International Bureau Seeks Comment on Standard Questions for Applicants Whose Applications Will Be Referred to the Executive Branch for Review Due to Foreign Ownership, 12312-12399 [2021-03410]
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III. Incorporation by Reference
In this document, the EPA is
proposing to amend regulatory text that
includes incorporation by reference.
The EPA is proposing to remove R18–
2–715(F)(2) and (H) as described in
Table 1 of this preamble from the
Arizona State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
proposed action merely proposes to
approve state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
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disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 18, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–03753 Filed 3–2–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 63
[IB Docket No. 16–155; DA 20–1545; FRS
17408]
International Bureau Seeks Comment
on Standard Questions for Applicants
Whose Applications Will Be Referred
to the Executive Branch for Review
Due to Foreign Ownership
Federal Communications
Commission.
ACTION: Proposed rules.
AGENCY:
In this document, the
International Bureau seeks comment on
a set of standardized national security
and law enforcement questions
(Standard Questions) that proponents of
certain applications and petitions
involving reportable foreign ownership
will be required to answer as part of the
application review process and whose
application and petition will be referred
to the Executive Branch.
DATES: Comments are due April 2, 2021.
Reply comments are due April 19, 2021.
ADDRESSES: You may submit comments,
identified by IB Docket No. 16–155, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://www.fcc.gov/
ecfs/.
SUMMARY:
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• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, 35 FCC Rcd 2788 (2020), https://
www.fcc.gov/document/fcc-closesheadquarters-open-window-andchanges-hand-delivery-policy.
People with Disabilities. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
In addition, filers should provide one
copy of each filing to each of the
following:
(1) Arthur Lechtman, Attorney,
Telecommunications and Analysis
Division, International Bureau, at
Arthur.Lechtman@fcc.gov, and
(2) David Krech, Associate Division
Chief, Telecommunications and
Analysis Division, International Bureau,
at David.Krech@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Arthur Lechtman, International Bureau,
Telecommunications and Analysis
Division, at (202) 418–1465. For
information regarding the Paperwork
Reduction Act (PRA) information
collection requirements contained in the
PRA, contact Cathy Williams, Office of
Managing Director, at (202) 418–2918 or
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Public Notice, DA 20–
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1545, released on December 30, 2020.
The full text of this document is
available on the Federal
Communications Commission’s website
at https://www.fcc.gov/document/
standard-questions-applicationsreferred-executive-branch.
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Supplemental Initial Regulatory
Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the International Bureau has
prepared a Supplemental Initial
Regulatory Flexibility Analysis
(Supplemental IRFA) of the possible
significant economic impact on small
entities of the proposals addressed in
this Public Notice to supplement the
Federal Communications Commission’s
(Commission) Final Regulatory
Flexibility Analyses completed in the
Executive Branch Review Order, 85 FR
76360 (Nov. 27, 2020).
Synopsis
By this Public Notice, the
International Bureau (Bureau) seeks
comment on a set of standardized
national security and law enforcement
questions (Standard Questions) that
proponents of certain applications and
petitions involving reportable foreign
ownership will be required to answer as
part of the review process. In the
Executive Branch Review Order, 1 the
Commission adopted rules and
procedures to facilitate a more
streamlined and transparent review
process for coordinating these
applications and petitions with the
Executive Branch agencies (the
Departments of Justice, Homeland
Security, Defense, State, and Commerce,
as well as the U.S. Trade
Representative) for any national
security, law enforcement, foreign
policy, or trade policy issues. The
Commission refers applications for
international section 214 authorizations
and submarine cable licenses and
applications to assign, transfer control
or modify such authorizations and
licenses where the applicant has
reportable foreign ownership, and all
petitions for section 310(b) foreign
ownership rulings.
To expedite the Executive Branch
agencies’ review of such applications
and petitions, applicants and petitioners
will provide responses to the Standard
Questions directly to the Committee for
1 Process Reform for Executive Branch Review of
Certain FCC Applications and Petitions Involving
Foreign Ownership, IB Docket No. 16–155, Report
and Order, 85 FR 76360 Nov. 27, 2020, 35 FCC Rcd
10927 (2020) (Executive Branch Review Order);
Erratum (Appendix B—Final Rules), 35 FCC Rcd
13164 (OMD/IB 2020).
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the Assessment of Foreign Participation
in the United States
Telecommunications Services Sector
(Committee) prior to or at the same time
that they file applications or petitions
with the Commission. The Commission
adopted five categories of information to
be provided by an applicant or
petitioner: (1) Corporate structure and
shareholder information; (2)
relationships with foreign entities; (3)
financial condition and circumstances;
(4) compliance with applicable laws and
regulations; and (5) business and
operational information, including
services to be provided and network
infrastructure. The Commission directed
the International Bureau (Bureau) to
develop, solicit comment on, and make
available on a publicly available website
the Standard Questions that will elicit
the information needed by the
Committee within those categories of
information. The Bureau will also
maintain and update the Standard
Questions, as needed.
We seek comment on the Standard
Questions set out in each of the
following Appendices, which are
identified by the type of application or
petition. The Standard Questions are
based upon current questionnaires used
by the Committee to obtain information
from applicants and petitioners.
• Appendix A—Standard Questions
for an International Section 214
Authorization Application. Standard
Questions for an international section
214 authorization application filed
pursuant to 47 CFR 63.18, including a
modification of an existing
authorization;
• Appendix B—Standard Questions
for an Application for an Assignment or
Transfer of Control of an International
Section 214 Authorization. Standard
Questions for an assignment or transfer
of control of an international section
214 authorization application filed
pursuant to 47 CFR 63.24;
• Appendix C—Standard Questions
for Submarine Cable Landing License
Application. Standard Questions for a
cable landing license application filed
pursuant to 47 CFR 1.767 including a
modification of an existing license;
• Appendix D—Standard Questions
for an Application for Assignment or
Transfer of Control of a Submarine
Cable Landing License. Standard
Questions for an assignment or transfer
of control of a cable landing license
application filed pursuant to 47 CFR
1.767;
• Appendix E—Standard Questions
for Section 310(b) Petition for
Declaratory Ruling Involving a
Broadcast Licensee. Standard Questions
for a petition for declaratory ruling for
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foreign ownership in a broadcast
licensee above the benchmark in section
310(b)(4) of the Communications Act
(the Act) filed pursuant to 47 CFR
1.5000–1.5004;
• Appendix F—Standard Questions
for Section 310(b) Petition for
Declaratory Ruling Involving a Common
Carrier Wireless or Common Carrier
Earth Station Licensee. Standard
Questions for a petition for declaratory
ruling for foreign ownership in a
common carrier wireless or common
carrier earth station licensee above the
benchmarks in section 310(b)(3) or
310(b)(4) of the Act filed pursuant to 47
CFR 1.5000–1.5004; and
• Appendix G—Personally
Identifiable Information (PII)
Supplement. All of the Standard
Questions reference this supplement to
assist the Committee in identifying PII.
We seek comment on the questions in
each of the Appendices. If needed, to
help clarify the questions for applicants
and petitioners, we ask that commenting
parties provide specific suggested
changes to the language of the
questions. We seek comment on
whether there are questions that are not
necessary or if there are any questions
that we should include to help expedite
the review process. We ask parties for
comment on the definitions of key terms
that are used in the Appendices, such as
‘‘corporate officers’’ and ‘‘senior-level’’
officers as well as ‘‘remote access’’ and
‘‘managed services.’’ We seek comment
on how often, and under what
circumstances, the Bureau should
reevaluate the Standard Questions.
Finally, we seek comment on how long
it would take applicants to fill out each
questionnaire.
After we review and consider the
comments received on the Standard
Questions, we will issue an Order
addressing the comments and will seek
approval for the Standard Questions
under the Paperwork Reduction Act. We
will issue a Public Notice informing the
public of the effective date of the
Standard Questions. Following Public
Notice of the effective date, the
Standard Questions will be made
available on the Commission’s website
and all parties filing applications or
petitions subject to Executive Branch
referral will be required to submit
answers to the Standard Questions to
the Committee prior to or at the same
time that they file the application or
petition with the Commission. Until
that time, the Committee will continue
to send its own questions to the
applicant or petitioner upon the
Commission’s referral of the application
or petition.
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Supplemental Initial Regulatory
Flexibility Analysis
Pursuant to the Regulatory Flexibility
Act of 1980, as amended (RFA),2 we
have prepared this Supplemental Initial
Regulatory Flexibility Analysis
(Supplemental IRFA) of the possible
significant economic impact on small
entities of the proposals addressed in
this Public Notice to supplement the
Commission’s Final Regulatory
Flexibility Analyses completed in the
Executive Branch Review Order.3
Written public comments are requested
on this Supplemental IRFA. Comments
must be identified as responses to the
Supplemental IRFA and must be filed
by the same deadline for comments
specified on the first page of this Public
Notice. We will send a copy of this
Public Notice, including this
Supplemental IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).4
This Public Notice sets forth the
specific proposed ‘‘Standard Questions’’
for applications and petitions prescribed
by the Executive Branch Review Order.
As noted in the Initial and Final
Regulatory Flexibility Analyses
associated with that proceeding,
standardizing these questions should
improve the timeliness and
transparency of the Executive Branch
review process, thereby lessening the
burden on all applicants and
petitioners, including small entities.
That order specified that the Standard
Questions should include the following
categories of information: (1) Corporate
U.S.C. 603. The RFA, 5 U.S.C. 601–612, has
been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, Public Law 104–
121, 110 Stat. 857 (1996).
3 Executive Branch Review Order, 35 FCC Rcd at
10990–11000, App. C.
4 See 5 U.S.C. 603(a).
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structure and shareholder information;
(2) relationships with foreign entities;
(3) financial condition and
circumstances; (4) compliance with
applicable laws and regulations; and (5)
business and operational information,
including services to be provided and
network infrastructure. The proposed
Standard Questions constitute the more
specific implementation of the
requirements set forth in the Executive
Branch Review Order and are fully
consistent therewith, and as directed by
the Commission in that order take due
account of the sample questions
previously made available in this docket
and the comments provided to the
Commission thereon. Initial and Final
Regulatory Flexibility Analyses were
incorporated into the Executive Branch
Review Order and the notice of
proposed rulemaking associated with
that order. In this Public Notice, we
hereby incorporate by reference the
descriptions and estimates of the
number of small entities, as well as the
associated analyses, set forth therein.
A copy of this Public Notice,
including the Supplemental Initial
Regulatory Flexibility Analysis, shall be
sent to the Chief Counsel for Advocacy
of the Small Business Administration.
Ex Parte Information
This proceeding shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
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presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with section
1.1206(b) of the Commission’s rules. In
proceedings governed by section 1.49(f)
of the Commission’s rules or for which
the Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Federal Communications Commission
Troy Tanner,
Deputy Chief, International Bureau.
Note: The following appendices will not
appear in the Code of Federal Regulations.
BILLING CODE 6712–01–P
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[FR Doc. 2021–03410 Filed 3–2–21; 8:45 am]
BILLING CODE 6712–01–C
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 9
[PS Docket Nos. 20–291 and 09–14; FCC
21–25; FRS 17515]
911 Fee Diversion; New and Emerging
Technologies 911 Improvement Act of
2008
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission (the FCC
or Commission) proposes rules to
implement the Don’t Break Up the TBand Act of 2020, which is Section 902
of the Consolidated Appropriations Act,
2021, Division FF, Title IX (Section
902). Section 902 directs the
Commission to issue final rules, not
later than 180 days after the date of
enactment of Section 902, designating
the uses of 911 fees by states and taxing
jurisdictions that constitute 911 fee
diversion for purposes of certain
sections of the United States Code, as
amended by Section 902. The intended
effect of this notice of proposed
rulemaking (NPRM) is to propose rules
that implement Section 902 and help to
identify those uses of 911 fees by states
and other jurisdictions that support the
provision of 911 services.
DATES: Comments are due on or before
March 23, 2021, and reply comments
are due on or before April 2, 2021.
ADDRESSES: You may submit comments,
identified by PS Docket Nos. 20–291
and 09–14, by any of the following
methods:
• Federal Communications
Commission’s website: https://
www.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• Mail: Parties who choose to file by
paper must file an original and one copy
of each filing. If more than one docket
or rulemaking number appears in the
caption of this proceeding, filers must
submit two additional copies for each
additional docket or rulemaking
number. Filings can be sent by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050
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SUMMARY:
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Jkt 253001
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020),
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Brenda Boykin, Attorney Advisor,
Policy and Licensing Division, Public
Safety and Homeland Security Bureau,
(202) 418–2062, Brenda.Boykin@fcc.gov,
or John A. Evanoff, Deputy Division
Chief, Policy and Licensing Division,
Public Safety and Homeland Security
Bureau, (202) 418–0848, John.Evanoff@
fcc.gov.
This is a
summary of the Commission’s notice of
proposed rulemaking (NPRM), FCC 21–
25, in PS Docket Nos. 20–291 and 09–
14, adopted and released on February
17, 2021. The full text of this document
is available at https://www.fcc.gov/
edocs/searchresults?t=quick&fccdaNo=21-25.
SUPPLEMENTARY INFORMATION:
Initial Paperwork Reduction Act of
1995 Analysis
This notice of proposed rulemaking
may contain new or modified
information collection(s) subject to the
Paperwork Reduction Act of 1995
(PRA). If the Commission adopts any
new or modified information collection
requirements, they will be submitted to
the Office of Management and Budget
(OMB) for review under section 3507(d)
of the PRA. OMB, the general public,
and other Federal agencies will be
invited to comment on the new or
modified information collection
requirements contained in this
proceeding. In addition, pursuant to the
Small Business Paperwork Relief Act of
2002, we seek specific comment on how
we might further reduce the information
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12399
collection burden for small business
concerns with fewer than 25 employees.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated in the DATES
section above. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS). See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(1998), https://transition.fcc.gov/
Bureaus/OGC/Orders/1998/
fcc98056.pdf.
The Commission will treat this
proceeding as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within 2 business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
§ 1.1206(b). In proceedings governed by
rule § 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
E:\FR\FM\03MRP1.SGM
03MRP1
Agencies
[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Proposed Rules]
[Pages 12312-12399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03410]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 63
[IB Docket No. 16-155; DA 20-1545; FRS 17408]
International Bureau Seeks Comment on Standard Questions for
Applicants Whose Applications Will Be Referred to the Executive Branch
for Review Due to Foreign Ownership
AGENCY: Federal Communications Commission.
ACTION: Proposed rules.
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SUMMARY: In this document, the International Bureau seeks comment on a
set of standardized national security and law enforcement questions
(Standard Questions) that proponents of certain applications and
petitions involving reportable foreign ownership will be required to
answer as part of the application review process and whose application
and petition will be referred to the Executive Branch.
DATES: Comments are due April 2, 2021. Reply comments are due April 19,
2021.
ADDRESSES: You may submit comments, identified by IB Docket No. 16-155,
by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19.
See FCC Announces Closure of FCC Headquarters Open Window and
Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020),
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
In addition, filers should provide one copy of each filing to each
of the following:
(1) Arthur Lechtman, Attorney, Telecommunications and Analysis
Division, International Bureau, at [email protected], and
(2) David Krech, Associate Division Chief, Telecommunications and
Analysis Division, International Bureau, at [email protected].
FOR FURTHER INFORMATION CONTACT: Arthur Lechtman, International Bureau,
Telecommunications and Analysis Division, at (202) 418-1465. For
information regarding the Paperwork Reduction Act (PRA) information
collection requirements contained in the PRA, contact Cathy Williams,
Office of Managing Director, at (202) 418-2918 or
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, DA
20-
[[Page 12313]]
1545, released on December 30, 2020. The full text of this document is
available on the Federal Communications Commission's website at https://www.fcc.gov/document/standard-questions-applications-referred-executive-branch.
Supplemental Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the International Bureau has prepared a Supplemental Initial
Regulatory Flexibility Analysis (Supplemental IRFA) of the possible
significant economic impact on small entities of the proposals
addressed in this Public Notice to supplement the Federal
Communications Commission's (Commission) Final Regulatory Flexibility
Analyses completed in the Executive Branch Review Order, 85 FR 76360
(Nov. 27, 2020).
Synopsis
By this Public Notice, the International Bureau (Bureau) seeks
comment on a set of standardized national security and law enforcement
questions (Standard Questions) that proponents of certain applications
and petitions involving reportable foreign ownership will be required
to answer as part of the review process. In the Executive Branch Review
Order, \1\ the Commission adopted rules and procedures to facilitate a
more streamlined and transparent review process for coordinating these
applications and petitions with the Executive Branch agencies (the
Departments of Justice, Homeland Security, Defense, State, and
Commerce, as well as the U.S. Trade Representative) for any national
security, law enforcement, foreign policy, or trade policy issues. The
Commission refers applications for international section 214
authorizations and submarine cable licenses and applications to assign,
transfer control or modify such authorizations and licenses where the
applicant has reportable foreign ownership, and all petitions for
section 310(b) foreign ownership rulings.
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\1\ Process Reform for Executive Branch Review of Certain FCC
Applications and Petitions Involving Foreign Ownership, IB Docket
No. 16-155, Report and Order, 85 FR 76360 Nov. 27, 2020, 35 FCC Rcd
10927 (2020) (Executive Branch Review Order); Erratum (Appendix B--
Final Rules), 35 FCC Rcd 13164 (OMD/IB 2020).
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To expedite the Executive Branch agencies' review of such
applications and petitions, applicants and petitioners will provide
responses to the Standard Questions directly to the Committee for the
Assessment of Foreign Participation in the United States
Telecommunications Services Sector (Committee) prior to or at the same
time that they file applications or petitions with the Commission. The
Commission adopted five categories of information to be provided by an
applicant or petitioner: (1) Corporate structure and shareholder
information; (2) relationships with foreign entities; (3) financial
condition and circumstances; (4) compliance with applicable laws and
regulations; and (5) business and operational information, including
services to be provided and network infrastructure. The Commission
directed the International Bureau (Bureau) to develop, solicit comment
on, and make available on a publicly available website the Standard
Questions that will elicit the information needed by the Committee
within those categories of information. The Bureau will also maintain
and update the Standard Questions, as needed.
We seek comment on the Standard Questions set out in each of the
following Appendices, which are identified by the type of application
or petition. The Standard Questions are based upon current
questionnaires used by the Committee to obtain information from
applicants and petitioners.
Appendix A--Standard Questions for an International
Section 214 Authorization Application. Standard Questions for an
international section 214 authorization application filed pursuant to
47 CFR 63.18, including a modification of an existing authorization;
Appendix B--Standard Questions for an Application for an
Assignment or Transfer of Control of an International Section 214
Authorization. Standard Questions for an assignment or transfer of
control of an international section 214 authorization application filed
pursuant to 47 CFR 63.24;
Appendix C--Standard Questions for Submarine Cable Landing
License Application. Standard Questions for a cable landing license
application filed pursuant to 47 CFR 1.767 including a modification of
an existing license;
Appendix D--Standard Questions for an Application for
Assignment or Transfer of Control of a Submarine Cable Landing License.
Standard Questions for an assignment or transfer of control of a cable
landing license application filed pursuant to 47 CFR 1.767;
Appendix E--Standard Questions for Section 310(b) Petition
for Declaratory Ruling Involving a Broadcast Licensee. Standard
Questions for a petition for declaratory ruling for foreign ownership
in a broadcast licensee above the benchmark in section 310(b)(4) of the
Communications Act (the Act) filed pursuant to 47 CFR 1.5000-1.5004;
Appendix F--Standard Questions for Section 310(b) Petition
for Declaratory Ruling Involving a Common Carrier Wireless or Common
Carrier Earth Station Licensee. Standard Questions for a petition for
declaratory ruling for foreign ownership in a common carrier wireless
or common carrier earth station licensee above the benchmarks in
section 310(b)(3) or 310(b)(4) of the Act filed pursuant to 47 CFR
1.5000-1.5004; and
Appendix G--Personally Identifiable Information (PII)
Supplement. All of the Standard Questions reference this supplement to
assist the Committee in identifying PII.
We seek comment on the questions in each of the Appendices. If
needed, to help clarify the questions for applicants and petitioners,
we ask that commenting parties provide specific suggested changes to
the language of the questions. We seek comment on whether there are
questions that are not necessary or if there are any questions that we
should include to help expedite the review process. We ask parties for
comment on the definitions of key terms that are used in the
Appendices, such as ``corporate officers'' and ``senior-level''
officers as well as ``remote access'' and ``managed services.'' We seek
comment on how often, and under what circumstances, the Bureau should
reevaluate the Standard Questions. Finally, we seek comment on how long
it would take applicants to fill out each questionnaire.
After we review and consider the comments received on the Standard
Questions, we will issue an Order addressing the comments and will seek
approval for the Standard Questions under the Paperwork Reduction Act.
We will issue a Public Notice informing the public of the effective
date of the Standard Questions. Following Public Notice of the
effective date, the Standard Questions will be made available on the
Commission's website and all parties filing applications or petitions
subject to Executive Branch referral will be required to submit answers
to the Standard Questions to the Committee prior to or at the same time
that they file the application or petition with the Commission. Until
that time, the Committee will continue to send its own questions to the
applicant or petitioner upon the Commission's referral of the
application or petition.
[[Page 12314]]
Supplemental Initial Regulatory Flexibility Analysis
Pursuant to the Regulatory Flexibility Act of 1980, as amended
(RFA),\2\ we have prepared this Supplemental Initial Regulatory
Flexibility Analysis (Supplemental IRFA) of the possible significant
economic impact on small entities of the proposals addressed in this
Public Notice to supplement the Commission's Final Regulatory
Flexibility Analyses completed in the Executive Branch Review Order.\3\
Written public comments are requested on this Supplemental IRFA.
Comments must be identified as responses to the Supplemental IRFA and
must be filed by the same deadline for comments specified on the first
page of this Public Notice. We will send a copy of this Public Notice,
including this Supplemental IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA).\4\
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\2\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
Public Law 104-121, 110 Stat. 857 (1996).
\3\ Executive Branch Review Order, 35 FCC Rcd at 10990-11000,
App. C.
\4\ See 5 U.S.C. 603(a).
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This Public Notice sets forth the specific proposed ``Standard
Questions'' for applications and petitions prescribed by the Executive
Branch Review Order. As noted in the Initial and Final Regulatory
Flexibility Analyses associated with that proceeding, standardizing
these questions should improve the timeliness and transparency of the
Executive Branch review process, thereby lessening the burden on all
applicants and petitioners, including small entities. That order
specified that the Standard Questions should include the following
categories of information: (1) Corporate structure and shareholder
information; (2) relationships with foreign entities; (3) financial
condition and circumstances; (4) compliance with applicable laws and
regulations; and (5) business and operational information, including
services to be provided and network infrastructure. The proposed
Standard Questions constitute the more specific implementation of the
requirements set forth in the Executive Branch Review Order and are
fully consistent therewith, and as directed by the Commission in that
order take due account of the sample questions previously made
available in this docket and the comments provided to the Commission
thereon. Initial and Final Regulatory Flexibility Analyses were
incorporated into the Executive Branch Review Order and the notice of
proposed rulemaking associated with that order. In this Public Notice,
we hereby incorporate by reference the descriptions and estimates of
the number of small entities, as well as the associated analyses, set
forth therein.
A copy of this Public Notice, including the Supplemental Initial
Regulatory Flexibility Analysis, shall be sent to the Chief Counsel for
Advocacy of the Small Business Administration.
Ex Parte Information
This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with section 1.1206(b) of the Commission's rules.
In proceedings governed by section 1.49(f) of the Commission's rules or
for which the Commission has made available a method of electronic
filing, written ex parte presentations and memoranda summarizing oral
ex parte presentations, and all attachments thereto, must be filed
through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml,
.ppt, searchable .pdf). Participants in this proceeding should
familiarize themselves with the Commission's ex parte rules.
Federal Communications Commission
Troy Tanner,
Deputy Chief, International Bureau.
Note: The following appendices will not appear in the Code of
Federal Regulations.
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[FR Doc. 2021-03410 Filed 3-2-21; 8:45 am]
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