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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $// Order, Clarification of Signature Requirement, DA 95-805//$ $/ 1.743 Who may sign applications/$ $/ 20.10 Who may sign applications/$ RECORD ONLY Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 DA 95-805 In the Matter of) ) Amendment of the Commission's Rules to Clarify ) Signature Requirement for License Applications ) in the Commercial Mobile Radio Services) ORDER Adopted: April 12, 1995 Released: April 12, 1995 By the Chief, Wireless Telecommunications Bureau and the Managing Director: I. INTRODUCTION 1. This Order clarifies and makes certain nonsubstantive, editorial revisions to the Commission's rules governing signature requirements for license applications in the Commercial Mobile Radio Services (CMRS). This clarification of and associated amendments to the Commission's rules are intended to facilitate the implementation of electronic filing of all CMRS applications, including applications for Personal Communications Service (PCS). II. BACKGROUND 2. In October 1992, Congress amended the Communications Act of 1934, as amended, (the "Act") to allow electronic filing of license and construction permit applications. Specifically, Sections 308(b) and 319(a) of the Act were amended to allow applications to be signed "in any manner or form, including by electronic means, as the Commission may prescribe by regulation." A conforming amendment also was added to eliminate the requirement of a "signed" waiver under Section 304 of the Act. 3. Pursuant to the authority expressly delegated by Congress, the Commission amended its rules in the Part 22 Rewrite Order to allow all common carrier applications filed with the Commission to be signed in any manner or form, including by electronic means. The signature requirement of new Section 1.743(e) of the Commission's rules, 47 CFR  1.743(e), applies to all common carrier services. III. DISCUSSION 4. Under the Omnibus Budget Reconciliation of 1993, all CMRS are to be regulated as common carriers. In addition, in the CMRS Second Report and Order, the Commission concluded that PCS presumptively will be a commercial mobile radio service and, therefore, subject to common carrier regulation. To facilitate electronic filing in these services, we clarify that the signature requirement applied to all common carrier applications pursuant to Section 1.743 of the Commission's rules also will apply to all CMRS applications, including PCS applications. Since this is not expressly stated in the Commission's rules, we are also making nonsubstantive, editorial revisions to Parts 20 and 24 of the Commission's rules. In particular, we are adding a cross-reference that relates to the signature requirement applicable to PCS applications to Section 1.743 in Part 20, which governs the licensing and regulation of CMRS, and in Part 24, which governs the licensing and regulation of PCS. This Order also amends Section 1.743(e) of the Commission's rules to provide that the Wireless Telecommunications Bureau (the "Bureau") may accept electronic filings for CMRS applications. 5. We anticipate that the narrowband and broadband PCS applications (including both short-form and long-form applications) will comprise one of the largest categories of applications that must be processed by the Bureau. Thus, facilitating electronic filing will allow us to process these applications more efficiently. Our ultimate goal is to eliminate the filing of paper applications wherever possible. Electronic filing will expedite the licensing process by eliminating the need for manual entry of application data into the Commission's data base. We also hope to develop the means to generate and transmit license information to licensees electronically, with no intermediate paper documents. Within the last two years, the former Private Radio Bureau conducted electronic filing experiments with the Industrial Telecommunications Association and the Utilities Telecommunications Council and completed a pilot project with the Association of Public Safety-Communications Officers, Inc. Based on these initiatives, the Bureau intends to establish electronic filing procedures in the near future. 6. We emphasize that under the rules as amended, handwritten signatures will continue to be required on all applications unless and until specific procedures are established for electronic filing of such applications. Such procedures will be implemented by future Public Notices in the Federal Register, modified application forms, and other published procedures. IV. CONCLUSION 7. The rule changes adopted in this Order relate to matters of practice and procedure only. Therefore, they are excepted from the notice and comment requirement of the Administrative Procedure Act, 5 U.S.C.  553(a), and may be put into effect immediately upon publication in the Federal Register. 8. Accordingly, IT IS ORDERED that, pursuant to delegated authority, Sections 1.743, 20.10, 24.2, and 24.13 of the Commission's rules, 47 CFR  1.743, 20.10, 24.2, and 24.13, ARE AMENDED as set forth below. 9. IT IS FURTHER ORDERED that this Order is effective upon publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney, Chief Wireless Telecommunications Bureau Andrew S. Fishel Managing Director RULE CHANGES Parts 1, 20 and 24 of Chapter 1 of Title 47 of the Code of Federal Regulations are amended as follows: PART 1 -- PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: Authority: Sections 1, 4(i), 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.  151, 154, 303, unless otherwise noted. 2. Section 1.743 is amended by revising paragraph (e) to read as follows:  1.743 Who may sign applications. * * * * * (e) "Signed," as used in this section, means an original hand-written signature, except that by public notice in the Federal Register the Wireless Telecommunications Bureau or the Common Carrier Bureau may allow signature by any symbol executed or adopted by the applicant with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses. PART 20 -- COMMERCIAL MOBILE RADIO SERVICES 1. The authority citation for Part 20 continues to read as follows: Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted. 2. Section 20.10 is added to read as follows:  20.10 Who may sign applications. See part 1 of this chapter,  1.743, for practices and procedures governing signatures on license applications. PART 24 -- PERSONAL COMMUNICATIONS SERVICES 1. The authority citation for Part 24 continues to read as follows: Authority: Sections 4, 302, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 302, 303, and 332, unless otherwise noted. 2. Section 24.2(b) is revised to read as follows:  24.2 Other applicable rule parts. * * * * * (b) Part 1. This part includes rules of practice and procedure for application signature requirements, adjudicatory proceedings including hearing proceedings, and rule making proceedings; procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental processing requirements that, if applicable, must be complied with prior to initiating construction. 3. Section 24.13 is added to read as follows:  24.13 Who may sign applications. See part 1 of this chapter,  1.743, for practices and procedures governing signatures on license applications.