[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65638-65642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22934]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-1039]


Elimination of Certain System-Generated Paper Correspondence 
Notices as Initial Step Toward Providing Electronic Access to 
Correspondence Notices

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Wireless Telecommunications Bureau and 
Public Safety and Homeland Security Bureau (Bureaus) announce the 
elimination of certain paper correspondence notices related to 
applications, licenses, and antenna structure registrations currently 
generated by the Commission's Universal Licensing System and Antenna 
Structure Registration System.

DATES: Effective September 23, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Bucher at (717) 338-2656 or via 
email at [email protected] or Cyndi Thomas at (202) 418-2018 or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Bureaus' Public 
Notice (Notice), DA 16-1039, released on September 14, 2016. The 
complete text of this document is available for viewing via the 
Commission's EDOCS Web site by entering the DA number, DA 16-1039. The 
complete text of the document is also available for public inspection 
and copying during business hours at the FCC Reference Information 
Center on the Court Yard Level (Room CY-A257), 445 12th Street SW., 
Washington, DC (telephone 202-418-0270; TTY 202-418-2555). Alternate 
formats of this Public Notice (computer diskette, large print, audio 
recording, and Braille) are available to persons with disabilities by 
contacting the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY), or by sending an email to [email protected].
    In the Notice, the Wireless Telecommunications Bureau (WTB) and the 
Public Safety and Homeland

[[Page 65639]]

Security Bureau (PSHSB) (collectively ``Bureaus'') announce the 
elimination of certain paper correspondence notices related to 
applications, licenses, and antenna structure registrations currently 
generated by the Commission's Universal Licensing System (ULS) and 
Antenna Structure Registration (ASR) System and mailed to system users 
through the U.S. Postal Service. This action marks another step in the 
Commission's process reform efforts, which recommended eliminating 
paper copies of correspondence, and allows the Bureaus to streamline 
the Commission's wireless service licensing and antenna structure 
registration processes, in advance of the transition of initial 
services to a modernized ULS platform. The action also builds on 
earlier efforts to transition from paper to electronic records in the 
context of official authorizations issued in ULS and ASR.
    The paper correspondence notices that the Bureaus are eliminating 
provide information about Bureau actions that do not require a response 
from a system user and the information from those notices is available 
by other means in either ULS or the ASR System. Taking this step now--
reducing the number of notices generated by the Commission's systems--
will save money in terms of staff resources, paper supplies, and 
mailing costs. The Bureaus are not eliminating certain paper notices 
that provide information about Commission actions or approaching 
deadlines that require action from the system user. As explained in the 
Notice, the Commission ultimately anticipates providing electronic 
access to these system-generated correspondence notices with the 
transition to the modernized ULS platform.
    By this Notice, as discussed in detail below, the Bureaus announce 
the following actions with respect to system-generated notifications:
     Effective upon publication of this Notice in the Federal 
Register, the Bureaus eliminate seven ULS-generated correspondence 
notices from ULS, and those notices will not be migrated to the 
Commission's new wireless licensing system. The Bureaus eliminate seven 
ASR-generated correspondence notices from the ASR System.
     The Bureaus retain 15 ULS-generated correspondence notices 
in ULS. These notices will also be migrated to the Commission's new 
wireless licensing system with each service as the service is deployed 
in the new system. The Bureaus retain three ASR-generated 
correspondence notices.
     The Bureaus retain the ULS-generated license cancellation 
notice in ULS, but that notice will not be migrated to the Commission's 
new licensing system. Electronic safeguards will be implemented in the 
new licensing system to help prevent licensees from inadvertently 
cancelling a license.
    The new procedures become effective upon publication of this Notice 
in the Federal Register. For promulgating ``rules of agency 
organization, procedure, or practice''--so-called ``procedural 
rules''--Section 4 of the Administrative Procedure Act (APA) exempts 
agencies like the Federal Communications Commission from the general 
APA requirements to provide the public with advance notice and 
opportunity for comment. 5 U.S.C. 553(b)(A). Section 3(a) of the APA 
requires agencies to publish their ``rules of procedure'' in the 
Federal Register, 5 U.S.C. 552(a)(1)(C), and Section 4(d) generally 
requires an agency to publish its substantive rules 30 days prior to 
the date on which the rules become effective, id. Sec.  553(d). Because 
Section 4(d) expressly applies to substantive rules and not to 
procedural rules, the requirement to publish the new procedures with 
respect to system-generated correspondence notices 30 days before those 
procedures become effective is inapplicable in this proceeding.

Background

    The Commission implemented ULS and the ASR System nearly 20 years 
ago to facilitate electronic filing for all wireless licensing and 
antenna structure registration applications as well as electronic 
access to authorizations. The systems also improve data accuracy 
through automated checking of applications and enhanced electronic 
access to license and registration database information. In fact, the 
two systems receive hundreds of thousands of applications 
electronically each year and the systems currently store over two 
million active authorizations. To facilitate communication between the 
Commission and system users with regard to the status of applications 
and authorizations, the Commission developed several notices that the 
systems generate. Correspondence notices are generated from forms that 
are assigned FCC Form numbers. Notices are assigned form numbers 
depending on whether they are generated for WTB services (600 series 
forms) or PSHSB services (1400 series forms). Notices that are being 
eliminated are listed in Attachment A and notices that are being 
retained are listed in Attachment B to this Notice. Currently, ULS 
generates 23 correspondence notices and the ASR System generates 10 
correspondence notices.
    These system-generated notices provide a range of information. Once 
an application is filed, ULS or the ASR System may generate notices 
ranging from a notice stating that the application has been received to 
a notice dismissing the application, which could result in termination 
of an authorization. Both systems also generate notices from data 
associated with authorizations, e.g., notices reminding licensees and 
registrants of approaching construction deadlines. Notices may include 
automated system messages or individual messages manually drafted by 
Commission staff, depending on the reason for generating a notice. Each 
notice is then printed on paper, placed in a postage-paid envelope, and 
mailed through the U.S. Postal System to system users. In some cases, a 
paper copy of the same notice is mailed to as many as three individuals 
or entities.

Discussion

Electronic Access to Correspondence Notices

    To implement the FCC Process Reform recommendation to eliminate 
paper copies of correspondence, the Commission anticipates using a 
multi-phased process for reducing the overall number of notices 
generated by its wireless licensing and antenna structure registration 
systems, and for moving toward options that would allow system users 
electronic access to system-generated correspondence notices. The first 
step in this process is addressed by this Notice and affects ULS and 
the ASR System. Further steps in the process toward electronic access, 
for licensing, would be implemented in the Commission's new wireless 
service licensing system.
    As the Commission concluded in adopting final procedures for 
electronic access to official authorizations in both ULS and the ASR 
System, given the ease of access to the Internet, the ubiquitous 
availability of electronic documents, and the high adoption rate by 
consumers of electronic delivery of many other documents, as well as 
the near-term deployment of the Commission's new wireless licensing 
system, the Bureaus believe that the time is appropriate for moving 
toward modernizing the treatment of system-generated correspondence. 
Reducing the number of notices generated by the Commission's systems 
and moving to electronic access will save money in terms of staff 
resources, paper supplies, and mailing costs. Over the three-year 
period 2013-2015, ULS and the ASR

[[Page 65640]]

System together generated 708,940 correspondence notices that were each 
printed on paper, placed in a postage-paid envelope, and mailed through 
the U.S. Postal Service. The Bureaus also anticipate that making the 
correspondence notices available electronically will eliminate the risk 
of a notice getting lost or damaged in delivery.
    The Bureaus initiate the Commission's phased-in process toward 
electronic access by first eliminating seven ULS-generated and seven 
ASR-generated correspondence notices. With respect to the remaining 
correspondence notices, as services are deployed in the new wireless 
licensing system, the Bureaus will initially continue the current 
process of mailing licensing system-generated notices to recipients 
through the U.S. Postal Service. After some or all services have been 
deployed in the new licensing system, the Commission anticipates 
reviewing options for allowing applicants and licensees electronic 
access to notices generated by that new system. The Commission also 
anticipates reviewing options for allowing applicants and registrants 
electronic access to ASR-generated notices. Finally, while we are 
eliminating a number of existing notices, the new wireless licensing 
system presents an opportunity for developing new electronic 
notifications that could provide information formerly included in 
eliminated notices, as well as other information not currently provided 
by ULS or the ASR System.

Notices Eliminated

    All of the correspondence notices that the Bureaus are eliminating 
provide information about Bureau actions that do not require a response 
from a system user. In particular, because the information provided in 
these notices is readily available by some other means in either ULS or 
the ASR System, or because the reasons for initially developing the 
notices are no longer supported, we eliminate seven notices from ULS 
and seven notices from the ASR System. Some notices simply acknowledge 
that the systems have received an application. The Bureaus find this 
information redundant because today, an applicant can check ULS or the 
ASR System within a few days of filing an application to confirm that 
the relevant system has received the application.
    ULS also generates notices that advise former aircraft or ship 
licensees that their authorizations have terminated and another party 
has obtained a license for the aircraft or ship. The ASR System informs 
a former owner of an antenna structure that an application has been 
processed to change the ownership of the antenna structure on a 
registration. The notices, in each of these cases, were developed to 
limit third parties from fraudulently cancelling or obtaining someone 
else's license or registration. Over the past several years, however, 
the Bureaus have found that fraudulent actions rarely, if ever, happen.
    Both ULS and the ASR System also generate notices that acknowledge 
a licensee or registrant has associated, removed, or replaced an FCC 
Registration Number (FRN) with respect to a license or registration. 
Again, these notifications were developed to limit third parties from 
tampering with the association of an FRN to a license or registration. 
Today, however, because licensees and registrants associate, remove, or 
replace an FRN with respect to an authorization only by electronic 
filings, a third party could not submit an application manually to 
tamper with the association between an FRN and a license or 
registration. The Bureaus therefore eliminate these six notices. The 
Bureaus further note that in 2004, WTB issued public notices announcing 
that it would send these FRN notifications first by email, and where 
the applicant did not provide an email address, by mail through the 
U.S. Postal Service. Because we eliminate the notices, we will no 
longer send FRN notices by email.
    Finally, the Bureaus will not migrate the notices that we are 
eliminating in ULS to the Commission's new wireless licensing system. 
As the new wireless licensing system is deployed and as enhancements 
are made to the ASR System, the Commission may consider developing 
electronic notifications that provide information similar to the 
information currently included in these notices, where, for example a 
system user elects to receive the information by email or text message.

Notices Retained

    Return, Dismissal, Termination Pending, and Courtesy Reminder 
Notices. The Bureaus retain 15 correspondence notices in ULS and three 
notices in the ASR System because they provide (1) information about 
Commission actions that require a response from the applicant; or (2) 
information about approaching deadlines that require action from the 
applicant, licensee, or registrant. The Bureaus will also migrate the 
notices that they are retaining in ULS to the new wireless licensing 
system as services are deployed in that system. In particular, the 
Bureaus retain notices that return an application for correction or 
additional information, as well as notices that dismiss an application. 
The Bureaus also retain ``courtesy'' notices that remind a licensee or 
registrant that a construction or renewal deadline is approaching, as 
well as notices warning a licensee that its license has been placed in 
termination pending status.
    The Bureaus explain that notices that fall within these categories 
are often critical to an applicant that intends to continue prosecuting 
an application, as well as a licensee or registrant that intends to 
retain an authorization. The Bureaus further note that the Commission 
has addressed these types of processes in adopting policies for ULS and 
the ASR System. In 1999, the Commission developed a unified policy for 
dismissing and returning applications in both ULS and the ASR System. 
The system-generated return and dismissal notices are the mechanisms by 
which the Bureaus implemented this policy.
    In adopting rules governing license application procedures for ULS, 
the Commission also stated that, as a convenience to licensees, ULS 
would issue construction notifications prior to construction deadlines 
as well as renewal reminder notices prior to license expiration dates. 
The Commission further stated that, for the time being, these types of 
courtesy reminder notices would be sent by mail. In particular, at the 
time it adopted ULS rules and procedures, the Commission rejected 
delivery of notices by email, instead deciding that licensees would 
continue to be notified of official Commission action by regular mail 
only. The Commission noted, however, that it was ``optimistic that a 
system of electronic communication at some time in the future may offer 
a substantial increase in efficiency and paper reduction'' and that 
``we may revisit this issue at a later time should circumstances 
warrant.'' Based on general requirements established by the Commission 
in that same proceeding for its automated termination procedures, ULS 
generates on the same day correspondence notices as well as a public 
notice warning licensees that they have not filed construction 
notifications in a timely manner and, absent confirmation of timely 
construction, termination of the licenses becomes final.
    The Bureaus further explain that the Commission found that these 
policies would produce staff efficiencies, lessen the burden on 
applicants and licensees, increase the accuracy of the ULS database, 
and promote efficient spectrum use. The Bureaus also note, importantly, 
that the date on a return or

[[Page 65641]]

dismissal notice, as well as a termination pending notice, is the date 
on which the period for seeking reconsideration begins. For these 
reasons, the Bureaus retain notices that require responses from system 
users because of an action taken by the Bureaus or because of an 
approaching renewal or construction deadline.
    The Bureaus also retain four notices currently generated by ULS 
that the Commission anticipates moving to its Electronic Authorization 
process in the new wireless licensing system. Three of these notices 
acknowledge the addition, modification, or deletion of a registered 
site on an authorization in the 3650-3700 MHz Service, as well as in 
the Non-Public Safety and Public Safety Intelligent Transportation 
Services. The fourth notice acknowledges the addition of a registered 
link on an authorization in the Millimeter Wave 70/80/90 GHz Service. 
The Bureaus retain these notices because they currently confirm 
modifications to registered sites or links on an authorization in these 
services. Once moved to the Commission's Electronic Authorization 
process, the Bureaus anticipate that the registration notices will be 
available electronically, unless a licensee notifies the Commission 
that it wishes to receive the notice on paper through the U.S. Postal 
Service.

License Cancellation and Antenna Structure Registration Cancellation 
and Termination Notice

    The Bureaus also retain license cancellation notices in ULS. For 
the following reasons, however, the Bureaus will not migrate the 
license cancellation notice to the new wireless licensing system, and 
the Bureaus eliminate the cancellation and termination notices in the 
ASR System. After an application to cancel a license is granted, ULS 
generates a notice that is mailed to the licensee stating that the 
license referenced in the notice has been cancelled. In the ASR System, 
registrations have two statuses--granted and constructed. If a 
registrant cancels a registration before the antenna structure is 
constructed, the ASR System automatically generates a cancellation 
notice. If the registrant terminates a registration after the antenna 
structure is constructed, staff triggers the ASR System to generate a 
termination notice. The intent of these notices is to allow the 
licensee or registrant to take action if the license or registration is 
improperly cancelled by a third party, but in our experience, the vast 
majority of erroneous cancellations are filed by someone who was 
authorized to act on behalf of the licensee or registrant.
    An inadvertent cancellation of a site-based license that goes 
unnoticed may, in many services, result in another party obtaining a 
license for the spectrum formerly authorized in the cancelled license. 
In addition, where another party has not obtained a license for the 
spectrum, a new application to replace the cancelled license may 
require frequency coordination and application fees, potentially 
resulting in significant costs. In auction services, an inadvertent 
cancellation might result in the loss of the authorization with return 
of the license spectrum to the Commission. To limit these consequences, 
the Bureaus retain license cancellation notices in ULS. The Bureaus 
will, however, eliminate the notice in services as they are deployed in 
the new wireless licensing system. Rather than generating license 
cancellation notices in the new licensing system, that system will 
offer electronic safeguards to prevent a licensee from inadvertently 
cancelling its license. For example, the new licensing system may 
create ``pop-ups'' asking the applicant if it is sure it wants to 
cancel the license at issue in the application and warning of the 
consequences of cancelling the authorization.
    The Bureaus also eliminate the cancellation and termination notices 
in the ASR System. Parties filing registration applications do not 
obtain registrations through the Commission's competitive bidding 
procedures, do not pay application fees, and rarely, if ever, does 
someone other than an antenna structure owner cancel or terminate a 
registration. Where an antenna structure owner inadvertently cancels or 
terminates a registration, it simply files a new application.

Attachment A--Eliminated Correspondence Notices

    The 600 series form numbers are assigned to notices generated for 
Wireless Telecommunications Bureau services and the 1400 series form 
numbers are assigned to notices generated for Public Safety and 
Homeland Security Bureau services.

             ULS-Generated Correspondence Notices Eliminated
------------------------------------------------------------------------
                    Notice                              Form No.
------------------------------------------------------------------------
Notice of Aircraft Radio Station Termination..  696A
Notice of Ship Radio Station Termination......  696S
Ownership Notification Letter.................  602-A
Application Notification Letter...............  682/1404
FCC Registration Notification Letter            683A/1405
 (associate).
FCC Registration Notification Letter (remove).  683D/1405
FCC Registration Notification Letter (replace)  683R/1405
------------------------------------------------------------------------


             ASR-Generated Correspondence Notices Eliminated
------------------------------------------------------------------------
                    Notice                              Form No.
------------------------------------------------------------------------
Notice of ASR Change of Ownership.............  684
Notification of Application Receipt...........  675
FCC Registration Notification Letter            676A
 (associate).
FCC Registration Notification Letter (remove).  676D
FCC Registration Notification Letter (replace)  676R
Notice of ASR Cancellation....................  686
Notice of ASR Termination.....................  687
------------------------------------------------------------------------


[[Page 65642]]

Attachment B--Retained Correspondence Notices

    The 600 series form numbers are assigned to notices generated for 
Wireless Telecommunications Bureau services and the 1400 series form 
numbers are assigned to notices generated for Public Safety and 
Homeland Security Bureau services.

              ULS-Generated Correspondence Notices Retained
------------------------------------------------------------------------
                    Notice                              Form No.
------------------------------------------------------------------------
[Form 603] Application Dismissal Letter.......  603-D/1401
Notice of Return for Canadian Objections......  690/1408
Notice of Immediate Return....................  693/1410
Notice of Immediate Dismissal.................  694/1411
Notice of Return..............................  698/1414
Notice of Dismissal...........................  699/1415
Notice of Authorization Grant-In-Part.........  700/1416
Notification of Consummation Reminder Letter..  603-CR/1402
Construction/Coverage Deadline Notice of        672/1403
 License Termination Pending Status.
Construction/Coverage Deadline Important        691/1409
 Reminder Notice.
Renewal Reminder Notice.......................  695/1412
3650-3700 MHz Service Registration Acceptance   674
 Letter.
Intelligent Transportation Service (Non-Public  677
 Safety) Registration Acceptance Letter.
Millimeter Wave 70/80/90 GHz Service            678
 Registration Acceptance Letter.
Intelligent Transportation Service (Public      1418
 Safety) Registration Acceptance Letter.
Notice of License Cancellation................  697/1413
------------------------------------------------------------------------


              ASR-Generated Correspondence Notices Retained
------------------------------------------------------------------------
                     Form                               Form No.
------------------------------------------------------------------------
Notice of Return..............................  688
Notice of Dismissal...........................  689
ASR Construction Reminder.....................  685
------------------------------------------------------------------------


Federal Communications Commission.
Katherine M. Harris,
Deputy Chief, Mobility Division, Wireless Telecommunications Bureau.
[FR Doc. 2016-22934 Filed 9-22-16; 8:45 am]
 BILLING CODE 6712-01-P