85524 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 

Diagnostic 

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[FR Doc. 2020–26907 Filed 12–28–20; 8:45 am] 

BILLING CODE 8320–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 13, 17 and 97 

[WT Docket No. 19–212; FCC 20–126; FRS 

17235] 

Completing the Transition to 

Electronic Filing, Licenses and 

Authorizations, and Correspondence 

in the Wireless Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order, the 

Commission finalizes its transition to 

electronic interactions for licenses in 

the Wireless Radio Services. 

Specifically, the E-Licensing Report and 

Order: Eliminates existing exemptions 

to electronic filing in the FCC’s 

Universal Licensing System and require 

electronic filing in the Antenna 

Structure Registration system; requires 

electronic filing (and delivery of service) 

of pleadings related to these systems; 

requires applicants, licensees, and 

registrants to provide an email address 

on related FCC Forms; and shifts from 

paper to electronic delivery of 

Commission correspondence generated 

from these systems. Together, these 

changes will decrease costs for 

consumers and the Commission, 

enhance transparency of and public 

access to data, and save a substantial 

amount of paper annually. 

DATES: Effective June 29, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Patsas Nevitt, Wireless 

Telecommunications Bureau, Mobility 

Division, (202) 418–0638 or 

katherine.nevitt@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Report and Order in WT 

Docket No. 19–212, FCC 20–126, 

adopted September 16, 2020, and 

released September 17, 2020. The full 

text of the Report and Order is available 

for public inspection at the following 

internet address: https://docs.fcc.gov/ 

public/attachments/FCC-20-126A1_

Rcd.pdf. Alternative formats are 

available for people with disabilities 

(Braille, large print, electronic files, 

audio format), by sending an email to 

FCC504@fcc.gov or calling the 

Consumer and Governmental Affairs 

Bureau at 202–418–0530 (voice) or 202– 

418–0432 (TTY). 

Final Regulatory Flexibility Analysis 

The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that 

an agency prepare a regulatory 

flexibility analysis for notice and 

comment rulemakings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ Accordingly, 

the Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

concerning the possible impact of the 

rule changes contained in this Report 

and Order on small entities. As required 

by the Regulatory Flexibility Act, an 

Initial Regulatory Flexibility Analysis 

(IRFA) was incorporated in the notice of 

proposed rulemaking (NPRM) (84 FR 

51502, Sept. 30, 2019) released in 

September 2019 in this proceeding. The 

Commission sought written public 

comment on the proposals in the NPRM, 

including comments on the IRFA. No 

comments were filed addressing the 

IRFA. This FRFA conforms to the RFA. 

The Commission will send a copy of the 

Report and Order, Order of Proposed 

Modification, and Orders, including the 

FRFA, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

Paperwork Reduction Act 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Congressional Review Act 

The Commission will send a copy of 

the Report and Order to Congress and 

the Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

Synopsis 

I. Introduction 

1. In the Report and Order, the 

Commission finalizes its transition to 

electronic interactions for licenses in 

the Wireless Radio Services. 

Specifically, the E-Licensing Report and 

Order: (1) Eliminates existing 

exemptions to electronic filing in the 

FCC’s Universal Licensing System and 

require electronic filing in the Antenna 

Structure Registration system; (2) 

requires electronic filing (and delivery 

of service) of pleadings related to these 

systems; (3) requires applicants, 

licensees, and registrants to provide an 

email address on related FCC Forms; 

and (4) shifts from paper to electronic 

delivery of Commission correspondence 

generated from these systems. Together, 

these changes will decrease costs for 

consumers and the Commission, 

enhance transparency of and public 

access to data, and save a substantial 

amount of paper annually. 

II. Background 

2. The Commission manages 

applications for all Wireless Radio 

Service licenses through ULS. Related 

systems accept filings and work in 

conjunction with or alongside of ULS: 

The Antenna Structure Registration 

(ASR) System, the Tower Construction 

Notification System (TCNS), and the 

Electronic Section 106 (E–106) System. 

To promote safety in aircraft navigation, 

the Commission requires the owners of 

antenna structures to register with the 


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ASR System if their structures are above 

200 feet in height or are in close 

proximity to an airport’s runway. TCNS 

and the E–106 System advance the goal 

of the National Historic Preservation Act 

to protect historic properties, including 

Tribal religious and cultural sites. 

Collectively, these systems provide an 

efficient and transparent means to 

accept, review, and take action on the 

Commission’s Wireless Radio Service 

applications. 

3. The majority of applications filed 

in ULS today are electronic, as required 

by rule. But exceptions to mandatory 

electronic filing remain for the 

following services: (i) Part 90 Private 

Land Mobile Radio services for shared 

spectrum, spectrum in the public safety 

pool below 746 MHz, and spectrum in 

the public safety allocation above 746 

MHz, except those filed by FCC-certified 

frequency coordinators; (ii) part 97 

Amateur Radio Service, except those 

filed by Volunteer Examination 

Coordinators; (iii) part 95 General 

Mobile Service and Personal Radio 

Service, excluding 218–219 MHz 

service; (iv) part 80 Maritime Services, 

excluding VHF 156–162 MHz Public 

Coast Stations; (v) part 87 Aviation 

Services; (vi) part 13 Commercial Radio 

Operators (individual applicants only); 

and (vii) certain part 101 licensees who 

also fall under the exempted groups. 

4. Similarly, the overwhelming 

majority of ASR applications are filed 

electronically; however, applicants have 

the choice to file manually or 

electronically. Pleadings related to 

applications in ULS and ASR, such as 

petitions to deny, may be filed 

electronically through a pleadings portal 

in ULS, but there is no mandatory 

electronic filing requirement. TCNS is 

an electronic-only system, so all 

interactions with it are electronic by 

design. While communications facility 

notifiers generally use TCNS as the 

vehicle to fulfill their obligation to 

identify and contact Tribal Nations and 

Native Hawaiian Organizations, they are 

not required to use it if a Tribe or NHO 

expressed a preference for being 

contacted in another manner. In 

addition, while communications facility 

notifiers can provide information to 

State Historic Preservation Officers via 

certain FCC Forms, there is no 

requirement that they use the E–106 

system to submit these forms or 

otherwise file them electronically. 

III. Report and Order 

A. Electronic Filing 

1. Electronic Filing in ULS 

5. We find it in the public interest to 

eliminate the exemptions in § 1.913 of 

our rules that allow manual filings by 

applicants and licensees, and we 

instead mandate electronic filing for all 

Wireless Radio Services. This action 

furthers several longstanding 

Commission goals, including reducing 

regulatory burdens and environmental 

waste while streamlining our wireless 

services application process. It is also 

consistent with our Commission-wide 

efforts to digitize our systems and create 

efficient, user-friendly interactions with 

the agency. 

6. ULS currently provides licensees 

and applicants electronic filing 

capability for the vast majority of 

applications in the Wireless Radio 

Services, but there are a few limited 

categories of submissions that ULS is 

unable to accept electronically. The 

Wireless Telecommunications Bureau 

recently has implemented a solution 

that allows all such applications to be 

filed in the Commission’s Electronic 

Comment Filing System (ECFS). Thus, it 

is now possible for all applications in 

the Wireless Radio Services to be 

submitted electronically through one of 

the appropriate Commission e-filing 

systems. 

2. Electronic Filing in the ASR System 

7. We also require mandatory 

electronic filing of all applications in 

the ASR system. We believe there are 

many benefits to relying exclusively on 

electronic filing in the ASR system. 

Electronic submission is faster and less 

burdensome for applicants, less prone to 

errors resulting from processing of paper 

submissions. We agree that electronic 

filing in ASR is efficient, cost-effective, 

and reduces waste by eliminating 

unnecessary paper processes. Combined 

with the fact that the Commission 

already receives an overwhelming 

majority of ASR submissions 

electronically today, it is evident that a 

paper filing option is unnecessary. 

Accordingly, we revise the 

Commission’s rules to specify 

mandatory electronic filing in the ASR 

system. 

3. Reducing Paper Created by TCNS and 

E–106 

8. The Commission developed TCNS 

and E–106 as tools for meeting its 

obligations under the National Historic 

Preservation Act. The Commission 

delegates the responsibility to licensees 

and applicants for initiating the Section 

106 review process for the proposed 

facilities and for identifying and 

assessing potential adverse effects on 

historic properties. This process 

requires the Commission to consult with 

the appropriate State Historic 

Preservation Officers and Tribal Nations 

that have expressed an interest in the 

area of potential effect of a proposed 

project. Tribal Historic Preservation 

Officers may act in lieu of State Historic 

Preservation Officers for projects on 

Tribal lands. TCNS provides Tribes with 

preliminary electronic notification of 

proposed tower projects that potentially 

could impact historic properties of 

religious and cultural significance to 

Tribal Nations and Native Hawaiian 

Organizations. The E–106 System 

supports TCNS by allowing applicants 

to electronically submit the forms and 

cultural resources reports necessary for 

participating State Historic Preservation 

Officers, Tribal Historic Preservation 

Officers and consulting parties to 

complete the review process, as 

provided for in the Commission’s 

Nationwide Programmatic Agreement. 

9. We find that the existing TCNS and 

E–106 electronic filing systems, 

although voluntary, already automate 

and expedite the exchange of 

information and correspondence. In an 

effort to maximize the numerous 

benefits associated with electronic 

communications, however, we find that 

we can further reduce paperwork 

associated with these electronic 

systems. Accordingly, for State Historic 

Preservation Officers, we eliminate the 

paper mailing option for the Weekly 

Notice of Tower Construction 

Notification System Filings and will 

now deliver these courtesy notifications 

solely by email. With respect to E–106, 

we eliminate the courtesy paper mailing 

option of the Informational Notice of 

Section 106 Filings that summarizes 

proposed projects for applicants, 

consultants, and State Historic 

Preservation Officers that choose to use 

the E–106 system to review FCC Forms 

620 and 621 electronically. This notice 

will now be delivered solely by email, 

except in instances where Tribes or 

Native Hawaiian Organizations have 

requested paper notification 

preferences. 

B. E-Pleadings and E-Service for 

Wireless Radio Services Applications 

and Licenses 

10. The Commission adopts rules 

mandating electronic filing for all 

pleadings related to ULS and ASR 

licenses and applications and requiring 

electronic service of those pleadings 

where service is mandated. We find that 

requiring electronic filing of pleadings 

will provide several benefits to wireless 

licensees, applicants, and stakeholders, 

including cost savings, convenience, 

and speed. Electronic filing reduces 

paper, printing, and delivery expenses. 

It also is more convenient: Users can file 

documents nearly 24 hours a day, 7 


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days a week through the non-docketed 

pleadings module on the ULS 

homepage. In addition, electronic filings 

are transmitted nearly instantaneously, 

which facilitates faster communications 

with the Commission and makes those 

pleadings simultaneously available to 

other interested parties. Electronic filing 

also allows users to create a digital 

record and establish proof of delivery. 

11. Consistent with changes we make 

for electronic pleadings, we also require 

interested parties to submit 

electronically petitions, complaints, and 

requests for environmental review of 

proposed wireless communications 

facilities filed in accordance with the 

Commission’s NEPA rules. While we are 

confident that the vast majority of 

participants in the NEPA review process 

will have the capability to participate 

electronically, we recognize that some 

members of the public may lack internet 

access. We believe that the 

Commission’s waiver process is 

sufficient to provide relief from the 

requirement to electronically file such 

documents where parties are unable to 

file electronically or would be otherwise 

unreasonably burdened by such a 

requirement. Parties seeking such a 

waiver should include as part of their 

paper submission a request for waiver of 

the electronic filing requirement, and 

send that submission to the appropriate 

mailing address for the Commission 

Secretary. Parties should explain in 

their waiver requests why they are 

unable to file electronically or why it 

would be unreasonably burdensome for 

them to do so. 

12. Consistent with our decision to 

mandate electronic filings of pleadings, 

the Commission adopts rules mandating 

electronic service, where service is 

required. Specifically, we require all 

petitions, pleadings, and other 

documents associated with licensing 

matters in the Wireless Radio Services 

to be served electronically upon a party, 

his attorney, or other duly constituted 

agent to the email address listed in ULS. 

Given that all parties will be required to 

provide valid email addresses, service 

by email to such an address may be 

considered complete upon sending. A 

party that has failed to provide a valid 

email address may not object to the 

adequacy of service. We revise various 

part 1 rules to effectuate these changes. 

C. Email Address for Applications, 

Registrations, and Notifications 

13. We find it in the public interest to 

require the inclusion of email addresses 

for all new ULS and ASR applicants and 

all existing ULS licensees and ASR 

registrants that modify, renew, or 

otherwise touch their existing licenses 

and registrations. We encourage existing 

licensees and tower owners to update 

their licenses and registrations with an 

email address in order to receive 

electronically courtesy letters from the 

Commission going forward. This 

approach is consistent with the 

Commission’s efforts to modernize its 

legacy filing, communications, and 

information retention systems and is 

necessary to effectuate the rules we 

adopt in this document requiring 

electronic delivery of all 

correspondence between the 

Commission and ULS and ASR 

applicants and registrants. 

14. Having valid, up-to-date email 

addresses on file will ensure that the 

Commission can shift its current process 

of delivering correspondence generated 

by ULS and the ASR System from postal 

mail to email. We also find that 

requiring an email address is not unduly 

burdensome for applicants and 

licensees. Rather, this action reflects a 

practice already adopted by the vast 

majority of our system’s users and 

would otherwise pose a minor change in 

practices for the few filers who have not 

yet adopted such practices. Once an 

email address is required on the 

relevant FCC Forms, the Commission 

may dismiss as defective an application 

if an email address is not included. 

15. To increase the number of email 

addresses on file and expand the 

Commission’s use of electronic 

correspondence, we encourage existing 

licensees and tower owners to complete 

administrative updates to existing 

licenses and registrations in order to 

receive courtesy letters from the 

Commission. With the rules adopted in 

this document, courtesy letters will only 

be sent electronically to licensees and 

tower owners with email addresses on 

file; those without email addresses on 

file will not receive any courtesy letters. 

Licensees and tower owners seeking to 

receive such courtesy letters should 

therefore complete administrative 

updates to their existing licenses and 

registrations to continue receiving such 

correspondence. Beyond courtesy 

letters, we also find that encouraging 

licensees and tower owners to update 

their existing licenses and registrations 

will facilitate the Commission’s 

transition to electronic correspondence 

more broadly. 

D. Electronic Notices, Correspondence, 

and Alerts 

16. In this Report and Order, the 

Commission adopts rules mandating 

electronic delivery for all ULS and ASR 

compulsory and courtesy 

correspondence and eliminating the 

ability to request the Commission to 

mail hard copies of authorization and 

letters. We find it in the public interest 

to transition to electronic 

correspondence, which reduces 

regulatory burdens and environmental 

waste and makes interactions with the 

Commission more accessible and 

efficient. Mandating e-correspondence 

and eliminating the ability to request 

that Bureaus mail hard copies of 

authorizations produces several benefits 

with no offsetting costs, given that users 

can access and download their official 

authorizations, leases, registrations, and 

all related correspondence from the ULS 

and ASR System at any time. 

17. The Commission’s previous 

actions transitioning to ecorrespondence produced several 

benefits, which we expand upon in this 

document by shifting from mail to 

electronic delivery of correspondence 

generated by ULS and the ASR system. 

We find that shifting to electronic 

correspondence is timely and 

reasonable, reduces costs and increases 

efficiency. Most businesses operate 

electronically, and electronic 

correspondence is an expedient and 

reliable form of communication and 

ensures a streamlined and efficient 

process. In addition, we find it in the 

public interest to replace our traditional 

physical mailing processes with less 

expensive electronic alternatives to 

reduce the Commission’s expenses. 

18. Substance of Email Delivery.—We 

find that including the actual substance 

of the correspondence in the email is 

the most efficient way to transmit 

critical Commission communications 

and will increase the accessibility and 

speed of communications with our 

systems’ users. We find that including 

the actual substance of the 

communications in the email itself is 

more efficient than proposed 

alternatives, and is supported by the 

record. Therefore, all email 

correspondence will include the in the 

body of the message: (1) Applicant 

name(s), (2) FCC Registration Numbers, 

(3) any applicable file numbers, (4) a list 

of any applicable call signs, (5) the 

subject of the communication (e.g., 

application return, construction 

notification reminder, etc.), and (6) the 

disposition of the action. In other 

words, the Commission is taking the 

same correspondence that was 

previously in a mailed letter and 

shifting the content of that letter to the 

email message. 

19. To ensure that an email is 

received by the appropriate recipient, 

users may list up to two email addresses 

associated with their license or 

application. Allowing up to two email 

addresses is consistent with the current 


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practice in ULS today; as the 

Commission continues to modernize its 

ULS platform going forward, it will 

consider the ability to allow more than 

two email addresses, as some 

commenters recommend. For the same 

reasons, we also will continue to allow 

users to designate a ‘‘primary’’ and 

‘‘secondary’’ address for all or certain 

correspondence. 

20. To reduce the risk that a message 

is mistaken as phishing or junk mail, the 

subject line of the email will include the 

description of the action and 

application type. We find that providing 

this information in the subject line, 

along with the Sender’s address ending 

in ‘‘fcc.gov,’’ will help assure recipients 

that the message is official Commission 

correspondence and reduce the risk that 

an email is mistaken as phishing or junk 

mail. We remind users that they may 

adjust their email settings to recognize 

Commission messages to ensure that 

Commission messages are not 

erroneously diverted to junk mail. The 

information contained in these emails 

can also be independently verified by 

logging into ULS, and consumers are 

familiar with these practices through 

dealings with all major banks and 

businesses. Copies of all such 

correspondence are contained in ULS or 

ASR under ‘‘Automated Letters’’ or 

‘‘Letters’’ for the relevant application or 

license, which provides another way for 

users to verify their authenticity. Users 

responding to such Commission 

communication will do so by filing 

applications (or amending pending 

applications) in ULS and ASR, not via 

email. 

21. The Commission’s longstanding 

practice of reviewing the message for 

errors and attempting to deliver the 

message a second time has proven 

successful when physical mail is 

returned as undeliverable, and we find 

that the same approach is appropriate 

for handling undeliverable emails. We 

are putting in place rules that will allow 

the Bureaus to offer enhanced 

capabilities in the future and will 

consider and weigh the benefits and 

costs of such an alerting system or other 

mechanisms going forward as we 

continue to modernize ULS. 

E. Transition Deadline 

22. As of the effective date of this 

Order, we will no longer print and mail 

paper authorizations. All notification 

preferences will be automatically set or 

reset to receive electronic licenses, and 

all licensees can download and print 

official copies of their licenses in ULS 

License Manager. We otherwise set a 

transition deadline for the decisions in 

this document regarding mandatory efiling, mandatory email address 

submission, and the Bureaus’ shift to 

electronic correspondence, of six 

months from the effective date of this 

Report and Order. 

IV. Procedural Matters 

23. Regulatory Flexibility Analysis. 

The Regulatory Flexibility Act of 1980, 

as amended (RFA) requires that an 

agency prepare a regulatory flexibility 

analysis for notice and comment 

rulemakings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

Accordingly, the Commission has 

prepared a Final Regulatory Flexibility 

Analysis (FRFA) relating to the possible 

impact of the rule changes contained in 

the Report and Order. The FRFA is set 

forth in Appendix C of the Report and 

Order. 

24. Paperwork Reduction Analysis. 

This Report and Order does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

25. Congressional Review Act. The 

Commission will submit this draft 

Report & Order to the Administrator of 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, for concurrence as to whether 

this rule is ‘‘major’’ or ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

V. Ordering Clauses 

26. Accordingly, It Is Ordered that, 

pursuant to the authority found in 

sections 1, 4(i), and 303 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 303, 

this Report and Order Is Hereby 

Adopted. 

27. It Is Further Ordered that parts 1, 

13, 17, and 97 of the Commission’s 

rules, 47 CFR parts 1, 13, 17, and 97, 

Are Amended as set forth in the Final 

Rules, and such rule amendments shall 

be effective six months after the date of 

publication in the Federal Register. 

28. It Is Further Ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, Shall Send a copy 

of this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

29. It Is Further Ordered that the 

Commission Shall Send a copy of this 

Report and Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Parts 1, 13, 

17, and 97 

Administrative practice and 

procedure, Amateur radio service, 

Antenna structure registration, 

Commercial radio operators, 

Environmental impact statements, 

National Environmental Policy Act, 

Radio, Telecommunications, Wireless 

radio service applications. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 1, 13, 

17, and 97 as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 

U.S.C. 2461, unless otherwise noted. 

Subpart A—General Rules of Practice 

and Procedure 

■ 2. Amend § 1.5 by revising paragraph 

(a) to read as follows: 

§ 1.5 Mailing address furnished by 

licensee. 

(a) Each licensee shall furnish the 

Commission with an address to be used 

by the Commission in serving 

documents or directing correspondence 

to that licensee. Unless any licensee 

advises the Commission to the contrary, 

the address contained in the licensee’s 

most recent application will be used by 

the Commission for purposes of this 

paragraph (a). For licensees in the 

Wireless Radio Services, each licensee 

shall also furnish the Commission with 

an email address to be used by 

Commission for serving documents or 

directing correspondence to that 

licensee; correspondence sent to such 

email address is deemed to have been 

served on the licensee. 

* * * * * 

■ 3. Revise § 1.12 to read as follows: 


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§ 1.12 Notice to attorneys of Commission 

documents. 

In any matter pending before the 

Commission in which an attorney has 

appeared for, submitted a document on 

behalf of or been otherwise designated 

by a person, any notice or other written 

communication pertaining to that matter 

issued by the Commission and which is 

required or permitted to be furnished to 

the person will be communicated to the 

attorney, or to one of such attorneys if 

more than one is designated. If direct 

communication with the party is 

appropriate, a copy of such 

communication will be mailed to the 

attorney; or for matters involving 

Wireless Radio Services, emailed to the 

attorney instead of mailed. 

■ 4. Section 1.41 is revised to read as 

follows: 

§ 1.41 Informal requests for Commission 

action. 

Except where formal procedures are 

required under the provisions of this 

chapter, requests for action may be 

submitted informally. Requests should 

set forth clearly and concisely the facts 

relied upon, the relief sought, the 

statutory and/or regulatory provisions 

(if any) pursuant to which the request is 

filed and under which relief is sought, 

and the interest of the person submitting 

the request. In application and licensing 

matters pertaining to the Wireless Radio 

Services, as defined in § 1.904, such 

requests must be submitted 

electronically, via the ULS, and the 

request must include an email address 

for receiving electronic service. See 

§ 1.47(d). 

■ 5. Revise the introductory text of 

§ 1.45 to read as follows: 

§ 1.45 Pleadings; filing periods. 

Except as otherwise provided in this 

chapter, pleadings in Commission 

proceedings shall be filed in accordance 

with the provisions of this section. 

Pleadings associated with licenses, 

applications, waivers, and other 

documents in the Wireless Radio 

Services must be filed via the ULS, and 

persons other than applicants or 

licensees filing pleadings in ULS must 

provide an email address to receive 

electronic service. See § 1.47(d). 

* * * * * 

■ 6. Amend § 1.47 by revising 

paragraphs (a) and (d) through (g) to 

read as follows: 

§ 1.47 Service of documents and proof of 

service. 

(a) Where the Commission or any 

person is required by statute or by the 

provisions of this chapter to serve any 

document upon any person, service 

shall (in the absence of specific 

provisions in this chapter to the 

contrary) be made in accordance with 

the provisions of this section. 

Documents that are required to be 

served by the Commission in agency 

proceedings (i.e., not in the context of 

judicial proceedings, Congressional 

investigations, or other proceedings 

outside the Commission) may be served 

in electronic form. Documents 

associated with licenses, applications, 

waivers, and other requests in the 

Wireless Radio Services that are 

required to be served by the 

Commission in agency proceedings 

must be served in electronic form. In 

proceedings involving a large number of 

parties, and unless otherwise provided 

by statute, the Commission may satisfy 

its service obligation by issuing a public 

notice that identifies the documents 

required to be served and that explains 

how parties can obtain copies of the 

documents. 

Note 1 to paragraph (a): Paragraph (a) 

of this section grants staff the authority 

to decide upon the appropriate format 

for electronic notification in a particular 

proceeding, consistent with any 

applicable statutory requirements. The 

Commission expects that service by 

public notice will be used only in 

proceedings with 20 or more parties. 

* * * * * 

(d) Except in formal complaint 

proceedings against common carriers 

under §§ 1.720 through 1.740 and 

proceedings related to the Wireless 

Radio Services under subpart F of this 

part, documents may be served upon a 

party, his attorney, or other duly 

constituted agent by delivering a copy 

or by mailing a copy to the last known 

address. Documents that are required to 

be served must be served in paper form, 

even if documents are filed in electronic 

form with the Commission, unless the 

party to be served agrees to accept 

service in some other form. Petitions, 

pleadings, and other documents 

associated with licensing matters in the 

Wireless Radio Services must be served 

electronically upon a party, his attorney, 

or other duly constituted agent by 

delivering a copy by email to the email 

address listed in the Universal 

Licensing System (ULS). If a filer is not 

an applicant or licensee, the document 

must include an email address for 

receiving electronic service. 

(e) Delivery of a copy pursuant to this 

section means handing it to the party, 

his attorney, or other duly constituted 

agent; or leaving it with the clerk or 

other person in charge of the office of 

the person being served; or, if there is 

no one in charge of such office, leaving 

it in a conspicuous place therein; or, if 

such office is closed or the person to be 

served has no office, leaving it at his 

dwelling house or usual place of abode 

with some person of suitable age and 

discretion then residing therein. For 

pleadings, petitions, and other 

documents associated with licensing 

matters in the Wireless Radio Services, 

delivery of a copy pursuant to this 

section is complete by sending it by 

email to the email addresses listed in 

the ULS, or to the email address of the 

applicant’s or licensee’s attorney 

provided in a pleading or other 

document served on the filer. 

(f) Service by mail is complete upon 

mailing. Service by email is complete 

upon sending to the email address listed 

in the ULS for a particular license, 

application, or filing. 

(g) Proof of service, as provided in 

this section, shall be filed before action 

is taken. The proof of service shall show 

the time and manner of service, and 

may be by written acknowledgement of 

service, by certificate of the person 

effecting the service, or by other proof 

satisfactory to the Commission. Failure 

to make proof of service will not affect 

the validity of the service. The 

Commission may allow the proof to be 

amended or supplied at any time, unless 

to do so would result in material 

prejudice to a party. Proof of electronic 

service shall show the email address of 

the person making the service, in 

addition to that person’s residence or 

business address; the date and time of 

the electronic service; the name and 

email address of the person served; and 

that the document was served 

electronically. 

* * * * * 

■ 7. Amend § 1.49 by revising paragraph 

(e) to read as follows: 

§ 1.49 Specifications as to pleadings and 

documents. 

* * * * * 

(e) Petitions, pleadings, and other 

documents associated with licensing 

matters in the Wireless Radio Services 

must be filed electronically in ULS. See 

§ 22.6 of this chapter for specifications. 

* * * * * 

■ 8. Amend § 1.51 by revising 

paragraphs (f) and (h) to read as follows: 

§ 1.51 Number of copies of pleadings, 

briefs, and other papers. 

* * * * * 

(f) For application and licensing 

matters involving the Wireless Radio 

Services, pleadings, briefs or other 

documents must be filed electronically 

in ULS. 

* * * * * 


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(h) Pleadings, briefs or other 

documents filed electronically in ULS 

by a party represented by an attorney 

shall include the name, street address, 

email address, and telephone number of 

at least one attorney of record. Parties 

not represented by an attorney that files 

electronically in ULS shall provide their 

name, street address, email address, and 

telephone number. 

■ 9. Section 1.52 is amended by adding 

a sentence after the first two sentences 

to read as follows: 

§ 1.52 Subscription and verification. 

* * * Pleadings, petitions, and other 

documents related to licensing matters 

in the Wireless Radio Services shall be 

signed by at least one attorney of record 

in his individual name or by the party 

who is not represented by an attorney 

and shall include his email and physical 

mailing address. 

* * * * * 

■ 10. Section 1.85 is revised to read as 

follows: 

§ 1.85 Suspension of operator licenses. 

Whenever grounds exist for 

suspension of an operator license, as 

provided in section 303(m) of the 

Communications Act, the Chief of the 

Wireless Telecommunications Bureau, 

with respect to amateur and commercial 

radio operator licenses, may issue an 

order suspending the operator license. 

No order of suspension of any operator’s 

license shall take effect until 15 days’ 

notice in writing of the cause for the 

proposed suspension has been given to 

the operator licensee, who may make 

written application to the Commission 

at any time within the said 15 days for 

a hearing upon such order. The notice 

to the operator licensee shall not be 

effective until actually received by him, 

and from that time he shall have 15 days 

in which to email the said application. 

In the event that conditions prevent 

emailing of the application before the 

expiration of the 15-day period, the 

application shall then be emailed as 

soon as possible thereafter, 

accompanied by a satisfactory 

explanation of the delay. Upon receipt 

by the Commission of such application 

for hearing, said order of suspension 

shall be designated for hearing by the 

Chief, Wireless Telecommunications 

Bureau and said suspension shall be 

held in abeyance until the conclusion of 

the hearing. Upon the conclusion of said 

hearing, the Commission may affirm, 

modify, or revoke said order of 

suspension. If the license is ordered 

suspended, the operator shall send his 

operator license to the Mobility 

Division, Wireless Telecommunications 

Bureau, in Washington, DC, on or before 

the effective date of the order, or, if the 

effective date has passed at the time 

notice is received, the license shall be 

sent to the Commission forthwith. 

■ 11. Amend § 1.87 by revising 

paragraphs (a) and (b) to read as follows: 

§ 1.87 Modification of license or 

construction permit on motion of the 

Commission. 

(a) Whenever it appears that a station 

license or construction permit should be 

modified, the Commission shall notify 

the licensee or permittee in writing of 

the proposed action and reasons 

therefor, and afford the licensee or 

permittee at least thirty days to protest 

such proposed order of modification, 

except that, where safety of life or 

property is involved, the Commission 

may by order provide a shorter period 

of time. 

(b) The notification required in 

paragraph (a) of this section may be 

effectuated by a notice of proposed 

rulemaking in regard to a modification 

or addition of an FM or television 

channel to the Table of Allotments 

(§§ 73.202 and 73.504 of this chapter) or 

Table of Assignments (§ 73.606 of this 

chapter). The Commission shall send a 

copy of any such notice of proposed 

rulemaking to the affected licensee or 

permittee by email. For modifications 

involving Wireless Radio Services, the 

Commission shall notify the licensee or 

permittee by email of the proposed 

action and reasons therefor, and afford 

the licensee or permittee at least thirty 

days to protest such proposed order of 

modification, except that: 

(1) Where safety of life or property is 

involved, the Commission may by order 

provide a shorter period of time; and 

(2) Where the notification required in 

paragraph (a) of this section is 

effectuated by publication in the 

Federal Register, the Commission shall 

afford the licensee or permittee at least 

thirty days after publication in the 

Federal Register to protest such 

proposed order of modification. 

* * * * * 

■ 12. Amend § 1.106 by revising 

paragraphs (i) and (o) to read as follows: 

§ 1.106 Petitions for reconsideration in 

non-rulemaking proceedings. 

* * * * * 

(i) Petitions for reconsideration, 

oppositions, and replies shall conform 

to the requirements of §§ 1.49, 1.51, and 

1.52 and, except for those related to 

licensing matters in the Wireless Radio 

Service and addressed in paragraph (o) 

of this section, shall be submitted to the 

Secretary, Federal Communications 

Commission, Washington, DC 20554, by 

mail, by commercial courier, by hand, 

or by electronic submission through the 

Commission’s Electronic Comment 

Filing System or other electronic filing 

system (such as ULS). Petitions 

submitted only by electronic mail and 

petitions submitted directly to staff 

without submission to the Secretary 

shall not be considered to have been 

properly filed. Parties filing in 

electronic form need only submit one 

copy. 

* * * * * 

(o) Petitions for reconsideration of 

licensing actions, as well as oppositions 

and replies thereto, that are filed with 

respect to the Wireless Radio Services, 

must be filed electronically via ULS. 

* * * * * 

Subpart F—Wireless Radio Services 

Applications and Proceedings 

■ 13. Amend § 1.913 by removing and 

reserving paragraph (d) and revising 

paragraphs (e) and (f) to read as follows: 

§ 1.913 Applications and notification 

forms; electronic filing. 

* * * * * 

(e) Applications requiring prior 

coordination. Parties filing applications 

that require frequency coordination 

shall, prior to filing, complete all 

applicable frequency coordination 

requirements in service-specific rules 

contained within this chapter. After 

appropriate frequency coordination, 

such applications must be electronically 

filed via ULS. Applications filed by the 

frequency coordinator on behalf of the 

applicant must be filed electronically. 

(f) Applications for amateur licenses. 

Each candidate for an amateur radio 

operator license which requires the 

applicant to pass one or more 

examination elements must present the 

administering Volunteer Examiners (VE) 

with all information required by this 

section prior to the examination. The 

VEs may collect the information 

required by this section in any manner 

of their choosing, including creating 

their own forms. Upon completion of 

the examination, the administering VEs 

will immediately grade the test papers 

and will then issue a certificate for 

successful completion of an amateur 

radio operator examination (CSCE) if the 

applicant is successful. The VEs will 

send all necessary information regarding 

a candidate to the Volunteer-Examiner 

Coordinator (VEC) coordinating the 

examination session. Applications filed 

with the Commission by VECs and all 

other applications for amateur service 

licenses must be filed electronically via 

ULS. Feeable requests for vanity call 

signs must be filed in accordance with 


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§ 0.401 of this chapter or electronically 

filed via ULS. 

* * * * * 

■ 14. Amend § 1.917 by revising 

paragraph (d) to read as follows: 

§ 1.917 Who may sign applications. 

* * * * * 

(d) ‘‘Signed,’’ as used in this section, 

means, for manually filed applications 

only, an original hand-written signature 

or, for electronically filed applications 

only, an electronic signature. An 

electronic signature shall consist of the 

name of the applicant transmitted 

electronically via ULS or any other 

electronic filing interface the 

Commission may designate and entered 

on the application as a signature. 

■ 15. Amend § 1.923 by revising 

paragraph (i) to read as follows: 

§ 1.923 Content of applications. 

* * * * * 

(i) Email address. Unless an exception 

is set forth elsewhere in this chapter, 

each applicant must specify an email 

address where the applicant can receive 

electronic correspondence. This email 

address will be used by the Commission 

to serve documents or direct 

correspondence to the applicant. Any 

correspondence sent to the email 

address currently on file shall be 

deemed to have been served on the 

applicant. Each applicant should also 

provide a United States Postal Service 

address. 

■ 16. Amend § 1.929 by revising 

paragraph (k)(3) to read as follows: 

§ 1.929 Classification of filings as major or 

minor. 

* * * * * 

(k) * * * 

(3) Any email or physical mailing 

address and/or telephone number 

changes; 

* * * * * 

■ 17. Amend § 1.939 by revising 

paragraph (b) to read as follows: 

§ 1.939 Petitions to deny. 

* * * * * 

(b) Filing of petitions. Petitions to 

deny and related pleadings must be 

filed electronically via ULS. Petitions to 

deny and related pleadings must 

reference the file number of the pending 

application that is the subject of the 

petition. 

* * * * * 

■ 18. Amend § 1.947 by revising 

paragraph (b) to read as follows: 

§ 1.947 Modification of licenses. 

* * * * * 

(b) Licensees may make minor 

modifications to station authorizations, 

as defined in § 1.929 (other than pro 

forma transfers and assignments), as a 

matter of right without prior 

Commission approval. Where other 

rules in this part permit licensees to 

make permissive changes to technical 

parameters without notifying the 

Commission (e.g., adding, modifying, or 

deleting internal sites), no notification is 

required. For all other types of minor 

modifications (e.g., name, email or 

physical mailing address, point of 

contact changes), licensees must notify 

the Commission by filing FCC Form 601 

within thirty (30) days of implementing 

any such changes. 

* * * * * 

Subpart I—Procedures Implementing 

the National Environmental Policy Act 

of 1969 

■ 19. Section 1.1304 is revised to read 

as follows: 

§ 1.1304 Information, assistance, and 

waiver of electronic filing and service 

requirements. 

(a) For general information and 

assistance concerning the provisions of 

this subpart, the Office of General 

Counsel may be contacted, (202) 418– 

1700. For more specific information, the 

Bureau responsible for processing a 

specific application should be 

contacted. 

(b) All submissions relating to this 

subpart shall be made electronically. If 

an interested party is unable to submit 

or serve a filing electronically, or if it 

would be unreasonably burdensome to 

do so, such party may submit its filing 

on paper to the appropriate address for 

the Commission Secretary and serve the 

filing on other parties by mail. Such 

party should include as part of its paper 

submission a request for waiver of the 

electronic filing requirement. Such 

waiver request must contain an 

explanation addressing the requestor’s 

inability to file electronically or why 

electronic filing would be unreasonably 

burdensome. Either showing will be 

sufficient to obtain a waiver under this 

section. 

■ 20. Amend § 1.1307 by: 

■ a. Revising paragraph (b) introductory 

text; 

■ b. In paragraph (c), revising the first 

sentence, adding a sentence after the 

first sentence, and revising the 

parenthetical sentence; and 

■ c. Revising the first sentence of 

paragraph (d). 

The revisions read as follows: 

§ 1.1307 Actions that may have a 

significant environmental effect, for which 

Environmental Assessments (EAs) must be 

prepared. 

* * * * * 

(b) In addition to the actions listed in 

paragraph (a) of this section, 

Commission actions granting 

construction permits, licenses to 

transmit or renewals thereof, equipment 

authorizations or modifications in 

existing facilities, require the 

preparation of an Environmental 

Assessment (EA) if the particular 

facility, operation, or transmitter would 

cause human exposure to levels of 

radiofrequency radiation in excess of 

the limits in §§ 1.1310 and 2.1093 of 

this chapter. Applications to the 

Commission for construction permits, 

licenses to transmit or renewals thereof, 

equipment authorizations or 

modifications in existing facilities must 

contain a statement confirming 

compliance with the limits unless the 

facility, operation, or transmitter is 

categorically excluded, as discussed in 

paragraphs (b)(1) through (3) of this 

section. Technical information showing 

the basis for this statement must be 

electronically submitted to the 

Commission upon request. Such 

compliance statements may be omitted 

from license applications for 

transceivers subject to the certification 

requirement in § 25.129 of this chapter. 

* * * * * 

(c) If an interested person alleges that 

a particular action, otherwise 

categorically excluded, will have a 

significant environmental effect, the 

person shall electronically submit to the 

Bureau responsible for processing that 

action a written petition setting forth in 

detail the reasons justifying or 

circumstances necessitating 

environmental consideration in the 

decision-making process. If an 

interested person is unable to submit 

electronically or if filing electronically 

would be unreasonably burdensome, 

such person may submit the petition by 

mail, with a request for waiver under 

§ 1.1304(b). (See § 1.1313). * * * 

(d) If the Bureau responsible for 

processing a particular action, otherwise 

categorically excluded, determines that 

the proposal may have a significant 

environmental impact, the Bureau, on 

its own motion, shall require the 

applicant to electronically submit an 

EA. * * * 

* * * * * 

■ 21. Section 1.1309 is revised to read 

as follows: 

§ 1.1309 Application amendments. 

Applicants are permitted to amend 

their applications to reduce, minimize, 


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or eliminate potential environmental 

problems. Amendments shall be made 

electronically. As a routine matter, an 

applicant will be permitted to amend its 

application within thirty (30) days after 

the Commission or the Bureau informs 

the applicant that the proposal will have 

a significant impact upon the quality of 

the human environment (see 

§ 1.1308(c)). The period of thirty (30) 

days may be extended upon a showing 

of good cause. 

■ 22. Amend § 1.1312 by revising 

paragraph (b) to read as follows: 

§ 1.1312 Facilities for which no 

preconstruction authorization is required. 

* * * * * 

(b) If a facility covered by paragraph 

(a) of this section may have a significant 

environmental impact, the information 

required by § 1.1311 shall be submitted 

electronically by the licensee or 

applicant and ruled on by the 

Commission, and environmental 

processing (if invoked) shall be 

completed, see § 1.1308, prior to the 

initiation of construction of the facility. 

* * * * * 

■ 23. Section 1.1313 is revised to read 

as follows: 

§ 1.1313 Objections. 

(a) In the case of an application to 

which section 309(b) of the 

Communications Act applies, objections 

based on environmental considerations 

shall be filed electronically as petitions 

to deny. If the interested person is 

unable to file electronically or if filing 

electronically would be unreasonably 

burdensome, such person may submit 

the petition by mail, with a request for 

waiver under § 1.1304(b). 

(b) Informal objections which are 

based on environmental considerations 

must be filed electronically prior to 

grant of the construction permit, or prior 

to authorization for facilities that do not 

require construction permits, or 

pursuant to the applicable rules 

governing services subject to lotteries. If 

the interested person is unable to file 

electronically or if filing electronically 

would be unreasonably burdensome, 

such person may submit the objection 

by mail, with a request for waiver under 

§ 1.1304(b). 

■ 24. Amend § 1.1314 by revising 

paragraph (f) to read as follows: 

§ 1.1314 Environmental impact statements 

(EISs). 

* * * * * 

(f) The Application, the EA, the DEIS, 

and the FEIS and all related documents, 

including the comments filed by the 

public and any agency, shall be part of 

the administrative record and will be 

routinely available for public 

inspection. All documents and 

comments shall be filed electronically. 

* * * * * 

■ 25. Amend § 1.1315 by revising 

paragraphs (b) through (e) to read as 

follows: 

§ 1.1315 The Draft Environmental Impact 

Statement (DEIS); Comments. 

* * * * * 

(b) When a DEIS and supplements, if 

any, are prepared, the Commission shall 

file the Statement with the Office of 

Federal Activities, Environmental 

Protection Agency, consistent with its 

procedures. Public Notice of the 

availability of the DEIS will be 

published in the Federal Register by the 

Environmental Protection Agency. 

(c) When copies or summaries of the 

DEIS are sent to the Environmental 

Protection Agency, the copies or 

summaries will be electronically mailed 

with a request for comment to Federal 

agencies having jurisdiction by law or 

special expertise, to the Council on 

Environmental Quality, to the applicant, 

to individuals, groups and state and 

local agencies known to have an interest 

in the environmental consequences of a 

grant, and to any other person who has 

requested a copy. If an interested person 

lacks access to electronic mail and 

requests a hard copy or summary of the 

DEIS, it must be provided by mail. 

(d) Any person or agency may 

comment on the DEIS and the 

environmental effect of the proposal 

described therein within 45 days after 

notice of the availability of the 

statement is published in the Federal 

Register. A copy of those comments 

shall be electronically mailed to the 

applicant by the person who files them 

pursuant to § 1.47 and filed 

electronically with the Commission. If 

the interested person is unable to file 

electronically or mail the copy 

electronically, or if it would be 

unreasonably burdensome to do so, 

such person may submit the comments 

to the Commission and the applicant by 

mail, with a request for waiver under 

§ 1.1304(b). If a person submitting 

comments is especially qualified in any 

way to comment on the environmental 

impact of the facilities, a statement of 

his or her qualifications shall be set out 

in the comments. In addition, comments 

submitted by an agency shall identify 

the person(s) who prepared them. 

(e) The applicant may electronically 

file reply comments within 15 days after 

the time for filing comments has 

expired. Reply comments shall be filed 

with the Commission and served by the 

applicant on persons or agencies which 

filed comments. 

* * * * * 

PART 13—COMMERCIAL RADIO 

OPERATORS 

■ 26. The authority citation for part 13 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303. 

■ 27. Amend § 13.9 by revising 

paragraph (c) to read as follows: 

§ 13.9 Eligibility and application for new 

license or endorsement. 

* * * * * 

(c) Each application for a new General 

Radiotelephone Operator License, 

Marine Radio Operator Permit, 

Radiotelegraph Operator License, Ship 

Radar Endorsement, GMDSS Radio 

Operator’s License, Restricted GMDSS 

Radio Operator’s License, GMDSS Radio 

Maintainer’s License, or GMDSS Radio 

Operator/Maintainer License must be 

accompanied by the required fee, if any, 

and submitted in accordance with 

§ 1.913 of this chapter. The application 

must include an electronic copy of the 

official PPC(s) from a COLEM(s) 

showing that the applicant has passed 

the necessary examination Element(s) 

within the previous 365 days when the 

applicant files the application. If a 

COLEM files the application on behalf 

of the applicant, an official copy of the 

PPC(s) is not required. However, the 

COLEM must keep the PPC(s) on file for 

a period of 1 year. When acting on 

behalf of qualified examinees, the 

COLEM must forward all required data 

to the FCC electronically. 

* * * * * 

■ 28. Section 13.10 is revised to read as 

follows: 

§ 13.10 Licensee address. 

In accordance with § 1.923 of this 

chapter, all applicants (except 

applicants for a Restricted 

Radiotelephone Operator Permit or a 

Restricted Radiotelephone Operator 

Permit-Limited Use) must specify an 

email address where the applicant can 

receive electronic correspondence. 

Suspension of the operator license may 

result when correspondence from the 

FCC is returned as undeliverable 

because the applicant failed to provide 

the correct email address. 

PART 17—CONSTRUCTION, 

MARKING, AND LIGHTING OF 

ANTENNA STRUCTURES 

■ 29. The authority citation for part 17 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 303, 309. 


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■ 30. Amend § 17.4 by revising 

paragraphs (b), (c)(1)(ii) and (iv), 

(c)(5)(ii), (e), and (f) to read to read as 

follows: 

§ 17.4 Antenna structure registration. 

* * * * * 

(b) Except as provided in paragraph 

(e) of this section, each owner of an 

antenna structure described in 

paragraph (a) of this section must 

electronically file FCC Form 854 with 

the Commission. Additionally, each 

owner of a proposed structure referred 

to in paragraph (a) of this section must 

submit a valid FAA determination of 

‘‘no hazard.’’ In order to be considered 

valid by the Commission, the FAA 

determination of ‘‘no hazard’’ must not 

have expired prior to the date on which 

FCC Form 854 is received by the 

Commission. The height of the structure 

will be the highest point of the structure 

including any obstruction lighting or 

lightning arrester. If an antenna 

structure is not required to be registered 

under paragraph (a) of this section and 

it is voluntarily registered with the 

Commission after October 24, 2014, the 

registrant must note on FCC Form 854 

that the registration is voluntary. 

Voluntarily registered antenna 

structures are not subject to the lighting 

and marking requirements contained in 

this part. 

(c) * * * 

(1) * * * 

(ii) For a reduction in height of an 

antenna structure or an increase in 

height that does not constitute a 

substantial increase in size as defined in 

paragraph I(E)(1)–(3) of appendix B to 

part 1 of this chapter, provided that 

there is no construction or excavation 

more than 30 feet beyond the existing 

antenna structure property; 

* * * * * 

(iv) For replacement of an existing 

antenna structure at the same 

geographic location that does not 

require an Environmental Assessment 

(EA) under § 1.1307(a) through (d) of 

this chapter, provided the new structure 

will not use a less preferred lighting 

style, there will be no substantial 

increase in size as defined in paragraph 

I(E)(1)–(3) of appendix B to part 1 of this 

chapter, and there will be no 

construction or excavation more than 30 

feet beyond the existing antenna 

structure property; 

* * * * * 

(5) * * * 

(ii) Content. An Environmental 

Request must state why the interested 

person or entity believes that the 

proposed antenna structure or physical 

modification of an existing antenna 

structure may have a significant impact 

on the quality of the human 

environment for which an 

Environmental Assessment must be 

considered by the Commission as 

required by § 1.1307 of this chapter, or 

why an Environmental Assessment 

submitted by the prospective Antenna 

Structure Registration (ASR) applicant 

does not adequately evaluate the 

potentially significant environmental 

effects of the proposal. The Request 

must be submitted as a written petition 

filed electronically, setting forth in 

detail the reasons supporting 

Requester’s contentions. If the filer is 

unable to submit electronically, or if 

filing electronically would be 

unreasonably burdensome, the Request 

may be submitted by mail, with a 

request for waiver under § 1.1304(b) of 

this chapter. 

* * * * * 

(e) If the owner of the antenna 

structure cannot file FCC Form 854 

because it is subject to a denial of 

Federal benefits under the Anti-Drug 

Abuse Act of 1988, 21 U.S.C. 862, the 

first tenant licensee authorized to locate 

on the structure (excluding tenants that 

no longer occupy the structure) must 

register the structure electronically 

using FCC Form 854, and provide a 

copy of the Antenna Structure 

Registration (FCC Form 854R) to the 

owner. The owner remains responsible 

for providing to all tenant licensees and 

permittees notification that the structure 

has been registered, consistent with 

paragraph (f) of this section, and for 

posting the registration number as 

required by paragraph (g) of this section. 

(f) The Commission shall issue to the 

registrant FCC Form 854R, Antenna 

Structure Registration, which assigns a 

unique Antenna Structure Registration 

Number. The antenna structure owner 

shall immediately provide to all tenant 

licensees and permittees notification 

that the structure has been registered, 

along with either a copy of Form 854R 

or the Antenna Structure Registration 

Number and a link to the FCC antenna 

structure website: http://

wireless.fcc.gov/antenna/. This 

notification must be done electronically. 

* * * * * 

■ 31. Amend § 17.6 by revising 

paragraph (c) to read as follows: 

§ 17.6 Responsibility for painting and 

lighting compliance. 

* * * * * 

(c) If the owner of the antenna 

structure cannot file FCC Form 854 

because it is subject to a denial of 

Federal benefits under the Anti-Drug 

Abuse Act of 1988, 21 U.S.C. 862, the 

first tenant licensee authorized to locate 

on the structure (excluding tenants that 

no longer occupy the structure) must 

electronically register the structure 

using FCC Form 854, and provide a 

copy of the Antenna Structure 

Registration (FCC Form 854R) to the 

owner. The owner remains responsible 

for providing to all tenant licensees and 

permittees notification that the structure 

has been registered, consistent with 

§ 17.4(f), and for posting the registration 

number as required by § 17.4(g). 

■ 32. Section 17.57 is revised to read as 

follows: 

§ 17.57 Report of radio transmitting 

antenna construction, alteration, and/or 

removal. 

The owner of an antenna structure for 

which an Antenna Structure 

Registration Number has been obtained 

must notify the Commission within 5 

days of completion of construction by 

filing FCC Form 854–R and/or 

dismantlement by filing FCC Form 854. 

The owner must also notify the 

Commission within 5 days of any 

change in structure height or change in 

ownership information by filing FCC 

Form 854. FCC Forms 854 and 854–R, 

and all related amendments, 

modifications, and attachments, shall be 

filed electronically. 

PART 97—AMATEUR RADIO SERVICE 

■ 33. The authority citation for part 97 

continues to read as follows: 

Authority: 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

■ 34. Amend § 97.21 by revising 

paragraph (a)(1) to read as follows: 

§ 97.21 Application for a modified or 

renewed license grant. 

(a) * * * 

(1) Must apply to the FCC for a 

modification of the license grant as 

necessary to show the correct mailing 

and email address, licensee name, club 

name, license trustee name, or license 

custodian name in accordance with 

§ 1.913 of this chapter. For a club or 

military recreation station license grant, 

the application must be presented in 

document form to a Club Station Call 

Sign Administrator who must submit 

the information thereon to the FCC in an 

electronic batch file. The Club Station 

Call Sign Administrator must retain the 

collected information for at least 15 

months and make it available to the FCC 

upon request. A Club Station Call Sign 

Administrator shall not file with the 

Commission any application to modify 

a club station license grant that was 

submitted by a person other than the 

trustee as shown on the license grant, 


KHAMMOND on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 85533 

1 72 FR 51908. 

2March 15, 2010, 75 FR 12140. This was the 

second response to petitions for reconsideration of 

the 2007 final rule. 

3S6.1.2 and S6.1.3 relate to Standard No. 214’s 

door crush resistance requirements. 

4Prior to the error, a vehicle with a curb weight 

less than 3,500 lb (‘‘vehicle A’’) could have met a 

force requirement of 2 times the vehicle curb 

weight, which would be a load of less than 7,000 

lb. Similarly, prior to the error, a vehicle with a 

curb weight greater than 3,500 lb (‘‘vehicle B’’) 

could have met a force requirement of 7,000 lb. 

After the error, the option was removed, so under 

S6.1.3, vehicle A was also subject to a test with a 

load of 7,000 lb, and vehicle B was also subject to 

a load of two times its curb weight. NHTSA did not 

intend for the vehicles to have to be certified to 

both a force requirement of two times the curb 

weight and a 7,000 lb requirement. 

5https://one.nhtsa.gov/DOT/NHTSA/ 

Vehicle%20Safety/Test%20Procedures/ 

Associated%20Files/TP-214-s05.pdf. 

6 74 FR 63180, 63220; December 2, 2009. 

7 Id. 

except an application to change the club 

station license trustee. An application to 

modify a club station license grant to 

change the license trustee name must be 

submitted to a Club Station Call Sign 

Administrator and must be signed by an 

officer of the club. 

* * * * * 

■ 35. Section 97.23 is revised to read as 

follows: 

§ 97.23 Mailing and email addresses. 

Each license grant must show the 

grantee’s correct name, mailing address, 

and email address. The email address 

must be an address where the grantee 

can receive electronic correspondence. 

Revocation of the station license or 

suspension of the operator license may 

result when correspondence from the 

FCC is returned as undeliverable 

because the grantee failed to provide the 

correct email address. 

[FR Doc. 2020–28779 Filed 12–28–20; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2020–0111] 

RIN 2127–AM31 

Federal Motor Vehicle Safety 

Standards; Side Impact Protection, 

Ejection Mitigation; Technical 

Corrections 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule; technical corrections. 

SUMMARY: This final rule corrects errors 

in Federal Motor Vehicle Safety 

Standard (FMVSS) No. 214, ‘‘Side 

impact protection,’’ and in FMVSS No. 

226, ‘‘Ejection mitigation.’’ The error 

occurred in FMVSS No. 214 when an 

amendment to FMVSS No. 214 was 

transcribed into the Code of Federal 

Regulations. The error to FMVSS No. 

226 arose as a result of a drafting error 

when NHTSA issued FMVSS No. 226. 

This final rule amends the standards to 

reflect the intent of the Agency when it 

issued the standards. 

DATES: This rule is effective December 

29, 2020. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Vincent Wu or Mr. James Myers, 

NHTSA Office of Crashworthiness 

Standards, telephone 202–366–1740. 

Mailing address: 1200 New Jersey 

Avenue SE, West Building, Washington, 

DC 20590. 

SUPPLEMENTARY INFORMATION: This 

document corrects minor errors in 

FMVSS No. 214, ‘‘Side impact 

protection,’’ and FMVSS No. 226, 

‘‘Ejection mitigation.’’ The first error 

resulted when the Federal Register 

transcribed regulatory text for FMVSS 

No. 214. The second error occurred 

when the Agency drafted the regulatory 

text for FMVSS No. 226 in establishing 

the standard. 

FMVSS No. 214 

On September 11, 2007, NHTSA 

published a final rule that incorporated 

a vehicle-to-pole test in FMVSS No. 214, 

‘‘Side impact protection.’’ 1 In response 

to petitions for reconsideration of the 

rule,2 NHTSA published a final rule on 

March 15, 2010 that, among other 

matters, corrected unit conversion errors 

in S6.1.2 and S6.1.3 of the standard.3

The March 15, 2010 final rule set forth 

the regulatory text for S6.1.3, ‘‘Peak 

crush resistance’’ as follows: ‘‘The peak 

crush resistance shall not be less than 

two times the curb weight of the vehicle 

or 31,138 N (7,000 lb), whichever is 

less.’’ 75 FR at 12140, col. 1 (emphasis 

added). Similar language was also 

included in the revised S6.2.3, which 

stated, ‘‘Peak crush resistance. The peak 

crush resistance shall not be less than 

three and one half times the curb weight 

of the vehicle or 53,378 N (12,000 lb), 

whichever is less.’’ Id. However, the 

phrase ‘‘whichever is less’’ was not 

included in S6.1.3 as published in the 

Code of Federal Regulations, though the 

phrase was included in S6.2.3 (49 CFR 

571.214). 

The door crush force requirements 

establish threshold protections for 

occupants from injury-causing intrusion 

into the occupant space that can occur 

during a side impact. The phrase 

‘‘whichever is less’’ in S6.1.3 was meant 

to clarify which of the maximum door 

crush force levels applies to vehicles, 

depending upon the vehicle’s curb 

weight.4 However, when the phrase was 

mistakenly eliminated, it created 

ambiguity and potentially implied that 

S6.1.3 required higher forces to be used 

than NHTSA had intended. Without the 

phrase, there is potential for 

manufacturer confusion and the 

possibility that some may certify to an 

overly stringent door crush force 

requirement than NHTSA intended. 

NHTSA (and, we believe, industry as a 

whole) has applied S6.1.3 with the 

understanding and effect that the 

‘‘whichever is less’’ language was meant 

to be as it is in S6.2.3—see, e.g., 

NHTSA’s test procedure (TP) manual for 

FMVSS No. 214 issued by NHTSA’s 

Office of Vehicle Safety Compliance for 

testing vehicles to Standard No. 214. 

The TP has always aligned with the 

correct original regulatory text.5 That 

said, the absence of the phrase reduces 

the clarity of S6.1.3 and introduces an 

unintended ambiguity that NHTSA 

would like to correct. This technical 

amendment corrects the error by adding 

‘‘whichever is less’’ back in S6.1.3. 

FMVSS No. 226 

On January 19, 2011, NHTSA 

published a final rule establishing 

FMVSS No. 226, ‘‘Ejection mitigation.’’ 

The final rule intended to exclude from 

the applicability of the standard 

vehicles with no doors or with doors 

that are designed to be easily attached 

or removed so the vehicle can be 

operated without doors. In the notice of 

proposed rulemaking (NPRM) preceding 

the final rule, the Agency requested 

comment on whether ‘‘[v]ehicles that 

have no doors, or exclusively have 

doors that are designed to be easily 

attached or removed so that the vehicle 

can be operated without doors’’ were 

still being produced.6 NHTSA further 

explained that, ‘‘Assuming the vehicles 

are being manufactured, NHTSA 

proposes excluding the vehicles on 

practicability grounds,’’ and requested 

comment on the issue.7 Subsequently, 

in the final rule, NHTSA proceeded to 

exclude the vehicles in the text of the 

preamble. The Agency made its intent to 

exclude the vehicles in the final rule 

clear, explaining in the preamble that: 

‘‘Comments were requested but none 

were received on whether vehicles are 

still being manufactured that have no 

doors, or exclusively have doors that are 

designed to be easily attached or 

removed so that the vehicle can be 

operated without doors. NHTSA 


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