needed. COALS will display the option to
complete a major or minor modification.
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<bullet> Select the appropriate option.
[cir] In situations where online records reference paper filings
(e.g., ``See File'' is displayed instead of paths, frequencies, or
other information; or information available online is simply blank),
the filing fee for the modification application as well as the freeze
on the filing of modification applications will be waived to allow the
licensee to enter data from paper filings to COALS. To request a waiver
of the filing fee, select ``Request Waiver of Filing Fee'' for Major
Modifications option and provide a short explanation of the reason the
fee should be waived (e.g., that data in the online system references
prior paper filings and the instant application is limited to entering
accurate data from paper filings to COALS). Additionally, while
helpful, where filers are providing missing information, Exhibit A-4,
the ``Result of a Frequency Coordination Study,'' is not required and a
statement that the paper license that is being entered into COALS has
been previously coordinated will suffice.\12\
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\12\ Ordinarily, FCC Form 327, Schedule A, Item 7 requires the
applicant ``[f]or a new station or major change, (e.g., a change in
azimuth or transmit antenna or an increase in power or frequency,
etc.)'' to attach as Exhibit A-4 a statement or showing detailing
the results of a frequency coordination study performed pursuant to
47 CFR 78.36.
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[cir] Licenses which contain incorrect information as a result of
subsequent changes to the operations of the CARS license are not
eligible for a waiver of the application processing fee and the
licensee must request a waiver of the filing freeze (see below) for the
modification application necessary to make the license accurate and
complete.
[cir] All technical information must be entered into COALS for the
CARS license to be eligible for incumbent status.
<bullet> Supply the information requested by FCC Form 327. To
request a waiver of the filing freeze for applications where more than
the mere completion of online records is taking place, append a short
statement to Exhibit A-3, the ``Statement of Eligibility,''
establishing the reasoning for the waiver (i.e., that demonstrates that
waiving the filing freeze for your application would serve the public
interest and not undermine the objectives of the freeze).\13\ Complete
the relevant certifications and submit the modification to complete the
process.
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\13\ See Freeze Public Notice at *2.
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6. License Cancellations
BAS licenses are subject to termination following a discontinuance
of service or failure to meet construction or coverage
requirements.\14\ If a BAS license has terminated automatically the
licensee should cancel it in ULS. CARS licenses are forfeited in whole
or in part upon the voluntary removal or alteration of their facilities
so as to render them not operational for a period of 30 days or
more.\15\ CARS licensee stations that have not operated for one year or
more are considered to have been permanently discontinued and are
required to cancel their license in COALS.\16\
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\14\ See 47 CFR 74.5(a)(4), 1.946, 1.953, 1.955.
\15\ Id. Sec. 78.30(a).
\16\ Id. Sec. 78.30(b).
Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2023-20089 Filed 9-15-23; 8:45 am]
BILLING CODE 6712-01-P
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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.