[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68117-68119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18604]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 63

[IB Docket No. 16-155; FCC 20-133; FR ID 238500]


Process Reform for Executive Branch Review of Certain FCC 
Applications and Petitions Involving Foreign Ownership

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget has approved revisions to the information 
collection requirements under OMB Control Numbers 3060-0686, 3060-0944 
and 3060-1163, as associated with rules and procedures that improve the 
timeliness and transparency of the process by which it seeks the review 
of executive branch agencies for certain applications with foreign 
ownership. IB Docket No. 16-155; FCC 20-133.

DATES: The amendments to 47 CFR 1.767, 1.5001, 1.40001(a)(2) and (3), 
1.40003, 63.12, 63.18 and 63.24, published at 85 FR 76360 on November 
27, 2020, are effective on August 19, 2024.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, Office of the Managing 
Director, Federal Communications Commission, at (202) 418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that the Office of 
Management and Budget (OMB) approved the information collection 
requirements in 47 CFR 1.767, 1.5001, 1.40001(a)(2) and (3), 1.40003, 
63.12, 63.18 and 63.24 on May 9, 2024 and May 29, 2024. These rule 
sections were adopted in the Process Reform for Executive Branch Review 
of Certain FCC Applications and Petitions Involving Foreign Ownership, 
FCC 20-133. The Commission publishes this document as an announcement 
of the effective date for these amended rules.
    If you have any comments on the burden estimates listed below, or 
how the Commission can improve the collections and reduce any burdens 
caused thereby, please contact Cathy Williams, Federal Communications 
Commission, Room 3.317, 45 L Street NE, Washington, DC 20554, regarding 
OMB Control Numbers 3060-0686, 3060-0944 and 3060-1163. Please include 
the OMB Control Number in your correspondence. The Commission will also 
accept your comments via email at [email protected].
    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).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received final 
OMB approval on May 9, 2024 and May 29, 2024 for the information 
collection requirements contained in 47 CFR 1.767, 1.5001, 
1.40001(a)(2) and (3), 1.40003, 63.12, 63.18 and 63.24. Under 5 CFR 
part 1320, an agency may not conduct or sponsor a collection of 
information unless it displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Numbers for the information collection requirements in 47 CFR 
1.767, 1.5001, 1.40001(a)(2) and (3), 1.40003, 63.12, 63.18 and 63.24 
are 3060-0686, 3060-0944 and 3060-1163.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:

    OMB Control Number: 3060-0686.
    Title: International Section 214 Authorizations, 47 CFR 63.10-
63.25, 1.40001,1.40003.
    Form Number: FCC Forms 214 and 225.

[[Page 68118]]

    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 192 respondents; 614 
responses.
    Estimated Time per Response: 1 hour to 120 hours.
    Frequency of Response: On occasion, annual and quarterly reporting 
requirements, third party disclosure requirement, and recordkeeping 
requirement.
    Total Annual Burden: 2,393 hours.
    Total Annual Costs: $874,045.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for part 1 of this information collection is 
contained in 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 
325(e). The statutory authority for part 63 of this information 
collection is contained in sections 1, 4(j), 10, 11, 201-205, 214, 218, 
403, and 651 of the Communications Act of 1934, as amended.
    Needs and Uses: The 2020 Executive Branch Review Order creates new 
requirements associated with certain applications, including 
international section 214 applications with reportable foreign 
ownership, that will be reviewed by the relevant Executive Branch 
agencies for national security, law enforcement, foreign policy, and 
trade policy issues as well as other changes.
    In the 2020 Executive Branch Review Order, the Commission adopted 
rules and procedures to facilitate a more streamlined and transparent 
review process for coordinating applications with the Executive Branch 
agencies. The Commission also established firm time frames for the 
Executive Branch agencies to complete their review consistent with 
Executive Order 13913, which established the Committee for the 
Assessment of Foreign Participation in the United States 
Telecommunications Services Sector (the Committee). Specifically, under 
the new rules, the Committee has 120 days for initial review, plus an 
additional 90 days for secondary assessment if the Committee determines 
that the risk to national security or law enforcement interests cannot 
be mitigated with standard mitigation measures. The Commission also 
adopted and codified five categories of information for which 
applicants must provide detailed and comprehensive information to the 
Committee.
    In the 2021 Executive Branch Second Order, the Commission adopted 
the Standard Questions--a baseline set of national security and law 
enforcement questions covering the five categories of information 
described above. The responses to the Standard Questions will replace 
the information that applicants currently provide to the Committee on 
an individualized basis. The Standard Questions consist of six separate 
questionnaires (based on subject matter) and a supplement for the 
provision of personally identifiable information (PII). Two of these 
questionnaires and the PII supplement are applicable to international 
section 214s. International section 214 applicants with reportable 
foreign ownership will be required to answer the questions, and file 
their responses, as well as a copy of the FCC application, directly 
with the Committee.

    OMB Control Number: 3060-0944.
    Title: Cable Landing License Act, 47 CFR 1.767, 1.768, 1.40001, 
1.40003, Executive Order 10530.
    Form Number: FCC Form 220.
    Respondents: Business and other for profit entities.
    Number of Respondents and Responses: 41 respondents; 118 responses.
    Estimated Time per Response: 1 hour to 120 hours.
    Frequency of Response: On occasion reporting requirement, Quarterly 
reporting requirement, Recordkeeping requirement and third-party 
disclosure requirement.
    Total Annual Burden: 960 hours.
    Total Annual Cost: $340,255.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in the 
Submarine Cable Landing License Act of 1921, 47 U.S.C. 34-39, Executive 
Order 10530, Executive Order 13913, section 5(a), and the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-(j), 
155, 303(r), 309, and 403.
    Needs and Uses: The 2020 Executive Branch Review Order creates new 
requirements associated with certain applications, including submarine 
cable applications, with reportable foreign ownership that will be 
reviewed by the relevant Executive Branch agencies for national 
security, law enforcement, foreign policy and trade policy issues as 
well as other changes.
    In the 2020 Executive Branch Review Order, the Commission adopted 
rules and procedures to facilitate a more streamlined and transparent 
review process for coordinating applications with the Executive Branch 
agencies. The Commission also established firm time frames for the 
Executive Branch agencies to complete their review consistent with 
Executive Order 13913, which established the Committee for the 
Assessment of Foreign Participation in the United States 
Telecommunications Services Sector (the Committee). Specifically, under 
the new rules, the Committee has 120 days for initial review, plus an 
additional 90 days for secondary assessment if the Committee determines 
that the risk to national security or law enforcement interests cannot 
be mitigated with standard mitigation measures. The Commission also 
adopted and codified five categories of information for which 
applicants must provide detailed and comprehensive information to the 
Committee.
    In the 2021 Executive Branch Second Order, the Commission adopted 
the Standard Questions--a baseline set of national security and law 
enforcement questions covering the five categories of information 
described above. The responses to the Standard Questions will replace 
the information that applicants currently provide to the Committee on 
an individualized basis. The Standard Questions consist of six separate 
questionnaires (based on subject matter) and a supplement for the 
provision of personally identifiable information (PII). Two of these 
questionnaires and the PII supplement are applicable to submarine 
cables. Submarine cable applicants with reportable foreign ownership 
will be required to answer the questions and file their responses as 
well as a copy of the FCC application, directly with the Committee.

    OMB Control Number: 3060-1163.
    Title: 47 CFR 1.5001-1.5004 Regulations Applicable to Broadcast, 
Common Carrier, and Aeronautical Radio Licensees Under Section 310(b) 
of the Communications Act of 1934, as amended; 47 CFR 1.40001, 1.40003.
    Form Number: FCC Form 235.
    Respondents: Business and other for profit entities.
    Number of Respondents and Responses: 20 respondents; 52 responses.
    Estimated Time per Response: 1 hour to 120 hours.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 1,219 hours.
    Total Annual Cost: $407,000.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for Part 1 of this information collection is 
contained in 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 
325(e).
    Needs and Uses: The 2020 Executive Branch Review Order creates new 
requirements associated with certain applications, including section 
310(b) petitions that will be reviewed by the relevant Executive Branch 
agencies for

[[Page 68119]]

national security, law enforcement, foreign policy, and trade policy 
issues as well as other changes.
    In the 2020 Executive Branch Review Order, the Commission adopted 
rules and procedures to facilitate a more streamlined and transparent 
review process for coordinating applications with the Executive Branch 
agencies. The Commission also established firm time frames for the 
Executive Branch agencies to complete their review consistent with 
Executive Order 13913, which established the Committee for the 
Assessment of Foreign Participation in the United States 
Telecommunications Services Sector (the Committee). Specifically, under 
the new rules, the Committee has 120 days for initial review, plus an 
additional 90 days for secondary assessment if the Committee determines 
that the risk to national security or law enforcement interests cannot 
be mitigated with standard mitigation measures. The Commission also 
adopted and codified five categories of information for which 
applicants must provide detailed and comprehensive information to the 
Committee.
    In the 2021 Executive Branch Second Order, the Commission adopted 
the Standard Questions--a baseline set of national security and law 
enforcement questions covering the five categories of information 
described above. The responses to the Standard Questions will replace 
the information that applicants currently provide to the Committee on 
an individualized basis. The Standard Questions consist of six separate 
questionnaires (based on subject matter) and a supplement for the 
provision of personally identifiable information (PII). Petitioners 
will be required to submit their responses to the Standard Questions 
and a copy of the section 310(b) petition, directly with the Committee. 
Broadcast petitioners will be required to answer Standard Questions 
specific to broadcast licensees and common carrier wireless petitioners 
will be required to answer Standard Questions specific to common 
carrier licenses as well as a general PII supplement applicable to all 
respondents to the Standard Questions.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-18604 Filed 8-22-24; 8:45 am]
BILLING CODE 6712-01-P