[Federal Register: May 26, 2004 (Volume 69, Number 102)]
[Rules and Regulations]
[Page 29894-29903]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my04-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 25, 63 and 64
[DA 04-671]
International Bureau Filing System (IBFS)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC)
codifies the use of the International Bureau Filing System (IBFS) as an
official method of filing applications related to satellite and
international telecommunications services with the Commission. In
addition, this document modifies the Commission Rules to reflect
mandatory electronic filing
[[Page 29895]]
requirements adopted in the First Space Station Reform Order and the
Third Space Station Reform Order. In doing so, we amend the
Commission's rules to accommodate electronic filing via IBFS.
Electronic filing has proven to improve the speed and efficiency of
application processing and also to expedite the availability of
application information for public use and inspection.
DATES: Effective May 19, 2004.
FOR FURTHER INFORMATION CONTACT: Jacqueline Ponti, 202-418-0436 or Mary
Jane Solomon, 202-418-0593.
SUPPLEMENTARY INFORMATION: In incorporating IBFS into the Code of
Federal Regulations, applicants now have assurance in the viability of
their online filings through IBFS.
Applicants may voluntarily file the following applications through
IBFS.
International Accounting Rate Change Filings.
Submarine Cable Landing License Applications.
Requests for Assignment of Data Network Identification
Codes
Foreign Carrier Affiliation Notification Filings.
International Section 214 Applications.
International Section 214 Special Temporary Authority.
International Signaling Point Code Filings.
Recognized Operating Agency Filings.
Renewal of Radio License in Specific Services (except as
noted in paragraph 6).
Space and Earth Station Applications (except as noted in
paragraph 6).
--Earth Station Authorizations-Form 312
--Earth Station Special Temporary Authority
--Space Station Authorizations-Form 312
--Space Station Special Temporary Authority
--Modifications of Authorization-Form 312
--Amendments to Pending Applications-Form 312
--Transfers of Control of License-Form 312
--Assignments of License-Form 312
Applicants are required to file the following applications
electronically through IBFS.
Space Station Applications except for Digital Broadcast
Service (DBS) and Digital Audio Radio Service (DARS).
Earth Station Applications to Access a Non-U.S. Satellite
Not Currently Authorized to Provide the Proposed Service in the
Proposed Frequencies in the United States.
Routine Earth Station Applications.
The International Bureau wrote the new and amended rules in plain
language pursuant to Executive Order 12866.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Reporting and recordkeeping
requirements.
47 CFR Parts 25, 63 and 64
Reporting and recordkeeping requirements.
Federal Communications Commission.
Andrew S. Fishel,
Managing Director.
Rule Changes
0
For the reasons stated above, the Federal Communications Commission
amends 47 CFR Parts 1, 25, 63 and 64 as set forth below:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
0
2. Section 1.767(a) is revised to read as follows:
Sec. 1.767 Cable landing licenses.
(a) Applications for cable landing licenses under 47 U.S.C. 34-39
and Executive Order No. 10530, dated May 10, 1954, should be filed in
accordance with the provisions of that Executive Order. These
applications should contain the information below. You may file your
application electronically on the Internet through the International
Bureau Filing System (IBFS) or by paper. For information on filing your
application through IBFS, see part 1, subpart Y and the IBFS homepage
at http://www.fcc.gov/ibfs. Paper applications should be filed in
duplicate.
* * * * *
0
3. A new Subpart Y is added to read as follows:
Subpart Y--International Bureau Filing System
Sec.
1.9000 What is the purpose of these rules?
1.9001 Definitions.
1.9002 What happens if the rules conflict?
1.9003 When can I start operating?
1.9004 What am I allowed to do if I am approved?
1.9005 What is IBFS?
1.9006 Is electronic filing mandatory?
1.9007 What applications can I file electronically?
1.9008 What are IBFS file numbers?
1.9009 What are the steps for electronic filing?
1.9010 Do I need to send paper copies with my electronic
applications?
1.9011 Who may sign applications?
1.9012 When can I file on IBFS?
1.9013 How do I check the status of my application after I file it?
1.9014 What happens after officially filing my application?
1.9015 Are there exceptions for emergency filings?
1.9016 How do I apply for special temporary authority?
1.9017 How can I submit additional information?
1.9018 May I amend my application?
Subpart Y--International Bureau Filing System
Sec. 1.9000 What is the purpose of these rules?
(a) These rules are issued under the Communications Act of 1934, as
amended, 47 U.S.C. 151 et seq., and the Submarine Cable Landing License
Act, 47 U.S.C. 34-39.
(b) These rules allow you to file many International and Satellite
Services applications electronically via the Internet using the
International Bureau Filing System.
(c) These rules require electronic filing of all Satellite Space
Station applications, except Digital Broadcast Service (DBS) and
Digital Audio Radio Service (DARS) applications.
(d) These rules require electronic filing of applications for
routine earth station applications.
(e) These rules require electronic filing of applications for Earth
Stations to Access a Non-U.S. Satellite Not Currently Authorized to
Provide the Proposed Service in the Proposed Frequencies in the United
States.
(f) This section describes requirements and conditions pertaining
to electronic filing.
(g) More licensing and application descriptions and directions are
in parts 1 (Sec. 1.767), 25, 63 (Sec. 63.18), and 64 of this chapter.
Sec. 1.9001 Definitions.
Application. A request for an earth or space station radio station
license, an international cable landing license, or an international
service authorization, or a request to amend a pending application or
to modify or renew licenses or authorizations. The term also includes
the other requests that may be filed in IBFS such as transfers of
control and assignments of license applications, earth station
registrations, and foreign carrier affiliation notifications.
Authorizations. Generally, a written document or oral statement
issued by us
[[Page 29896]]
giving authority to operate or provide service.
International Bureau Filing System. The International Bureau Filing
System (IBFS) is a database, application filing system, and processing
system for all International and Satellite services. IBFS supports
electronic filing of many applications and related documents in the
International Bureau, and provides public access to this information.
International Services. All international services authorized under
parts 1, 63 and 64 of this chapter.
Official Filing Date.
Satellite Space Station Applications (other than DBS and DARS) and
Applications for Earth Stations to Access a Non-U.S. Satellite Not
Currently Authorized to Provide the Proposed Service in the Proposed
Frequencies in the United States. We consider a Satellite Space Station
application (other than DBS and DARS) and an Application for an Earth
Station to Access a Non-U.S. Satellite Not Currently Authorized to
Provide the Proposed Service in the Proposed Frequencies in the United
States officially filed the moment you file them through IBFS. The
system tracks the date and time of filing (to the millisecond). For
purposes of the queue discussed in Sec. 25.158 of this chapter, we
will base the order of the applications in the queue on the date and
time the applications are filed, rather than the ``Official Filing
Date'' as defined here.
All Other Applications. We consider all other applications
officially filed once you file the application in IBFS and applicable
filing fees are received and approved by the FCC, unless the
application is determined to be fee-exempt. We determine your official
filing date based on one of the following situations:
1. You file your Satellite Space Your official filing date is the
Station Application (other than date and time (to the millisecond)
DBS and DARS) or your Application you file your application and
for Earth Stations to Access a Non- receive a confirmtion of filing
U.S. Satellite Not Currently and submission ID.
Authorized to provide the Proposed
Service in the Proposed
Frequencies in the United States
in IBFS.
2. You file all other applications Your official filing date is:
in IBFS and then do one of the
following:.
Send your payment (via check, bank The date Mellon Bank stamps your
draft, money order, credit card, payment as received.
or wire transfer) and FCC Form 159
to Mellon Bank.
Pay by online credit card (through The date your online credit card
IBFS).. payment is approved. (Note: you
will receive a remittance ID and
an authorization number if your
transaction is successful).
Determine your application type is The date you file in IBFS and
fee-exempt or your application receive a confirmation of filing
qualifies for exemption to charges and submission ID.
as provided in Part 1 of the
Commission's Rules.
Satellite Services. All satellite services authorized under part 25
of this chapter.
Submission ID. The Submission ID is the confirmation number you
receive from IBFS once you have successfully filed your application. It
is also the number we use to match your filing to your payment. Your
IBFS Submission ID will always start with the letters ``IB'' and
include the year in which you file as well as a sequential number,
(e.g., IB2003000123).
Us. In this subpart, ``us'' refers to the Commission.
We. In this subpart, ``we'' refers to the Commission.
You. In this subpart, ``you'' refers to applicants, licensees, your
representatives, or other entities authorized to provide services.
Sec. 1.9002 What happens if the rules conflict?
The rules concerning parts 1, 25, 63 and 64 of this chapter govern
over the electronic filing in this subpart.
Sec. 1.9003 When can I start operating?
You can begin operating your facility or providing services once we
grant your application to do so, under the conditions set forth in your
license or authorization.
Sec. 1.9004 What am I allowed to do if I am approved?
If you are approved and receive a license or authorization, you
must operate in accordance with, and not beyond, your terms of
approval.
Sec. 1.9005 What is IBFS?
(a) The International Bureau Filing System (IBFS) is a database,
application filing system, and processing system for all International
and Satellite Services. IBFS supports electronic filing of many
applications and related documents in the International Bureau, and
provides public access to this information.
(b) We maintain applications, notifications, correspondence, and
other materials filed electronically with the International Bureau in
IBFS.
Sec. 1.9006 Is electronic filing mandatory?
Electronic filing is mandatory for:
(a) Satellite license applications other than DBS and DARS
applications,
(b) Applications for earth stations to access a non-U.S. satellite
not currently authorized to provide the proposed service in the
proposed frequencies in the United States, and
(c) Routine earth station applications. Except for these
applications, electronic filing is voluntary at this time. However, we
encourage you to use IBFS to increase time-savings and efficiency.
Sec. 1.9007 What applications can I file electronically?
(a) You can file most International and Satellite applications
electronically. In cases where a paper form exists, we attempted to
keep the same format for the online version of the form. In some cases
(such as International Section 214 applications filed under Sec.
63.18), although a paper form does not exist, there is an electronic
form to facilitate filing.
(b) The following applications are available on IBFS for electronic
filing:
(1) International Accounting Rate Change Filings,
(2) Submarine Cable Landing License Applications,
(3) Requests for Assignment of Data Network Identification Codes,
(4) Foreign Carrier Affiliation Notification Filings,
(5) International Section 214 Applications,
(6) International Section 214 Special Temporary Authority,
(7) International Signaling Point Code Filings,
(8) Recognized Operating Agency Filings,
(9) Renewal of Radio License in Specific Services, and
(10) Space and Earth Station Applications
(i) Earth Station Authorizations--Form 312
[[Page 29897]]
(ii) Earth Station Special Temporary Authority
(iii) Space Station Authorizations--Form 312
(iv) Space Station Special Temporary Authority
(v) Modifications of Authorization--Form 312
(vi) Amendments to Pending Applications--Form 312
(vii) Transfers of Control of License--Form 312
(viii) Assignments of License--Form 312
(c) Many applications require exhibits or attachments. If
attachments are required, you must attach documentation to your
electronic application before filing. We accept attachments in the
following formats: Word, Adobe Acrobat, Excel and Text.
(d) For paper filing rules and procedures, see parts 1, 25, 63 or
64.
Sec. 1.9008 What are IBFS file numbers?
(a) We assign file numbers to electronic applications in order to
facilitate processing.
(b) We only assign file numbers for administrative convenience;
they do not mean that an application is acceptable for filing.
(c) For a description of file number information, see The
International Bureau Filing System File Number Format Public Notice,
DA-04-568 (released February 27, 2004).
Sec. 1.9009 What are the steps for electronic filing?
(a) Step 1: Register for an FCC Registration Number (FRN). (See
Subpart W, Sec. Sec. 1.8001 through 1.8004.)
(1) If you already have an FRN, go to Step 2.
(2) In order to process your electronic application, you must have
an FRN. You may obtain an FRN either directly from the Commission
Registration System (CORES) at http://www.fcc.gov/e-file/, or through
IBFS as part of your filing process. If you need to know more about who
needs an FRN, visit CORES at http://www.fcc.gov/e-file/.
(3) If you are a(n):
(i) Applicant,
(ii) Transferee and assignee,
(iii) Transferor and assignor,
(iv) Licensee/Authorization Holder, or
(v) Payer, you are required to have and use an FRN when filing
applications and/or paying fees through IBFS.
(4) We use your FRN to give you secured access to IBFS and to pre-
fill the application you file.
(a) Step 2: Register with IBFS.
(1) If you are already registered with IBFS, go to Step 3.
(2) In order to complete and file your electronic application, you
must register in IBFS, located at http://www.fcc.gov/ibfs.
(3) You can register your account in:
(i) Your name,
(ii) Your company's name, or
(iii) Your client's name.
(4) IBFS will issue you an account number as part of the
registration process. You will create your own password.
(5) If you forget your password, send an e-mail to the IBFS
helpline at ibfsinfo@fcc.gov or contact the helpline at (202) 418-2222
for assistance.
(c) Step 3: Log into IBFS, select the application you want to file,
provide the required FRN(s) and password(s) and fill out your
application. You must completely fill out forms and provide all
requested information as provided in parts 1, 25, 63 and 64 of this
chapter.
(1) You must provide an address where you can receive mail delivery
by the United States Postal Service. You are also encouraged to provide
an e-mail address. This information is used to contact you regarding
your application and to request additional documentation, if necessary.
(2) Reference to material on file. You must answer questions on
application forms that call for specific technical data, or that
require yes or no answers or other short answers. However, if documents
or other lengthy showings are already on file with us and contain the
required information, you may incorporate the information by reference,
as long as:
(i) The referenced information is filed in IBFS or, if manually
filed, the information is more than one ``8\1/2\ inch by 11 inch''
page.
(ii) The referenced information is current and accurate in all
material respects; and
(iii) The application states where we can find the referenced
information as well as:
(A) The application file number, if the reference is to previously-
filed applications
(B) The title of the proceeding, the docket number, and any legal
citation, if the reference is to a docketed proceeding.
(a) Step 4. File your application. If you file your application
successfully through IBFS, a confirmation screen will appear showing
you the date and time of your filing and your submission ID. Print this
verification for your records as proof of online filing.
(b) Step 5: Pay for your application.
(1) Most applications require that you pay a fee to us before we
can begin processing your application. You can determine the amount of
your fee in three ways:
(i) You can refer to Sec. 1.1107,
(ii) You can refer to the International and Satellite Services fee
guide located at http://www.fcc.gov/fees/appfees.html, or
(iii) You can run a draft Form 159 through IBFS, in association
with a filed application, and the system will automatically enter your
required fee on the form.
(2) A complete FCC Form 159 must accompany all fee payments. You
must provide the FRN for both the applicant and the payer. You also
must include your IBFS Submission ID number on your FCC Form 159 in the
box labeled ``FCC Code 2.'' In addition, for applications for transfer
of control or assignment of license, call signs involved in the
transaction must be entered into the ``FCC Code 1'' box on the FCC Form
159. (This may require the use of multiple rows on the FCC Form 159 for
a single application where more than one call sign is involved.)
(i) You may use a paper version of FCC Form 159, or
(ii) You can generate a pre-filled FCC Form 159 from IBFS using
your IBFS Submission ID. For specific instructions on using IBFS to
generate your FCC Form 159, go to the IBFS Web site (http://www.fcc.gov/ibfs
) and click on the ``Getting Started'' button.
(3) You have 3 payment options:
(i) Pay by credit card (through IBFS or by regular mail),
(ii) Pay by check, bank draft or money order, or
(iii) Pay by wire transfer or other electronic payments.
(4) You have 14 calendar days from the date you file your
application in IBFS to submit your fee payment to Mellon Bank. Your FCC
Form 159 must be stamped ``received'' by Mellon Bank by the 14th day.
If not, we will dismiss your application.
(5) If you send your Form 159 and payment to Mellon Bank in paper
form, you should mail your completed Form 159 and payment to the
address specified in Sec. 1.1107 of the Commission's rules. If you
file electronically, do not send copies of your application with your
payment and Form 159.
(6) For more information on fee payments, refer to Payment
Instructions found on the IBFS Internet site at http://www.fcc.gov/ibfs
.
(7) Step 5 is not applicable if your application is fee exempt.
[[Page 29898]]
Sec. 1.9010 Do I need to send paper copies with my electronic
applications?
(a) If you file electronically through IBFS, the electronic record
is the official record.
(b) If you file electronically, you do not need to submit paper
copies of your application.
(c) If you submit paper copies of your application with your
payment, we will consider them as copies and may not retain them.
Sec. 1.9011 Who may sign applications?
(a) ``Signed'' in this section refers to electronically filed
applications. An electronic application is ``signed'' when there is an
electronic signature. An electronic signature is the typed name of the
person ``signing'' the application, which is then electronically
transmitted via IBFS.
(b) For all electronically filed applications, you (or the signor)
must actually sign a paper copy of the application, and keep the signed
original in your files for future reference.
(c) You only need to sign the original of applications, amendments,
and related statements of fact.
(d) Sign applications, amendments, and related statements of fact
as follows (either electronically or manually):
(1) By you, if you are an individual;
(2) By one of the partners, if you are a partnership;
(3) By an officer, director, or duly authorized employee, if you
are a corporation; or
(4) By a member who is an officer, if you are an unauthorized
association.
(e) If you file applications, amendments, and related statements of
fact on behalf of eligible government entities, an elected or appointed
official who may sign under the laws of the applicable jurisdiction
must sign the document. Eligible government entities are:
(1) States and territories of the United States,
(2) Political subdivisions of these states and territories,
(3) The District of Columbia, and
(4) Units of local government.
(f) If you are either physically disabled or absent from the United
States, your attorney may sign applications, amendments and related
statements of facts on your behalf.
(1) Your attorney must explain why you are not signing the
documents.
(2) If your attorney states any matter based solely on his belief
(rather than knowledge), your attorney must explain his reasons for
believing that such statements are true.
(g) It is unnecessary to sign applications, amendments, and related
statements of fact under oath. However, willful false statements are
punishable by a fine and imprisonment, 18 U.S.C. 1001, and by
administrative sanctions.
Sec. 1.9012 When can I file on IBFS?
IBFS is available 24 hours a day, seven (7) days a week for filing.
Sec. 1.9013 How do I check the status of my application after I file
it?
You can check the status of your application through the ``Search
Tools'' on the IBFS homepage. The IBFS homepage is located at
http://www.fcc.gov/ibfs.
Sec. 1.9014 What happens after officially filing my application?
(a) We give you an IBFS file number.
(b) We electronically route your application to an analyst who
conducts an initial review of your application. If your application is
incomplete, we will either dismiss the application, or contact you by
telephone, letter or email to ask for additional information within a
specific time. In cases where we ask for additional information, if we
do not receive it within the specified time, we will dismiss your
application. In either case, we will dismiss your application without
prejudice, so that you may file again with a complete application.
(c) If your application is complete, and we verify receipt of your
payment, it will appear on an ``Accepted for Filing'' Public Notice,
unless public notice is not required. An ``Accepted for Filing'' Public
Notice gives the public a certain amount of time to comment on your
filing. This period varies depending upon the type of application.
(1) Certain applications do not have to go on an ``Accepted for
Filing'' Public Notice prior to initiation of service, but instead are
filed as notifications to the Commission of prior actions by the
carriers as authorized by the rules. Examples include pro forma
notifications of transfer of control and assignment and certain foreign
carrier notifications.
(2) Each ``Accepted for Filing'' Public Notice has a report number.
Examples of various types of applications and their corresponding
report number (the ``x'' represents a sequential number) follow.
------------------------------------------------------------------------
Type of application Report No.
------------------------------------------------------------------------
325-C Applications................. 325-xxxxx
Accounting Rate Change............. ARC-xxxxx
Foreign Carrier Affiliation FCN-xxxxx
Notification.
International High Frequency....... IHF-xxxxx
International Public Fixed......... IPF-xxxxx
Recognized Operating Agency........ ROA-xxxxx
Satellite Space Station............ SAT-xxxxx
Satellite Earth Station............ SES-xxxxx
International Telecommunications:
Streamlined.................... TEL-xxxxxS
Non-streamlined................ TEL-xxxxxNS and/or DA
Submarine Cable Landing:
Streamlined.................... SCL-xxxxxS
Non-streamlined................ SCL-xxxxxNS and/or DA
------------------------------------------------------------------------
(d) After the Public Notice, your application may undergo legal,
technical and/or financial review as deemed necessary. In addition,
some applications require coordination with other government agencies.
(e) After review, we decide whether to grant or deny applications
or whether to take other necessary action. Grants, denials and any
other necessary actions are noted in the IBFS database. Some filings
may not require any affirmative action, such as some Foreign Carrier
Affiliation Notification Filings. Other filings, such as some
International Section 214 Applications, International Accounting Rate
Change Filings and Requests for assignment of Data Network
Identification Codes, may be granted automatically on a specific date
unless the applicant is notified otherwise prior to that date, as
specified in the rules.
[[Page 29899]]
(f) We list most actions taken on public notices. Each ``Action
Taken'' Public Notice has a report number. Examples of various types of
applications and their corresponding report number (the ``x''
represents a sequential number) follow.
------------------------------------------------------------------------
Type of application Report No.
------------------------------------------------------------------------
325-C Applications................. 325-xxxxx
Accounting Rate Change............. No action taken PN released
Foreign Carrier Affiliation No action taken PN released
Notification.
International High Frequency....... IHF-xxxxx
International Public Fixed......... IPF-xxxxx
Recognized Operating Agency........ No action taken PN released
Satellite Space Station............ SAT-xxxxx (occasionally)
Satellite Earth Station............ SES-xxxxx
International Telecommunications... TEL-xxxxx and DA
Submarine Cable Landing............ TEL-xxxxx and DA
------------------------------------------------------------------------
(g) Other actions are taken by formal written Order, oral actions
that are followed up with a written document, or grant stamp of the
application. In all cases, the action dates are available online
through the IBFS system.
(h) Issuing and Mailing Licenses for Granted Applications. Not all
applications handled through IBFS and granted by the Commission result
in the issuance of a paper license or authorization. A list of
application types and their corresponding authorizations follows.
------------------------------------------------------------------------
Type of license/authorization
Type of application issued
------------------------------------------------------------------------
325-C Application.................. FCC permit mailed to permittee or
contact, as specified in the
application.
Accounting Rate Change............. No authorizing document is issued
by the Commission. In some cases,
a Commission order may be issued
related to an Accounting Rate
Change filing.
Data Network Identification Code Letter confirming the grant of a
Filing. new DNIC or the reassignment of an
existing DNIC is mailed to the
applicant or its designated
representative.
Foreign Carrier Affiliation No authorizing document is issued
Notification. by the Commission. In some cases,
a Commission order may be issued
related to a Foreign Carrier
Affiliation Notification.
International High Frequency:
Construction Permits,.......... For all applications, an original,
Licenses,...................... stamped authorization is issued to
Modifications,................. the applicant and a copy of the
Renewals, and.................. authorization is sent to the
Transfers of Control/Assignment specified contact.
of License.
International Public Fixed:
1. Construction Permits........ 1. Once the operating license is
granted, the construction period
therein is specified as a
condition on the license.
2. Request for Special 2. Letter, grant-stamped request,
Temporary Authority. or short order.
3. New Authorization........... 3. License issued and mailed to
applicant (original) and specified
contact (copy).
4. Amendment................... 4. If granted, the action is
incorporated into the license for
the underlying application.
5. Modification................ 5. License issued and mailed to
applicant (original) and specified
contact (copy).
6. Renewal..................... 6. License issued and mailed to
applicant (original) and specified
contact (copy).
7. Transfer of Control/ 7. If granted, Form A-732
Assignment of License. authorization issued and mailed to
applicant (original), parties to
the transaction, and the
applicant's specified contact
(copy).
Recognized Operating Agency........ The FCC sends a letter to the
Department of State requesting
grant or denial of recognized
operating agency status. (The
applicant is mailed a courtesy
copy.) The Department of State
issues a letter to both the
Commission and the Applicant
advising of their decision.
Satellite Space Station:
1. Request for Special 1. Letter, grant-stamped request,
Temporary Authority. or short order.
2. New Authorization........... 2. Generally issued by Commission
Order.
3. Amendment................... 3. Generally issued as part of a
Commission Order acting upon the
underlying application.
4. Modification................ 4. Generally issued by Commission
Order.
5. Transfer of Control/ 5. Generally issued by Commission
Assignment of License. Order or Public Notice. Also, Form
A-732 authorization issued and
mailed to applicant (original),
parties to the transaction, and
the applicant's specified contact
(copy).
Satellite Earth Station:
1. Request for Special 1. Letter, grant-stamped request,
Temporary Authority. or short order.
[[Page 29900]]
2. New Authorization........... 2. License issued and mailed to
applicant (original) and specified
contact (copy).
3. Amendment................... 3. If granted, the action is
incorporated into the license for
the underlying application.
4. Modification................ 4. License issued and mailed to
applicant (original) and specified
contact (copy).
5. Renewal..................... 5. License issued and mailed to
applicant (original) and specified
contact (copy).
6. Transfer of Control/ 6. If granted, Form A-732
Assignment of License. authorization issued and mailed to
applicant (original), parties to
the transaction, and the
applicant's specified contact
(copy).
International Telecommunications--
Section 214:
1. Streamlined (New, Transfer 1. Action Taken Public Notice
of Control, Assignment). serves as the authorization
document. This notice is issued
weekly and is available online
both at IBFS (http://www.fcc.gov/
ibfs) and the Electronic Document
Management System (EDOCS) (http://www.fcc.gov/e-file/
).
2. Non-streamlined (New, 2. Decisions are generally issued
Transfer of Control, by PN; some are done by Commission
Assignment). Order.
3. Request for Special 3. Letter, grant-stamped request
Temporary Authority. issued to applicant.
International Signaling Point Code Letter issued to applicant.
Filing.
Submarine Cable Landing License
Application:
1. Streamlined (New, Transfer 1. Action Taken Public Notice
of Control, Assignment). serves as the authorization
document. This notice is issued
weekly and is available online
both at IBFS, which can be found
at http://www.fcc.gov/ibfs, and
the Electronic Document Management
System (EDOCS), which can be found
at http://www.fcc.gov/e-file/.
2. Non-Streamlined (New, 2. Decisions are generally issued
Transfer of Control, by PN; some are done by Commission
Assignment). Order.
------------------------------------------------------------------------
Sec. 1.9015 Are there exceptions for emergency filings?
(a) Sometimes we grant licenses, modifications or renewals even if
no one files an application. Instances where this may occur include:
(1) If we find there is an emergency involving danger to life or
property, or because equipment is damaged;
(2) If the President proclaims, or if Congress declares, a national
emergency;
(3) During any war in which the United States is engaged and when
grants, modifications or renewals are necessary for national defense,
security or in furtherance of the war effort; or
(4) If there is an emergency where we find that it is not feasible
to secure renewal applications from existing licensees or to follow
normal licensing procedures.
(b) Emergency authorizations stop at the end of emergency periods
or wars. After the emergency period or war, you must submit your
request by filing the appropriate form either manually or
electronically.
(c) The procedures for emergency requests, as described in this
section, are as specified in Sec. Sec. 25.120 and 63.25 of this
chapter.
Sec. 1.9016 How do I apply for special temporary authority?
(a) Requests for Special Temporary Authority (STA) may be filed via
IBFS for most services. We encourage you to file STA applications
through IBFS as it will ensure faster receipt of your request.
(b) For specific information on the content of your request, refer
to Sec. Sec. 25.120 and 63.25 of this chapter.
Sec. 1.9017 How can I submit additional information?
In response to an official request for information from the
International Bureau, you can submit additional information
electronically directly to the requestor, or by mail to the Office of
the Secretary, Attention: International Bureau.
Sec. 1.9018 May I amend my application?
(a) If the service rules allow, you may amend pending applications.
(b) If an electronic version of an amendment application is
available in IBFS, you may file your amendment electronically through
IBFS.
PART 25--SATELLITE COMMUNICATIONS
0
4. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309, and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332,
unless otherwise noted.
0
5. Section 25.110 is revised to read as follows:
Sec. 25.110 Filing of Applications, fees, and number of copies.
(a) You can obtain application forms for this part by:
(1) Going online at http://www.fcc.gov/ibfs, where you may complete
the form prior to submission via IBFS, the IB electronic filing system;
(2) Going online at http://www.fcc.gov and clicking the Forms link
to download and print the form prior to completion;
(3) Writing to the Federal Communications Commission, Forms
Distribution Center, 9300 E. Hampton Drive, Capital Heights, MD 20743;
or
(4) Calling 1 (800) 418-3676.
(b) Submitting your application--(1) Electronic filing. All
Satellite Space Station applications, with the exception of DBS and
DARS, and applications for Earth Stations to Access a Non-U.S.
Satellite Not Currently Authorized to Provide the Proposed Service in
the Proposed Frequencies in the United States, must be filed
electronically in accordance with First Report and Order and Further
Notice of Proposed Rulemaking (IB Docket No. 02-34) and First Report
and Order (IB Docket No. 02-54) (FCC 03-102). All other satellite radio
station applications may be filed electronically or manually.
(2) Manual filing. Manually filed satellite radio station
applications requiring a fee, must be submitted to the address
specified in part 1, subpart G of this chapter. You must submit all
other applications to the Office of the
[[Page 29901]]
Secretary, Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
(c) All your correspondence and amendments concerning your
application must identify:
(1) The satellite radio service;
(2) The applicant's name;
(3) Station location;
(4) The call sign or other identification of the station; and
(5) The file number of the application involved.
(d) Copies. If you file electronically though IBFS, you do not need
to submit any paper versions of your application (original or copies)
with your payment.
(1) If you file Digital Broadcast Service and Digital Audio Radio
Service paper applications, you must submit the original and nine (9)
copies.
(2) If you file anything else on paper, including applications,
exhibits, attachments, amendments and correspondence, you must submit
the original and 3 copies.
(e) Signing. If you submit your application electronically, upon
filing, you must print out the filed application, obtain the proper
signatures, and keep the original for your files.
(1) If you submit a paper application, you must sign it in
accordance with Sec. 1.743 of this chapter.
(2) You may conform all other copies.
(f) You must pay the appropriate fee for your application and
submit it in accordance with subpart G of part 1 of this chapter.
0
6. Section 25.114 is amended by revising paragraph (b) to read as
follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(b) Each application for a new or modified space station
authorization must constitute a concrete proposal for Commission
evaluation. Each application must also contain the formal waiver
required by Section 304 of the Communications Act, 47 U.S.C. 304. The
technical information for a proposed satellite system specified in
paragraph (c) of this section must be filed on FCC Form 312, Main Form
and Schedule S. The technical information for a proposed satellite
system specified in paragraph (d) of this section need not be filed on
any prescribed form but should be complete in all pertinent details.
Applications for new space station authorizations other than
authorizations for the Direct Broadcast Service (DBS) and Digital Audio
Radio Satellite (DARS) service must be filed electronically through the
International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
* * * * *
0
7. Section 25.115 is amended by revising paragraph (a) to read as
follows:
Sec. 25.115 Application for earth station authorizations.
(a) Transmitting earth stations. Except as provided under 25.113(b)
of this chapter, Commission authorization must be obtained for
authority to construct and/or operate a transmitting earth station.
Applications shall be filed on FCC Form 312, Main Form and Schedule B,
and include the information specified in Sec. 25.130. In cases where
an application is for a transmitting earth station facility that will
transmit in the 3700-4200MHz and 5925-6425 MHz band, and/or the 11.7-
12.2 GHz and 14.0-14.5 GHz band, and will meet all the applicable
technical specifications set forth in part 25 of this chapter, the
application must be filed electronically through the International
Bureau Filing System (IBFS). Applications for Earth Stations to Access
a Non-U.S. Satellite Not Currently Authorized to Provide the Proposed
Service in the Proposed Frequencies in the United States also must be
filed electronically through IBFS. Applications for other earth station
applications are permitted but not required to be filed electronically.
Any party choosing to file an earth station application electronically
must file in accordance with the applicable provisions of part 1,
subpart Y of this chapter.
* * * * *
0
8. Section 25.119 is amended by revising paragraphs (a), (c), and (d)
to read as follows:
Sec. 25.119 Assignment or transfer of control of station
authorization.
(a) You must file an application for Commission authorization
before you can transfer, assign, dispose of (voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity) your station license or accompanying
rights. The Commission will grant your application only if it finds
that doing so will serve the public interest, convenience and
necessity.
* * * * *
(c) Assignment of license. You must submit an FCC Form 312, Main
Form and Schedule A to voluntarily assign (e.g., as by contract or
other agreement) or involuntarily assign (e.g., as by death,
bankruptcy, or legal disability) your station authorization. You must
file these forms electronically through IBFS.
(d) Transfer of control of corporation holding license. If you want
to transfer control of a corporation, which holds one or more licenses
voluntarily or involuntarily (de jure or de facto), you must submit an
FCC Form 312, Main Form and Schedule A. You must file these forms
electronically through IBFS. For involuntary transfers, you must file
your application within 10 days of the event causing the transfer of
control. You can also use FCC Form 312, Main Form and Schedule A for
non-substantial (pro forma) transfers of control.
* * * * *
0
9. Section 25.130 is amended by revising paragraph (a) to read as
follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) If you want to apply for a new or modified transmitting earth
station facility, you must file FCC Form 312, Main Form, and Schedule
B. See Sec. 25.115 for the transmitting earth station applications
which must be filed electronically through IBFS versus those that are
permitted but not required to be filed electronically.
* * * * *
0
10. Section 25.131 is amended by revising paragraph (a) to read as
follows:
Sec. 25.131 Filing requirements for receive-only earth stations.
(a) If you want to apply for a license for a receive-only earth
station, you must file FCC Form 312, Main Form and Schedule B. You can
either file this application on paper or electronically through 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
11. The authority citation for part 63 continues to read as follows:
Authority: Sections 1, 4 (i), 4 (j), 10, 11, 201-205, 214, 218,
403 and 651 of the Communications Act of 1934 as amended, 47 U.S.C.
151, 154 (i), 154 (j), 160, 201-205, 214, 218, 403, and 571, unless
otherwise noted.
0
12. Section 63.11 is amended by redesignating paragraphs (g), (h), and
(i) as paragraphs (h), (i), and (j) and adding a new paragraph (g) to
read as follows:
Sec. 63.11 Notification by and prior approval for U.S. international
carriers that are or proposed to become affiliated with a foreign
carrier.
* * * * *
[[Page 29902]]
(g) You may file your notification by letter or by electronic form.
If you choose to notify the Commission electronically, the
International Bureau Filing System (IBFS) has a form that you can fill
out and file on the Internet. For additional information on IBFS filing
procedures, refer to the rules in part 1 of this chapter and the IBFS
homepage at http://www.fcc.gov/ibfs.
* * * * *
0
13. Section 63.18 is amended by revising the introductory text to read
as follows:
Sec. 63.18 Contents of applications for international common
carriers.
You may submit your formal application to the Commission either by
filing an electronic form via the Internet in IBFS or by submitting a
written request. The IBFS electronic form allows you to fill out
required information online and attach any additional information
required by this section. For information on filing your application
through IBFS, see part 1, subpart Y and Sec. 63.20 of this chapter,
and the IBFS homepage at http://www.fcc.gov/ibfs. Whether you file your
request through IBFS or in paper form, it must contain a statement
explaining how grant of the authorization will serve the public
interest, convenience and necessity. Such statement must consist of the
following information, as applicable:
* * * * *
0
14. Section 63.20 is amended by revising paragraph (a) to read as
follows:
Sec. 63.20 Electronic filing; copies required; fees, and filing
periods for international service providers.
(a) Electronic filing is voluntary at this time. However,
applicants are encouraged to file applications electronically on the
Internet through the International Bureau Filing System (IBFS). If you
file an application for international facilities and services under
Section 214 of the Communications Act of 1934, as amended, through IBFS
you are not required to send the original or any copies with your fee
payment. For information on filing your application through IBFS, see
part 1, subpart Y of this chapter, and the IBFS homepage at http://www.fcc.gov/ibfs.
If you file a paper application for international
facilities and services under Section 214 of the Communications Act of
1934 as amended, you must file an original and 5 copies. Upon request
by the Commission, additional copies of the application shall be
furnished. Each application shall be accompanied by the fee prescribed
in subpart G of part 1 of this chapter.
* * * * *
0
15. Section 63.25 is amended by revising paragraphs (b) and (d)(2) to
read as follows:
Sec. 63.25 Special provisions relating to temporary or emergency
service by international carriers.
* * * * *
(b) Requests for immediate authority for temporary service or for
emergency service may be made electronically on the Internet through
the International Bureau Filing System (IBFS), by letter, or by
telegram setting forth why such immediate authority is required, the
nature of the emergency, the type of facilities proposed to be used,
the route kilometers thereof, the terminal communities to be served,
and airline kilometers between such communities; how these points are
presently being served by the applicant or other carriers, the need for
the proposed service, the cost involved including any rentals, the date
on which the service is to begin, and where known, the date or
approximate date on which the service is to terminate. For information
on filing your request through IBFS, see part 1, subpart Y and Sec.
63.20 of this chapter, and the IBFS homepage at http://www.fcc.gov/ibfs
.
* * * * *
(d) * * *
(2) Such request may be made electronically on the Internet through
the International Bureau Filing System (IBFS), by letter, or by
telegram making reference to this paragraph and setting forth the
points between which applicant desires to operate facilities of other
carriers and the nature of the traffic to be handled. For information
on filing your request through IBFS, see part 1, subpart Y and Sec.
63.20 of this chapter, and the IBFS homepage at http://www.fcc.gov/ibfs
.
* * * * *
0
16. Section 63.51 is revised to read as follows:
Sec. 63.51 Additional information.
(a) You must provide additional information if the Commission
requests you to do so after it initially reviews your application or
request.
(b) If you do not respond to the request or other official
correspondence, the Commission may dismiss your application without
prejudice and you may file again with a completed application.
(c) You can submit additional information on paper or
electronically via e-mail.
0
17. Section 63.53 is amended by redesignating paragraphs (a) and (b) as
paragraphs (b) and (c), and adding a new paragraph (a) to read as
follows:
Sec. 63.53 Form.
(a)(1) Applications for international service under Section 214 of
the Communications Act may be filed electronically on the Internet
through the International Bureau Filing System (IBFS). For applications
filed through IBFS, you are not required to send the original or any
copies with your fee payment. For information on filing your
application through IBFS, see part 1, subpart Y of this chapter, and
the IBFS homepage at http://www.fcc.gov/ibfs.
(2) Applications under section 214 of the Communications Act that
are not filed through IBFS shall be submitted on paper not more than
21.6cm (8.5 in) wide and not more than 35.6 cm (14 in) long with a
left-hand margin of 4 cm (1.5 in). This requirement shall not apply to
original documents, or admissible copies thereof, offered as exhibits
or to specifically prepared exhibits. The impression shall be on one
side of the paper only and shall be double-spaced, except that long
quotations shall be single-spaced and indented. All papers, except
charts and maps, shall be typewritten or prepared by mechanical
processing methods, other than letter press, or printed. The foregoing
shall not apply to official publications. All copies must be clearly
legible.
* * * * *
0
18. Section 63.60 is amended by adding paragraph (d) to read as
follows:
Sec. 63.60 Definitions.
* * * * *
(d) You. In this section, ``You'' refers to applicants and
licensees.
0
19. Section 63.701 is amended by revising the introductory text to read
as follows:
Sec. 63.701 Contents of application.
Except as otherwise provided in this part, any party requesting
designation as a recognized private operating agency within the meaning
of the International Telecommunication Convention shall request such
designation. Such designation may be requested electronically on the
Internet through the International Bureau Filing System (IBFS) or by
paper. For information on filing your notification through IBFS, see
part 1, subpart Y, and the IBFS homepage at http://www.fcc.gov/ibfs. If
you file a paper application, file the original and two copies,
acknowledging that you must obey Article 6 of the ITU Constitution and
that you will obey the
[[Page 29903]]
mandatory provisions of the ITU Convention and the international
telecommunications regulations promulgated there under in all respects.
You must also include a statement illustrating that you know that
violations may result in the Commission issuing a cease and desist
order for future violations, and it may result in revocation of your
private operating agency status. This statement must include the
following information where it is applicable:
* * * * *
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
20. The Authority citation for part 64 continues to read as follows: 47
U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. L. 104-104, 110 Stat.
56. Interpret or apply 47 U.S.C. 201, 218, 225, 226, 228, and 254(k)
unless otherwise noted.
0
21. Section 64.1001 is amended by revising paragraph (b) to read as
follows:
Sec. 64.1001 International settlements policy and modification
requests.
* * * * *
(b) If your international settlement arrangement in the operating
agreement or amendment referred to in Sec. 43.51(e)(1) or (e)(2) of
this chapter differs from the arrangement in effect in the operating
agreement of another carrier that provides service to or from the same
foreign point, you must file a modification request under this section
unless the international route is exempt from the international
settlements policy under Sec. 43.51 (e)(3) of this chapter. If you
must file a modification request, you can either file electronically or
on paper. The electronic form requires you to submit the same
information that is required in the paper filing, specified in
paragraphs (c) and (d) of this section. A modification request may be
filed electronically on the Internet through the International Bureau
Filing System (IBFS) or by paper. For information on filing your
modification through IBFS, see part 1, subpart Y, and the IBFS homepage
at http://www.fcc.gov/ibfs.
* * * * *
[FR Doc. 04-11790 Filed 5-25-04; 8:45 am]
BILLING CODE 6712-01-P