[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1330]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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FEDERAL COMMUNICATIONS COMMISSION
[DA 93-1574]

 

Private Land Mobile Radio Services; Electronics Filing of 
Applications

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Chief, Private Radio Bureau released this Order 
establishing procedural requirements for application signatures in all 
private radio services. The Private Radio Bureau will issue Public 
Notices to inform applicants as electronic filing becomes available in 
each service.

EFFECTIVE DATE: January 20, 1994.

FOR FURTHER INFORMATION CONTACT:
Consumer Assistance, Private Radio Bureau, Licensing Division, 
Gettysburg, PA (717) 337-1212.

SUPPLEMENTARY INFORMATION:

Order

    Adopted: December 27, 1993; Released: January 6, 1994.

    By the Chief, Private Radio Bureau:

    1. On April 1, 1993, the Commission adopted an order amending its 
rules to allow electronic filing of applications in the Private Radio 
Services. Order, 8 FCC Rcd 2662 (1993).\1\ At that time the Commission 
continued the requirement that a handwritten signature accompany all 
applications until the Private Radio Bureau establishes procedures for 
the electronic filing of applications by ``Public Notice in the Federal 
Register, modified application forms, and other published procedures.'' 
8 FCC Rcd at 2662, para. 7.
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    \1\The Commission was authorized to so amend its rules by an act 
of Congress amending the Communications Act of 1934. 
Telecommunications Authorization Act of 1992, Public Law 102-538, 
106 Stat. 3533 (1992), Section 204.
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    2. The Private Radio Bureau is developing procedural requirements 
for the electronic filing of applications in the Private Radio 
Services. Certain procedures are already in place, and approximately 
7,000 applications have been filed electronically. This order 
establishes procedural requirements for application signatures in all 
private radio services pursuant to the authority delegated to the 
Private Radio Bureau in 47 CFR 1.913(e). See also, 47 CFR 90.125, 94.29 
and 95.87. We will publish Public Notices to inform applicants as 
electronic filing becomes available in each service.
    3. If the applicant is an individual, the signature on an 
electronically filed application will consist of the electronic 
equivalent of the typed name of the individual. If the applicant is a 
partnership, the signature will consist of the electronic equivalent of 
the typed name of a partner. If the applicant is a corporation, the 
signature will consist of the electronic equivalent of the typed name 
of an officer, a director, or a duly authorized employee of the 
corporation. If the applicant is an unincorporated association, the 
signature will consist of the electronic equivalent of a member who is 
an officer. The signature of an applicant who is an eligible 
governmental entity, such as states and territories of the United 
States, political subdivisions thereof, the District of Columbia, and 
units of local governments, including unincorporated municipalities, 
will be the electronic equivalent of the typed signature of such duly 
elected or appointed officials as may be competent to bind the 
governmental entity under the laws of the applicable jurisdiction.
    4. This requirement follows from the requirements of Sec. 1.913 of 
our rules, 47 CFR 1.913. Commission precedent and policy regarding 
individuals satisfying the requirements contained in Sec. 1.913 
regarding who may sign for various applicants are fully applicable 
(e.g., who may sign for limited partnerships, trusts, hybrid entities).
    5. The procedure adopted today will eliminate the requirement that 
a paper application be filed in addition to the electronically filed 
application for these applications that can be filed electronically. An 
electronic signature submitted according to these procedures will 
designate the individual, authorized to bind the applicant, who is 
certifying to the accuracy of the information contained in the 
application\2\ and who is certifying that no party to the application 
has been denied benefits pursuant to section 5301 of the Anti-Drug 
Abuse Act of 1988, 21 U.S.C. 862. (For the definition of ``party'' see 
47 CFR 1.2002(b).) By signing in this fashion, applicants accept and 
agree to comply with the limits and conditions associated with licenses 
contained in the Communications Act of 1934, as amended, and the 
Commission's rules.\3\ Applicants also agree to be bound in the same 
manner as if they had submitted a handwritten signature on a printed 
application form.
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    \2\Willful false statements made in an application are 
punishable by fine and/or imprisonment. 18 U.S.C. 1001.
    \3\Applicants and licensees are reminded that licenses confer 
the right to use channels of radio transmission, but do not confer 
ownership thereof, even for limited periods of time; and that 
licenses do not create any right, beyond the terms, conditions, and 
periods of the license. See, 47 U.S.C. 301.
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Conclusion

    6. Because the changes adopted today relate solely to procedure, 
they are exempt from the notice and comment requirements of the 
Administrative Procedures Act, 5 U.S.C. 553(b). We are expanding the 
filing options available to applicants in the private radio services 
without creating additional burdens.\4\ The procedures established 
today are effective immediately upon publication in the Federal 
Register. 5 U.S.C. 553(d)(3); 47 CFR 1.427(b).
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    \4\Initially, electronic filing is intended only for non-
sensitive, public information. Material filed with requests for 
confidentiality, see 47 CFR 0.457, must be submitted on paper.
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    7. For further information regarding this order, contact the 
Consumer Assistance Branch, Federal Communications Commission, 1270 
Fairfield Road, Gettysburg, PA at (717) 337-1212.
    8. So ordered.

Federal Communications Commission.
Ralph A. Haller,
Chief, Private Radio Bureau.
[FR Doc. 94-1330 Filed 1-19-94; 8:45 am]
BILLING CODE 6712-01-M