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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
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.13 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.14 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.15 Each set of Standard Questions references a supplement to assist the Committee in identifying PII.
III. Discussion 7. Based on the comments in the record, we adopt 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 that will decrease the burdens on applicants.
We find that the Standard Questions with these changes and clarified instructionswill ensure that the Committee has the information it needs to conduct its national security and law enforcement review, while also addressing concerns raised by commenters that certain questions were unclear or overly burdensome.

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A. Terminology 8. Clarification and Improvement of Definitions. The instructions section in Attachment D/Submarine Cable Assignment or Transfer.
13 Standard Questions Public Notice, Attachment EStandard Questions for Section 310b Petition for Declaratory Ruling Involving a Broadcast Licensee, 35 FCC Rcd at 14965 Attachment E/
Broadcast Section 310b PDR.
14 Standard Questions Public Notice, Attachment FStandard Questions for Section 310b Petition for Declaratory Ruling Involving a Common Carrier Wireless or Common Carrier Earth Station Licensee, 35 FCC Rcd at 14979 Attachment F/Common Carrier Wireless or Earth Station PDR.
15 Standard Questions Public Notice, Attachment GPersonally Identifiable Information PII
Supplement, 35 FCC Rcd at 14993 Attachment G/
PII.

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each questionnaire contains definitions of key terms. The term Corporate Officer is defined in all attachments to encompass Senior Officers, a separately defined term. As proposed, each set of Standard Questions included a definition of Senior Officer, but only Attachment E/Broadcast Section 310b PDR included the term Senior Vice President in the definition as an example of a Senior Officer. MLB
states that the Standard Questions include separate definitions for corporate officer, senior officer, and director, even though the questions themselves do not distinguish between these categories because they seek the same information from all individuals in these managerial roles. With respect to Attachment E/Broadcast Section 310b PDR, NAB states that by only including Senior Vice President in this attachments definition of Senior Officer, it puts an undue and unjustified burden on broadcast petitioners because broadcasters assign the title of Senior Vice President to numerous employees, many of whom have no ability to make executive decisions at the company level. NAB
recommends that the term Senior Officer should be limited to those officers who have authority to make executive decisions at the company level.
9. We agree that the definition of Senior Officer should be modified to be consistent across all the Standard Questions. Specifically, as suggested by NAB, we modify the definition of Senior Officer to capture any individual with authority to act on behalf of the entity, not by an individuals title. In the Standard Questions, the definition of Senior Officer is modified to include: any individual that has actual or apparent authority to act on behalf of the Entity.
Depending upon the circumstances, such individuals could include the Chief Executive Officer, the President, Chief Financial Officer, Chief Information Officer, Senior Vice President, Chief Technical Officer, or Chief Operating Officer.
10. We reject MLBs suggestion to eliminate separate definitions for Remote Access and Managed Services. MLB questions why the terms Remote Access and Managed Services are defined separately, even though these features are functionally identical for the underlying information sought by the questions. MLB suggests condensing definitions in order to lessen the likelihood of confusion over terms that can be used interchangeably. . . . The Standard Questions define Remote Access as
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access from a point that is not physically co-located with the Applicants network facilities, or that is not at a point within the Applicants network. The term Managed Services is also referred to as Enterprise Services both of which are defined as the provision of a complete, end-to-end communications solution to customers. While it is possible that there may be situations in which an applicants Managed Services could include Remote Access, we do not view the terms as synonymous. We therefore retain the separate definitions of these two terms. For consistency with the questionnaires, we correct an omission and add the definitions of Remote Access and Managed Services to Attachment F/Common Carrier Wireless or Earth Station PDR.
11. MLB adds that the terms Controlling Interest and Immediate Owner are defined but not used in any questions. Contrary to MLBs claim, the term Controlling Interest is used in Attachment C/Submarine Cable Application, Question 3.16 However, after review of the other questionnaires, we observed that versions of this question are used in all other attachments without using the term Controlling Interest. For clarity and consistency, we modify this question in all other attachments to add the term Controlling Interest. We remove Immediate Owner from the definitions section of all Standard Questions as that term is not used in any subsequent questions.
12. We also recognize that the Standard Questions used inconsistent terms, and correct these inadvertent errors in each set of Standard Questions.
For example, we have revised all questionnaires so that they are consistent in the use of the defined terms Ultimate Owner and Ultimate Parent. In addition, questions in the proposed questionnaires inconsistently asked for information about Corporate Officers, Senior Officers, and Directors, or occasionally just Corporate Officers.17 We modify the questions 16 Attachment C/Submarine Cable Application, Question 3 states: Identify each Individual or Entity included as part of the submarine cable system Applicant, specifically identifying any foreign Entities or Foreign Government-controlled Entities, including the Ultimate Parent/Owner of the Applicant and any other Individuals/Entities holding an Ownership Interest in the chain of ownership, including a Controlling Interest in the Applicant.
17 For example, compare Attachment A/
International Section 214, Question 13, 35 FCC Rcd at 14916 Has the Applicant, any investor with an Ownership Interest in the Applicant, any of its Corporate Officers, or any associated foreign entities . . . , with Attachment B/International Section 214 Assignment or Transfer, Question 13,
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