[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Proposed Rules]
[Pages 12312-12399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03410]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 63

[IB Docket No. 16-155; DA 20-1545; FRS 17408]


International Bureau Seeks Comment on Standard Questions for 
Applicants Whose Applications Will Be Referred to the Executive Branch 
for Review Due to Foreign Ownership

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: In this document, the International Bureau seeks comment on a 
set of standardized national security and law enforcement questions 
(Standard Questions) that proponents of certain applications and 
petitions involving reportable foreign ownership will be required to 
answer as part of the application review process and whose application 
and petition will be referred to the Executive Branch.

DATES: Comments are due April 2, 2021. Reply comments are due April 19, 
2021.

ADDRESSES: You may submit comments, identified by IB Docket No. 16-155, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19.
    See FCC Announces Closure of FCC Headquarters Open Window and 
Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020), 
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    In addition, filers should provide one copy of each filing to each 
of the following:
    (1) Arthur Lechtman, Attorney, Telecommunications and Analysis 
Division, International Bureau, at [email protected], and
    (2) David Krech, Associate Division Chief, Telecommunications and 
Analysis Division, International Bureau, at [email protected].

FOR FURTHER INFORMATION CONTACT: Arthur Lechtman, International Bureau, 
Telecommunications and Analysis Division, at (202) 418-1465. For 
information regarding the Paperwork Reduction Act (PRA) information 
collection requirements contained in the PRA, contact Cathy Williams, 
Office of Managing Director, at (202) 418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, DA 
20-

[[Page 12313]]

1545, released on December 30, 2020. The full text of this document is 
available on the Federal Communications Commission's website at https://www.fcc.gov/document/standard-questions-applications-referred-executive-branch.

Supplemental Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the International Bureau has prepared a Supplemental Initial 
Regulatory Flexibility Analysis (Supplemental IRFA) of the possible 
significant economic impact on small entities of the proposals 
addressed in this Public Notice to supplement the Federal 
Communications Commission's (Commission) Final Regulatory Flexibility 
Analyses completed in the Executive Branch Review Order, 85 FR 76360 
(Nov. 27, 2020).

Synopsis

    By this Public Notice, the International Bureau (Bureau) seeks 
comment on a set of standardized national security and law enforcement 
questions (Standard Questions) that proponents of certain applications 
and petitions involving reportable foreign ownership will be required 
to answer as part of the review process. In the Executive Branch Review 
Order, \1\ the Commission adopted rules and procedures to facilitate a 
more streamlined and transparent review process for coordinating these 
applications and petitions with the Executive Branch agencies (the 
Departments of Justice, Homeland Security, Defense, State, and 
Commerce, as well as the U.S. Trade Representative) for any national 
security, law enforcement, foreign policy, or trade policy issues. The 
Commission refers applications for international section 214 
authorizations and submarine cable licenses and applications to assign, 
transfer control or modify such authorizations and licenses where the 
applicant has reportable foreign ownership, and all petitions for 
section 310(b) foreign ownership rulings.
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    \1\ Process Reform for Executive Branch Review of Certain FCC 
Applications and Petitions Involving Foreign Ownership, IB Docket 
No. 16-155, Report and Order, 85 FR 76360 Nov. 27, 2020, 35 FCC Rcd 
10927 (2020) (Executive Branch Review Order); Erratum (Appendix B--
Final Rules), 35 FCC Rcd 13164 (OMD/IB 2020).
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    To expedite the Executive Branch agencies' review of such 
applications and petitions, applicants and petitioners will provide 
responses to the Standard Questions directly to the Committee for the 
Assessment of Foreign Participation in the United States 
Telecommunications Services Sector (Committee) prior to or at the same 
time that they file applications or petitions with the Commission. The 
Commission adopted five categories of information to be provided by an 
applicant or petitioner: (1) Corporate structure and shareholder 
information; (2) relationships with foreign entities; (3) financial 
condition and circumstances; (4) compliance with applicable laws and 
regulations; and (5) business and operational information, including 
services to be provided and network infrastructure. The Commission 
directed the International Bureau (Bureau) to develop, solicit comment 
on, and make available on a publicly available website the Standard 
Questions that will elicit the information needed by the Committee 
within those categories of information. The Bureau will also maintain 
and update the Standard Questions, as needed.
    We seek comment on the Standard Questions set out in each of the 
following Appendices, which are identified by the type of application 
or petition. The Standard Questions are based upon current 
questionnaires used by the Committee to obtain information from 
applicants and petitioners.
     Appendix A--Standard Questions for an International 
Section 214 Authorization Application. Standard Questions for an 
international section 214 authorization application filed pursuant to 
47 CFR 63.18, including a modification of an existing authorization;
     Appendix B--Standard Questions for an Application for an 
Assignment or Transfer of Control of an International Section 214 
Authorization. Standard Questions for an assignment or transfer of 
control of an international section 214 authorization application filed 
pursuant to 47 CFR 63.24;
     Appendix C--Standard Questions for Submarine Cable Landing 
License Application. Standard Questions for a cable landing license 
application filed pursuant to 47 CFR 1.767 including a modification of 
an existing license;
     Appendix D--Standard Questions for an Application for 
Assignment or Transfer of Control of a Submarine Cable Landing License. 
Standard Questions for an assignment or transfer of control of a cable 
landing license application filed pursuant to 47 CFR 1.767;
     Appendix E--Standard Questions for Section 310(b) Petition 
for Declaratory Ruling Involving a Broadcast Licensee. Standard 
Questions for a petition for declaratory ruling for foreign ownership 
in a broadcast licensee above the benchmark in section 310(b)(4) of the 
Communications Act (the Act) filed pursuant to 47 CFR 1.5000-1.5004;
     Appendix F--Standard Questions for Section 310(b) Petition 
for Declaratory Ruling Involving a Common Carrier Wireless or Common 
Carrier Earth Station Licensee. Standard Questions for a petition for 
declaratory ruling for foreign ownership in a common carrier wireless 
or common carrier earth station licensee above the benchmarks in 
section 310(b)(3) or 310(b)(4) of the Act filed pursuant to 47 CFR 
1.5000-1.5004; and
     Appendix G--Personally Identifiable Information (PII) 
Supplement. All of the Standard Questions reference this supplement to 
assist the Committee in identifying PII.
    We seek comment on the questions in each of the Appendices. If 
needed, to help clarify the questions for applicants and petitioners, 
we ask that commenting parties provide specific suggested changes to 
the language of the questions. We seek comment on whether there are 
questions that are not necessary or if there are any questions that we 
should include to help expedite the review process. We ask parties for 
comment on the definitions of key terms that are used in the 
Appendices, such as ``corporate officers'' and ``senior-level'' 
officers as well as ``remote access'' and ``managed services.'' We seek 
comment on how often, and under what circumstances, the Bureau should 
reevaluate the Standard Questions. Finally, we seek comment on how long 
it would take applicants to fill out each questionnaire.
    After we review and consider the comments received on the Standard 
Questions, we will issue an Order addressing the comments and will seek 
approval for the Standard Questions under the Paperwork Reduction Act. 
We will issue a Public Notice informing the public of the effective 
date of the Standard Questions. Following Public Notice of the 
effective date, the Standard Questions will be made available on the 
Commission's website and all parties filing applications or petitions 
subject to Executive Branch referral will be required to submit answers 
to the Standard Questions to the Committee prior to or at the same time 
that they file the application or petition with the Commission. Until 
that time, the Committee will continue to send its own questions to the 
applicant or petitioner upon the Commission's referral of the 
application or petition.

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Supplemental Initial Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1980, as amended 
(RFA),\2\ we have prepared this Supplemental Initial Regulatory 
Flexibility Analysis (Supplemental IRFA) of the possible significant 
economic impact on small entities of the proposals addressed in this 
Public Notice to supplement the Commission's Final Regulatory 
Flexibility Analyses completed in the Executive Branch Review Order.\3\ 
Written public comments are requested on this Supplemental IRFA. 
Comments must be identified as responses to the Supplemental IRFA and 
must be filed by the same deadline for comments specified on the first 
page of this Public Notice. We will send a copy of this Public Notice, 
including this Supplemental IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA).\4\
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    \2\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
Public Law 104-121, 110 Stat. 857 (1996).
    \3\ Executive Branch Review Order, 35 FCC Rcd at 10990-11000, 
App. C.
    \4\ See 5 U.S.C. 603(a).
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    This Public Notice sets forth the specific proposed ``Standard 
Questions'' for applications and petitions prescribed by the Executive 
Branch Review Order. As noted in the Initial and Final Regulatory 
Flexibility Analyses associated with that proceeding, standardizing 
these questions should improve the timeliness and transparency of the 
Executive Branch review process, thereby lessening the burden on all 
applicants and petitioners, including small entities. That order 
specified that the Standard Questions should include the following 
categories of information: (1) Corporate structure and shareholder 
information; (2) relationships with foreign entities; (3) financial 
condition and circumstances; (4) compliance with applicable laws and 
regulations; and (5) business and operational information, including 
services to be provided and network infrastructure. The proposed 
Standard Questions constitute the more specific implementation of the 
requirements set forth in the Executive Branch Review Order and are 
fully consistent therewith, and as directed by the Commission in that 
order take due account of the sample questions previously made 
available in this docket and the comments provided to the Commission 
thereon. Initial and Final Regulatory Flexibility Analyses were 
incorporated into the Executive Branch Review Order and the notice of 
proposed rulemaking associated with that order. In this Public Notice, 
we hereby incorporate by reference the descriptions and estimates of 
the number of small entities, as well as the associated analyses, set 
forth therein.
    A copy of this Public Notice, including the Supplemental Initial 
Regulatory Flexibility Analysis, shall be sent to the Chief Counsel for 
Advocacy of the Small Business Administration.

Ex Parte Information

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda, or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with section 1.1206(b) of the Commission's rules. 
In proceedings governed by section 1.49(f) of the Commission's rules or 
for which the Commission has made available a method of electronic 
filing, written ex parte presentations and memoranda summarizing oral 
ex parte presentations, and all attachments thereto, must be filed 
through the electronic comment filing system available for that 
proceeding, and must be filed in their native format (e.g., .doc, .xml, 
.ppt, searchable .pdf). Participants in this proceeding should 
familiarize themselves with the Commission's ex parte rules.

Federal Communications Commission
Troy Tanner,
Deputy Chief, International Bureau.

    Note: The following appendices will not appear in the Code of 
Federal Regulations.

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[FR Doc. 2021-03410 Filed 3-2-21; 8:45 am]
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