[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Rules and Regulations]
[Pages 29894-29903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11790]


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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 [email protected] 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 
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 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