Federal Register - December 2, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations 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;
Attachment BStandard Questions for an Application for 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;
Attachment CStandard Questions for a 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;
Attachment DStandard 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;
Attachment EStandard Questions for a Section 310b 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 benchmarks in section 310b of the Communications Act the Act filed pursuant to 47 CFR
1.50001.5004;
Attachment FStandard Questions for a Section 310b 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 310b of the Act filed pursuant to 47 CFR 1.50001.5004;
and Attachment GPersonally Identifiable Information PII
Supplement. Each set of Standard Questions references a supplement to assist the Committee in identifying PII.
57. The Commission adopted the Standard Questions largely as proposed in the Standard Questions Public Notice, with some important changes to more narrowly tailor and clarify the instructions and certain questions so as to decrease the burden on applicants.
The changes include:
All Attachments: Modify the definition of Senior Officer to capture any individual with authority to act on behalf of the entity, rather than referring to specific individuals titles.
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Attachment A/Question 2
Attachment B/Question 2; Attachment D/Question 3; Attachment E/Question 2;
Attachment F/Question 2: For clarity and consistency, modify these questions by adding the term Controlling Interest.
All Attachments: Remove the term Immediate Owner from the definitions section as that term is not used in any subsequent questions.
All Attachments: Correct inadvertent use of inconsistent terms.
For example, we have revised all questionnaires so that they are consistent in the use of the defined terms Ultimate Owner and Ultimate Parent.
Attachment B/Question 1 and Attachment D/Question 1: Remove transferors and assignors the sellers from the definition of Relevant Parties.
All Attachments: Modify the instructions in all questionnaires to provide that all of the submitted information will be protected from disclosure according to the provisions of Executive Order 13913, Section 8, and that applicants will not have to specifically identify information for such treatment.
All Attachments: Clarify the instructions for multiple applicants for a single application such as consortium applicants for a single submarine cable landing license.
All Attachments: Modify the instructions to allow internal crossreferencing of responses within a single questionnaire to streamline the process for applicants. For example, if an applicant provided a response to Question 15, and the applicants response to Question 27 contains the same information, the applicant may refer back to its earlier response.
Attachment F/Question 3: Remove language regarding prior relationships from this question as it was unintentionally added to the proposed questionnaire.
Attachment A/Question 3;
Attachment B/Question 3; Attachment C/Question 8; Attachment D/Question 21; Attachment E/Question 3;
Attachment F/Question 3: Clarify that planned relationships are current relationships or those reasonably anticipated by negotiations or that are identified under current business plans and clarify that this includes any situations in which contracts have been signed or where the parties are already in negotiations.
Attachment A/Question 3;
Attachment B/Question 3; Attachment C/Question 8; Attachment D/Question 21; Attachment E/Question 3;
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Attachment F/Question 3: Clarify that existing or planned relationships/
partnerships, and prior relationships/
partnerships in the case of broadcast applicants, and funding or service contracts, do not include foreign subscribers to an applicants retail services. Also clarify that, for the purposes of these questions, these relationships do not include foreign employees who are identified in other questions, such as Senior Officers and Directors, and Non-U.S. Individuals with physical access to certain facilities, records, networks, or electronic interfaces.
Attachment E: Remove the reference to Foreign Party in questions 12, 1821, 26, 3134.
Attachment A/Questions 7, 9;
Attachment B/Questions 7, 9;
Attachment C/Questions 12, 14;
Attachment D/Questions 13, 15;
Attachment E/Questions 5, 7;
Attachment F/Questions 7, 9: Amend language pertaining to an applicants involvement or association with prior Commission or Committee on Foreign Investment in the United States CFIUS
filings to specify that an involved or associated Individual or Entity was either the applicant in a prior Commission or CFIUS filing or listed as an owner in such a prior filing.
Attachment A/Question 7;
Attachment B/Question 7; Attachment C/Question 12; Attachment D/Question 13; Attachment E/Question 5;
Attachment F/Question 7: Adopt a tenyear time boundary regarding prior Commission filings that must be disclosed.
Attachment E/Question 19: Clarify that broadcasters must provide the information listed in Question 19 for non-U.S. Individuals with access to 1
all facilities and equipment in the United States, 2 facilities outside the United States that are used to broadcast into the United States, and 3 facilities both inside and outside the United States that store, process, or provide access to U.S. person data including data on current, past, and potential U.S.
customers.
Attachment C/Question 37;
Attachment D/Question 39: Clarify that for submarine cable applicants, only the U.S. cable landing party need identify an authorized law enforcement point of contact.
Attachment A/Question 37;
Attachment B/Question 36; Attachment C/Question 45; Attachment D/Question 48; Attachment F/Question 38: Update the list of U.S. critical infrastructure sectors outlined in the Standard Questions to track Presidential Policy Directive 21 PPD21.
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