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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
filing also reduces time needed to process applications and can allow the Commission to more quickly place applications on public notice.20 Filers also benefit from electronic filing because an electronic filing system can automatically notify users of critical errors or omissions in their filings,21
and electronic filing creates a digital record of users submissions to the Commission and establishes proof of delivery.22 The Commission benefits from a reduced workload because the data fields on electronic forms are automatically populated.23 Other interested parties benefit as well because electronic filings are transmitted nearly instantaneously, making the filings available to the other interested parties around the same time that they become available to the Commission.24
5. For Section 325c Applications and IHF Applications, we eliminate the paper mailing and modified electronic filing requirements through ECFS and require applicants to file electronically in IBFS when the electronic forms are available.25 The changes we adopt herein will improve the filing process and expedite review of the applications in an orderly manner as IBFS will automatically identify initial filing deficiencies in the electronic forms and route the filed applications to appropriate Commission staff without delay, thereby facilitating timely review.
Additionally, any properly filed amendments, renewals, transfers, assignments, surrenders, notifications of limitation or discontinuance of operations, notifications of broadcast service resumption, equipment tests, program tests, post-season reports, preseason operation notifications, or modifications, will be linked to other relevant applications or filings and similarly routed to the relevant Commission staff, decreasing processing time and administrative cost serving the public interest.26
6. For Dominant Carrier Section 63.10c Quarterly Reports, we eliminate the paper filing option and require carriers to submit these reports electronically in IBFS within ninety 90
days after the end of each calendar 20 Id.

at 929495, para 7.
at 9294, para 6.
22 2020 Wireless Radio Order, 35 FCC Rcd at 10788, para. 23.
23 2005 IBFS Order, 20 FCC Rcd at 929495, para 7.
24 2020 Wireless Radio Order, 35 FCC Rcd at 10788, para. 23.
25 47 CFR 73.3533a2, 73.3545.
26 47 CFR 73.3540cd, 73.702, 73.713a, 73.732, 73.759c2, 73.761, 73.762, 73.3539a.
21 Id.

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quarter.27 This change will provide a number of benefits to carriers and Commission staff, including cost savings, convenience, and speed. As the Commission noted in the 2020 Wireless Radio Order, electronic filing reduces paper, printing, and delivery expenses, and is more convenient as users can submit their filings nearly 24 hours a day, 7 days a week . . . . 28 Further, the electronic filing of Dominant Carrier Section 63.10c Quarterly Reports will eliminate the delay of waiting for these filings to be delivered to the Commission, processed, and provided to the relevant Commission staff.
Carriers will receive confirmation of their filing from the system, and Commission staff will no longer need to manually digitize these quarterly reports, reducing burdens and decreasing costs to carriers and the Commission.
7. With the actions taken herein, we take another key step to modernize our filings processes, enable cost savings, increase convenience, and decrease processing time and complete the process of mandating that all International Bureau forms and filings must be submitted electronically in IBFS.
B. Conforming Amendments 8. Section 63.10. Section 63.10d specifies the number of copies and where to file each quarterly report.
However, it misstates the relevant provisions of section 63.10c24
identifying these quarterly reports. To correct the error, we revise paragraph d to remove the erroneous reference to section 63.10c35 and replace this portion of the rule with the correct reference to section 63.10c24, as well as to reflect the new electronic filing requirement for these reports.29
Appx. A.
Wireless Radio Order, 25 FCC Rcd at 10788, para. 23. In 2020, the Commission received a total of 73 reports: 20 reports in the first quarter, 19 reports in the second quarter, 20 reports in the third quarter, and 14 reports in the fourth quarter.
The data derived from these reports continue to be important resource for the Commission.
29 These amendments, referring to how the quarterly reports should be filed, are procedural rules, thus the notice and comment requirements of the Administrative Procedure Act do not apply. 5
U.S.C. 553b3A. We also find there is good cause to forego a notice-and-comment period in this instance given that notice and comment is unnecessary and contrary to the public interest to make the modifications to section 63.10d, as discussed herein. 5 U.S.C. 553b3B. Here, we correct a typographical error with respect to crossreferences contained in the rule paragraph and eliminate a requirement that will be rendered obsolete by the adoption of an electronic filing requirement and find that following a notice and comment process would needlessly prolong an obvious inaccuracy in the rules, reference an
C. Paper Copies of Satellite ITU CostRecovery Declarations 9. The Commissions part 25 rules governing satellite services contain one paper filing requirement. Before the Commission will submit a satellite network filing to the International Telecommunication Union ITU, the party requesting the filing must submit a signed declaration of unconditional acceptance of all consequent ITU costrecovery responsibility.30 This costrecovery declaration ensures that the ITU filing charges are paid by the operator, not the United States as notifying administration.31 The costrecovery declaration must be filed electronically in IBFS. A paper copy must also be mailed to the Satellite Division of the International Bureau.
Our experience has shown that this duplicate, paper copy is unnecessary to ensure that cost-recovery responsibility is properly assumed by the requesting party. We therefore modify our rules and remove the paper filing requirement.
D. Transition and Other Issues 10. We direct the International Bureau to release any relevant public notices announcing the availability of electronic filing for Section 325c Applications, IHF Applications, and Dominant Carrier Section 63.10c Quarterly Reports as the rules and forms become effective and available in IBFS. Until the International Bureau announces the availability of electronic filing, the current filing processes will continue to apply.
11. Waiver Requests. There may be limited instances where electronic filing rather than paper filing may be unduly burdensome or create a hardship for some potential applicants. For such cases, we will permit applicants and filers to file a request for waiver of our
27 See
28 2020

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obsolete requirement, and fail to yield any of the public interest benefits that notice and comment procedures are designed to produce. See, e.g., Allocation and Service Rules for the 16751680
MHz Band, Notice of Proposed Rulemaking and Order, 34 FCC Rcd 3552, 3572, para. 55 2019
finding for good cause that notice and comment procedures are unnecessary to correct and update incorrect cross-references in various rule paragraphs.
30 47 CFR 25.111d; see also Comprehensive Review of Licensing and Operating Rules for Satellite Services, Report and Order, 28 FCC Rcd 12403, 1242526, paras. 6165, 1247980, Appx. B
2013; Implementation of ITU Cost Recovery Charges for Satellite Network Filings, Public Notice, 16 FCC Rcd 18732 IB 2001.
31 See generally ITU Council Decision 482
modified 2020 at 4, decides 9 providing that the invoice for ITU cost-recovery charges will be sent to the notifying administration or, at the request of that administration, to the satellite network operator in question, https www.itu.int/md/S20CL-C-0070/en.

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