Private Land Mobile Radio Services; Electronics Filing of Applications

FEDERAL COMMUNICATIONS COMMISSION

[DA 93-1574]

Private Land Mobile Radio Services; Electronics Filing of

Applications

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Chief, Private Radio Bureau released this Order

establishing procedural requirements for application signatures in all

private radio services. The Private Radio Bureau will issue Public

Notices to inform applicants as electronic filing becomes available in

each service.

EFFECTIVE DATE: January 20, 1994.

FOR FURTHER INFORMATION CONTACT:

Consumer Assistance, Private Radio Bureau, Licensing Division,

Gettysburg, PA (717) 337-1212.

SUPPLEMENTARY INFORMATION:

Order

Adopted: December 27, 1993; Released: January 6, 1994.

By the Chief, Private Radio Bureau:

1. On April 1, 1993, the Commission adopted an order amending its

rules to allow electronic filing of applications in the Private Radio

Services. Order, 8 FCC Rcd 2662 (1993).\1\ At that time the Commission

continued the requirement that a handwritten signature accompany all

applications until the Private Radio Bureau establishes procedures for

the electronic filing of applications by ``Public Notice in the Federal

Register, modified application forms, and other published procedures.''

8 FCC Rcd at 2662, para. 7.

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\1\The Commission was authorized to so amend its rules by an act

of Congress amending the Communications Act of 1934.

Telecommunications Authorization Act of 1992, Public Law 102-538,

106 Stat. 3533 (1992), Section 204.

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2. The Private Radio Bureau is developing procedural requirements

for the electronic filing of applications in the Private Radio

Services. Certain procedures are already in place, and approximately

7,000 applications have been filed electronically. This order

establishes procedural requirements for application signatures in all

private radio services pursuant to the authority delegated to the

Private Radio Bureau in 47 CFR 1.913(e). See also, 47 CFR 90.125, 94.29

and 95.87. We will publish Public Notices to inform applicants as

electronic filing becomes available in each service.

3. If the applicant is an individual, the signature on an

electronically filed application will consist of the electronic

equivalent of the typed name of the individual. If the applicant is a

partnership, the signature will consist of the electronic equivalent of

the typed name of a partner. If the applicant is a corporation, the

signature will consist of the electronic equivalent of the typed name

of an officer, a director, or a duly authorized employee of the

corporation. If the applicant is an unincorporated association, the

signature will consist of the electronic equivalent of a member who is

an officer. The signature of an applicant who is an eligible

governmental entity, such as states and territories of the United

States, political subdivisions thereof, the District of Columbia, and

units of local governments, including unincorporated municipalities,

will be the electronic equivalent of the typed signature of such duly

elected or appointed officials as may be competent to bind the

governmental entity under the laws of the applicable jurisdiction.

4. This requirement follows from the requirements of Sec. 1.913 of

our rules, 47 CFR 1.913. Commission precedent and policy regarding

individuals satisfying the requirements contained in Sec. 1.913

regarding who may sign for various applicants are fully applicable

(e.g., who may sign for limited partnerships, trusts, hybrid entities).

5. The procedure adopted today will eliminate the requirement that

a paper application be filed in addition to the electronically filed

application for these applications that can be filed electronically. An

electronic signature submitted according to these procedures will

designate the individual, authorized to bind the applicant, who is

certifying to the accuracy of the information contained in the

application\2\ and who is certifying that no party to the application

has been denied benefits pursuant to section 5301 of the Anti-Drug

Abuse Act of 1988, 21 U.S.C. 862. (For the definition of ``party'' see

47 CFR 1.2002(b).) By signing in this fashion, applicants accept and

agree to comply with the limits and conditions associated with licenses

contained in the Communications Act of 1934, as amended, and the

Commission's rules.\3\ Applicants also agree to be bound in the same

manner as if they had submitted a handwritten signature on a printed

application form.

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\2\Willful false statements made in an application are

punishable by fine and/or imprisonment. 18 U.S.C. 1001.

\3\Applicants and licensees are reminded that licenses confer

the right to use channels of radio transmission, but do not confer

ownership thereof, even for limited periods of time; and that

licenses do not create any right, beyond the terms, conditions, and

periods of the license. See, 47 U.S.C. 301.

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Conclusion

6. Because the changes adopted today relate solely to procedure,

they are exempt from the notice and comment requirements of the

Administrative Procedures Act, 5 U.S.C. 553(b). We are expanding the

filing options available to applicants in the private radio services

without creating additional burdens.\4\ The procedures established

today are effective immediately upon publication in the Federal

Register. 5 U.S.C. 553(d)(3); 47 CFR 1.427(b).

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\4\Initially, electronic filing is intended only for non-

sensitive, public information. Material filed with requests for

confidentiality, see 47 CFR 0.457, must be submitted on paper.

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7. For further information regarding this order, contact the

Consumer Assistance Branch, Federal Communications Commission, 1270

Fairfield Road, Gettysburg, PA at (717) 337-1212.

8. So ordered.

Federal Communications Commission.

Ralph A. Haller,

Chief, Private Radio Bureau.

[FR Doc. 94-1330 Filed 1-19-94; 8:45 am]

BILLING CODE 6712-01-M