[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68471-68472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28138]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 15-170; FCC 15-135]


Radio Frequency Devices, FCC Form 740 Temporary Suspension

AGENCY: Federal Communications Commission.

ACTION: Final rule; temporary suspension.

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SUMMARY: This document temporarily waives the requirements of the 
Commission's rules that govern the submission of information associated 
with FCC Form 740 concerning imported Radio Frequency (RF) devices. 
U.S. Customs and Border Protection (CBP) is implementing a new 
electronic filing system which is scheduled to become fully operational 
by December 2016. In light of steps taken related to the transition to 
the new CBP system, parties importing RF devices will lose the ability 
to electronically file the required FCC information. The Commission 
does not believe that it would serve the public interest to establish 
an alternative means for importers to submit this information with us 
during the pendency of the rulemaking.

DATES: Effective December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering 
and Technology, (202) 418-2702.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 15-170, FCC 15-135, adopted October 16, 2015 and released 
October 19, 2015. The full text of this document is available on the 
Commission's Internet site at www.fcc.gov. It is also available for 
inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554.

Synopsis of the Suspension Order

    1. The Commission took action to temporarily waive the requirements 
in Sec. Sec.  2.1203 and 2.1205 of the Commission's rules that govern 
the submission of information in connection with imported Radio 
Frequency (RF) devices, effective July 1, 2016, through December 31, 
2016, for the following reasons:
    2. Section 2.1203 of the Commission's rules states that no RF 
device may be imported unless the importer or ultimate consignee (or 
their designated customs broker) declares that the device meets the 
conditions of entry set forth in our importation rules. Section 2.1205 
provides two ways to make this declaration. At ports of entry where 
electronic filing with the U.S. Customs and Border Protection (CBP) is 
not available, the importer completes FCC Form 740 and attaches a copy 
to its customs import papers. Where electronic customs filing is 
available, the importer may submit the information electronically as 
part of its entry documentation submission to CBP. Currently, nearly 
all submissions are made electronically through the CBP's Automated 
Commercial System (ACS), and very few paper filings are submitted.
    3. CBP is deploying a new electronic filing system, the Automated 
Commercial Environment (ACE), which will not have the capability for 
importers to submit the FCC-required Form 740 information 
electronically. FCC-related importation filings can continue to be 
submitted electronically

[[Page 68472]]

via ACS or paper until July 1, 2016. According to the current CBP 
schedule, as of July 1, 2016, CBP will no longer accept filings made 
via ACS.
    4. The Commission adopted a Notice of Proposed Rulemaking (NPRM) in 
the above-captioned proceedings to update the rules that govern the 
evaluation and approval of RF devices, 80 FR 46900 (August 6, 2015). In 
the NPRM, the Commission proposed to amend Sec.  2.1203 and remove 
Sec.  2.1205, thereby eliminating the declaration and associated filing 
requirements. While the ongoing rulemaking may ultimately result in the 
elimination, modification, or retention of the Sec. Sec.  2.1203 and 
2.1205 requirements, the overall rulemaking proceeding is quite complex 
and it is possible that the Commission will be unable to reach and 
publish a final determination before July 1, 2016, the date upon which 
CBP will no longer accept the electronic filing of FCC Form 740s via 
ACS.
    5. If the Commission retains or modifies the Form 740 information 
filing requirement, parties will be precluded from filing 
electronically after July 1, 2016 outside of the ACE system. The ACE 
system would have to be modified to render that system capable of 
accepting FCC Form 740s, which would require appreciable amount of time 
and expense and may not be able to be implemented by July 1. This would 
mean that for some period of time after July 1, all the Form 740 
filings would be made via paper. Such a result would be impractical. 
The Commission estimated that it would receive approximately 20,000 
such forms each week, with the same number of forms submitted to CBP. 
In addition, numerous importers would also have to file with FDA or 
other agencies that may regulate a given device. Given the 
circumstances, the Commission found that, absent a waiver, there would 
be significant burdens associated with the ACE implementation for Form 
740, for the CBP and FCC. If the Commission ultimately eliminates the 
Form 740 requirements, any efforts to modify ACE to accommodate Form 
740 will have been unnecessary. On the other hand, if the Commission 
determines to require the Form 740 information filing, the necessary 
changes to the ACE can be made at that time.
    6. The timing of the Commission's open proceeding also introduces 
considerable regulatory uncertainty for the importation community that 
further supports the need for a waiver. Based on discussions with 
manufacturers with considerable importation volumes and import brokers 
and brokers' associations, the Commission determined that it could take 
a number of months for the members of the importation community to 
tailor their existing documentation and related processes to any new 
importation regime--even one that lifts burdens. Accordingly, this 
community needs to know whether its members should begin making the 
necessary preparations for compliance with a paper-based regime in 
July, or whether they can continue using their existing processes with 
some assurance that they will not be expected to make a flash cut to a 
paper filing process come July.
    7. Section 1.3 of the Commission's rules provides that ``[a]ny 
provision of the rules may be waived by the Commission on its own 
motion or on petition if good cause therefor is shown.'' For the above 
stated reasons, the Commission found good cause to temporarily waive 
the above-described filing requirements in Sec. Sec.  2.1203 and 2.1205 
of the rules effective July 1, 2016, and extending for six months. 
Assuming that the waiver remains necessary as of July 1, the Commission 
anticipates that any difficulties associated with not gathering data 
through Form 740 will be relatively limited in time and scope. The 
Commission will work with CBP to draw on other data to satisfy any 
informational needs that are currently provided through the operation 
of Sec. Sec.  2.1203 and 2.1205. If the Commission decides to retain 
the requirement that importers submit some or all of the information 
required by Sec. Sec.  2.1203 and 2.1205, it will set forth appropriate 
revised filing procedures at that time. To the extent that a waiver 
remains necessary as of July 1, our action only affects the manner in 
which the Commission collects the information about imported RF 
equipment that is associated with the requirements of Sec. Sec.  2.1203 
and 2.1205. The general proscription against importation of non-
authorized equipment is unaffected and will remain fully in effect.
    8. For the foregoing reasons, the Commission will temporarily waive 
the requirements of Sec. Sec.  2.1203 and 2.1205, effective July 1, 
2016. The waiver will remain in effect through December 31, 2016. The 
Commission also delegated authority to the Office of Engineering and 
Technology to extend this date, but no later than the effective date of 
any decision regarding Sec. Sec.  2.1203 and 2.1205 in the NPRM 
proceeding.
    9. Pursuant to sections 1, 4(i), 301, 302, 303(e), 303(f), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
Sections 151, 154(i), 301, 302, 303(e), 303(f), and 303(r), and Section 
1.3 of the Commission's rules, 47 CFR Section 1.3, that Sec. Sec.  
2.1203 and 2.1205 of the Commission's rules and Regulations, ARE 
TEMPORARILY WAIVED, effective July 1, 2016, to the Federal 
Communications Commission.

Marlene Dortch,
Secretary.
[FR Doc. 2015-28138 Filed 11-4-15; 8:45 am]
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