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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
situation, we encourage applicants to explain this in their responses to the Standard Questions. Similarly, to the extent that an applicant finds a question to be overly broad or unclear in its applicability to the applicants situation, it should explain that in its response. To the extent the Committee requires further explanation, it can send Tailored Questions to the applicant. Framing responses in this way will help the Committee in its review and assessment of applicants responses and whether there will be a need for further information from the applicants.
51. Along those lines, commenters also ask whether they can consult with Committee staff regarding how to respond to certain questions, as they currently do. The Committee staff have stated a strong preference against negotiating the questions or responses with applicants before the responses are filed with the Committee or prior to Commission referral of an application.
For instance, Committee staff state that there could be situations in which an application might not be referred at all.
The Committee staff state that applicants should explain in their submissions the scope of their responses and any limitations in their responses.
The Committee staff note that they can coordinate with applicants regarding responses after the Commission refers the application or when the Committee sends any Tailored Questions.
L. Other Revisions to Standard Questions
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52. We also make several revisions to the Standard Questions to correct spelling and grammatical mistakes, to correct formatting issues, and to ensure that questions are standardized across the six questionnaires. These revisions correct unintentional drafting errors and do not change the substance of the Standard Questions beyond what has been discussed in this Second Report and Order. We believe that harmonizing the language across the Standard Questions will ease the application process and facilitate Committee review of applications.37
37 CTIA, NAB, and USTelecom ask the Commission to clarify when the 120-day clock starts. We believe that the Executive Branch Review Order and the rules clearly state when the 120-day review will begin. See Executive Order No. 13913, 85 FR at 19645, 5biii; Executive Branch Review Order, 35 FCC Rcd at 10958, paragraph 82. See also 47 CFR 1.40004e2 providing that the 120-day review will begin on the date of the Committees deferral request under Section 1.40002b, 47 CFR
1.40002 if it includes a notification that tailored questions are not necessary.

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IV. Implementation 53. With the adoption of Standard Questions in this Second Report and Order, we direct the International Bureau to work with the Media Bureau and the Wireline Competition Bureau to seek approval from the Office of Management and Budget OMB for the Standard Questions and the rules adopted in the Executive Branch Review Order that are subject to the Paperwork Reduction Act. Upon completion of OMB review, the International Bureau shall issue a Public Notice informing the public of the effective date of the requirements, including the requirement to file responses to the Standard Questions with the Committee. The International Bureau shall make the Standard Questions available on the Commissions website no later than the time the Public Notice is released. Once the rules are effective, all parties filing applications 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 their applications with the Commission.
Supplemental Final Regulatory Flexibility Analysis 54. As required by the Regulatory Flexibility Act of 1980, as amended RFA, we have prepared this Supplemental Final Regulatory Flexibility Analysis Supplemental FRFA of the possible significant economic impact on small entities of the Standard Questions and procedures addressed in this Second Report and Order to supplement the Commissions Initial and Final Regulatory Flexibility Analyses in this proceeding. The Commission previously sought written public comment on the proposals in the Executive Branch Review NPRM, including comment on the Initial Regulatory Flexibility Analysis IRFA.
The Commission did not receive comments regarding the IRFA.
Thereafter, in the Executive Branch Review Order, the Commission issued a Final Regulatory Flexibility Analysis FRFA conforming to the RFA.
Subsequently, the Commissions International Bureau released a public notice seeking comment on specific proposed Standard Questions for applications and petitions as prescribed by the Executive Branch Review Order Standard Questions Public Notice. As noted in the Executive Branch Review Order, standardizing these questions should improve the timeliness and transparency of the Executive Branch review process, thereby lessening the burden on all applicants and
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petitioners, including small entities.
The Standard Questions Public Notice included a Supplemental Initial Regulatory Flexibility Analysis Supplemental IRFA. This Supplemental FRFA supplements the FRFA to reflect the actions taken in this Second Report and Order, which adopts a final set of Standard Questions and conforms to the RFA.38
A. Need for, and Objectives of, the Second Report and Order 55. This Second Report and Order adopts a set of standardized national security and law enforcement questions Standard Questions that certain applicants and petitioners together, applicants with reportable foreign ownership will be required to answer as part of the Executive Branch review process of their applications and petitions together, applications. To expedite the national security and law enforcement review of such applications, applicants must provide their answers to the Standard Questions directly to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector Committee 39 prior to or at the same time they file their applications with the Commission.
56. The Executive Branch Review 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 adopted Standard Questions are based on the Executive Branch Review Order and the sample questions previously made available in this docket and the comments provided to the Commission regarding those questions. The adopted Standard Questions consist of the following:
Attachment AStandard Questions for an International Section 214
38 See
5 U.S.C. 604.
Order No. 13913 of April 4, 2020, Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, 85 FR 19643, 1964344 Apr. 8, 2020 Executive Order 13913
establishing the Committee composed of the Secretary of Defense, the Secretary of Homeland Security, and the Attorney General of the Department of Justice, who serves as the Chair, and the head of any other executive department or agency, or any Assistant to the President, as the President determines appropriate, and also providing for Advisors, including the Secretary of State, the Secretary of Commerce, and the United States Trade Representative.
39 Executive
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