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e-CFR data is current as of September 28, 2020

Title 47Chapter ISubchapter APart 1 → Subpart Y


Title 47: Telecommunication
PART 1—PRACTICE AND PROCEDURE


Subpart Y—International Bureau Filing System


Contents
§1.10000   What is the purpose of these rules?
§1.10001   Definitions.
§1.10002   What happens if the rules conflict?
§1.10003   When can I start operating?
§1.10004   What am I allowed to do if I am approved?
§1.10005   What is IBFS?
§1.10006   Is electronic filing mandatory?
§1.10007   What applications can I file electronically?
§1.10008   What are IBFS file numbers?
§1.10009   What are the steps for electronic filing?
§1.10010   Do I need to send paper copies with my electronic applications?
§1.10011   Who may sign applications?
§1.10012   When can I file on IBFS?
§1.10013   How do I check the status of my application after I file it?
§1.10014   What happens after officially filing my application?
§1.10015   Are there exceptions for emergency filings?
§1.10016   How do I apply for special temporary authority?
§1.10017   How can I submit additional information?
§1.10018   May I amend my application?

Source: 69 FR 29895, May 26, 2004, unless otherwise noted. Redesignated at 69 FR 40327, July 2, 2004.

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§1.10000   What is the purpose of these rules?

(a) These rules are issued under the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq., and the Submarine Cable Landing License Act, 47 U.S.C. 34-39.

(b) This subpart describes procedures for electronic filing of International and Satellite Services applications using the International Bureau Filing System.

(c) More licensing and application descriptions and directions, including but not limited to specifying which International and Satellite service applications must be filed electronically, are in parts 1, 25, 63, and 64 of this chapter.

[69 FR 47793, Aug. 6, 2004]

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§1.10001   Definitions.

All other applications. We consider all other applications officially filed once you file the application in the International Bureau Filing System (MyIBFS) and applicable filing fees are received and approved by the FCC, unless the application is determined to be fee-exempt. We determine your official filing date based on one of the following situations:

      
(1) You file your Satellite Space Station Application or your Application for Earth Stations to Access a Non-U.S. Satellite Not Currently Authorized to provide the Proposed Service in the Proposed Frequencies in the United States in MyIBFSYour official filing date is the date and time (to the millisecond) you file your application and receive a confirmation of filing and submission ID.
(2) You file all other applications in MyIBFS and then do one of the following:Your official filing date is:
(i) Pay by online Automatic Clearing House (ACH) payment, online Visa, MasterCard, American Express, or Discover credit card payment, or wire transfer payment denominated in U.S. dollars and drawn on a United States financial institution and made payable to the Federal Communications Commission (through MyIBFS)The date your online payment is approved. (Note: You will receive a remittance ID and an authorization number if your transaction is successful).
(ii) Determine your application type is fee-exempt or your application qualifies for exemption to charges as provided in this partThe date you file in MyIBFS and receive a confirmation of filing and submission ID.

Application. A request for an earth or space station radio station license, an international cable landing license, or an international service authorization, or a request to amend a pending application or to modify or renew licenses or authorizations. The term also includes the other requests that may be filed in IBFS such as transfers of control and assignments of license applications, earth station registrations, and foreign carrier affiliation notifications.

Authorizations. Generally, a written document or oral statement issued by us giving authority to operate or provide service.

International Bureau Filing System. The International Bureau Filing System (IBFS) is a database, application filing system, and processing system for all International and Satellite services. IBFS supports electronic filing of many applications and related documents in the International Bureau, and provides public access to this information.

International Services. All international services authorized under parts 1, 63 and 64 of this chapter.

Official Filing Date.

Satellite Space Station Applications (other than DBS and DARS) and Applications for Earth Stations to Access a Non-U.S. Satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States. We consider a Satellite Space Station application (other than DBS and DARS) and an Application for an Earth Station to Access a Non-U.S. Satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States officially filed the moment you file them through IBFS. The system tracks the date and time of filing (to the millisecond). For purposes of the queue discussed in §25.158 of this chapter, we will base the order of the applications in the queue on the date and time the applications are filed, rather than the “Official Filing Date” as defined here.

Satellite Services. All satellite services authorized under part 25 of this chapter.

Submission ID. The Submission ID is the confirmation number you receive from IBFS once you have successfully filed your application. It is also the number we use to match your filing to your payment. Your IBFS Submission ID will always start with the letters “IB” and include the year in which you file as well as a sequential number, (e.g., IB2003000123).

Us. In this subpart, “us” refers to the Commission.

We. In this subpart, “we” refers to the Commission.

You. In this subpart, “you” refers to applicants, licensees, your representatives, or other entities authorized to provide services.

[69 FR 29895, May 26, 2004. Redesignated at 69 FR 40327, July 2, 2004, as amended at 73 FR 9029, Feb. 19, 2008; 85 FR 17284, Mar. 27, 2020]

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§1.10002   What happens if the rules conflict?

The rules concerning parts 1, 25, 63 and 64 of this chapter govern over the electronic filing in this subpart.

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§1.10003   When can I start operating?

You can begin operating your facility or providing services once we grant your application to do so, under the conditions set forth in your license or authorization.

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§1.10004   What am I allowed to do if I am approved?

If you are approved and receive a license or authorization, you must operate in accordance with, and not beyond, your terms of approval.

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§1.10005   What is IBFS?

(a) The International Bureau Filing System (IBFS) is a database, application filing system, and processing system for all International and Satellite Services. IBFS supports electronic filing of many applications and related documents in the International Bureau, and provides public access to this information.

(b) We maintain applications, notifications, correspondence, and other materials filed electronically with the International Bureau in IBFS.

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§1.10006   Is electronic filing mandatory?

Electronic filing is mandatory for all applications for international and satellite services for which an International Bureau Filing System (MyIBFS) form is available. Applications for which an electronic form is not available must be filed through the Electronic Comment Filing System (ECFS) in PDF format until new forms are introduced. See §§63.20 and 63.53 of this chapter. As each new MyIBFS form becomes available for electronic filing, the Commission will issue a public notice announcing the availability of the new form and the effective date of mandatory filing for this particular type of filing. As each new form becomes effective, manual filings will not be accepted by the Commission and the filings will be returned to the applicant without processing. Mandatory electronic filing requirements for applications for international and satellite services are set forth in this part and parts 25, 63, and 64 of this chapter. A list of forms that are available for electronic filing can be found on the MyIBFS homepage. For information on electronic filing requirements, see §§1.1000 through 1.10018 and the MyIBFS homepage at http://licensing.fcc.gov/myibfs.

[85 FR 17284, Mar. 27, 2020]

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§1.10007   What applications can I file electronically?

(a) For a complete list of applications or notifications that must be filed electronically, log in to the MyIBFS website at http://licensing.fcc.gov/myibfs.

(b) Many applications require exhibits or attachments. If attachments are required, you must attach documentation to your electronic application before filing. We accept attachments in the following formats: Word, Adobe Acrobat, Excel and Text.

(c) For paper filing rules and procedures, see parts 1, 25, 63 or 64.

[69 FR 29895, May 26, 2004. Redesignated at 69 FR 40327, July 2, 2004. Amended at 69 FR 47793, Aug. 6, 2004; 70 FR 38797, July 6, 2005; 85 FR 17284, Mar. 27, 2020]

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§1.10008   What are IBFS file numbers?

(a) We assign file numbers to electronic applications in order to facilitate processing.

(b) We only assign file numbers for administrative convenience; they do not mean that an application is acceptable for filing.

(c) For a description of file number information, see The International Bureau Filing System File Number Format Public Notice, DA-04-568 (released February 27, 2004).

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§1.10009   What are the steps for electronic filing?

(a) Step 1: Register for an FCC Registration Number (FRN). (See subpart W, §§1.8001 through 1.8004.)

(1) If you already have an FRN, go to Step 2.

(2) In order to process your electronic application, you must have an FRN. You may obtain an FRN either directly from the Commission Registration System (CORES) at http://www.fcc.gov/e-file/, or through IBFS as part of your filing process. If you need to know more about who needs an FRN, visit CORES at http://www.fcc.gov/e-file/.

(3) If you are a(n):

(i) Applicant,

(ii) Transferee and assignee,

(iii) Transferor and assignor,

(iv) Licensee/Authorization Holder, or

(v) Payer, you are required to have and use an FRN when filing applications and/or paying fees through IBFS.

(4) We use your FRN to give you secured access to IBFS and to pre-fill the application you file.

(b) Step 2: Register with IBFS. (1) If you are already registered with IBFS, go to Step 3.

(2) In order to complete and file your electronic application, you must register in IBFS, located at http://www.fcc.gov/ibfs.

(3) You can register your account in:

(i) Your name,

(ii) Your company's name, or

(iii) Your client's name.

(4) IBFS will issue you an account number as part of the registration process. You will create your own password.

(5) If you forget your password, send an e-mail to the IBFS helpline at ibfsinfo@fcc.gov or contact the helpline at (202) 418-2222 for assistance.

(c) Step 3: Log into IBFS, select the application you want to file, provide the required FRN(s) and password(s) and fill out your application. You must completely fill out forms and provide all requested information as provided in parts 1, 25, 63 and 64 of this chapter.

(1) You must provide an address where you can receive mail delivery by the United States Postal Service. You are also encouraged to provide an e-mail address. This information is used to contact you regarding your application and to request additional documentation, if necessary.

(2) Reference to material on file. You must answer questions on application forms that call for specific technical data, or that require yes or no answers or other short answers. However, if documents or other lengthy showings are already on file with us and contain the required information, you may incorporate the information by reference, as long as:

(i) The referenced information is filed in MyIBFS.

(ii) The referenced information is current and accurate in all material respects; and

(iii) The application states where we can find the referenced information as well as:

(A) The application file number, if the reference is to previously-filed applications

(B) The title of the proceeding, the docket number, and any legal citation, if the reference is to a docketed proceeding.

(d) Step 4: File your application. If you file your application successfully through IBFS, a confirmation screen will appear showing you the date and time of your filing and your submission ID. Print this verification for your records as proof of online filing.

(e) Step 5: Pay for your application. (1) Most applications require that you pay a fee to us before we can begin processing your application. You can determine the amount of your fee in three ways:

(i) You can refer to §1.1107,

(ii) You can refer to the International and Satellite Services fee guide located at http://www.fcc.gov/fees/appfees.html, or

(iii) You can run a draft electronic submission of payment online form through MyIBFS, in association with a filed application, and the system will automatically enter your required fee on the form.

(2)(i) A complete FCC electronic submission of payment online form must accompany all fee payments. You must provide the FRN for both the applicant and the payer. You also must include your International Bureau (IB) submission ID number on the electronic submission of payment online form in the box labeled “FCC Code 2.” In addition, for applications for transfer of control or assignment of license, call signs involved in the transaction must be entered into the “FCC Code 1” box on the FCC electronic submission of payment online form. (This may require the use of multiple rows on the electronic submission of payment online form for a single application where more than one call sign is involved.)

(ii) You can generate a pre-filled FCC electronic submission of payment online form from MyIBFS using your IB submission ID. For specific instructions on using MyIBFS to generate your FCC electronic submission of payment online form, go to the MyIBFS website (http://licensing.fcc.gov/myibfs) and click on the “Getting Started” button.

(3) You have 3 payment options:

(i) Pay by credit card (through MyIBFS);

(ii) Pay by online Automatic Clearing House (ACH) payment; or

(iii) Pay by wire transfer or other electronic payments.

(4) You must electronically submit payment on the date you file your application in MyIBFS. If not, we will dismiss your application.

(5) For more information on fee payments, refer to Payment Instructions found on the MyIBFS internet site at http://licensing.fcc.gov/myibfs, under the Using IBFS link.

[73 FR 9029, Feb. 19, 2008, as amended at 85 FR 17284, Mar. 27, 2020]

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§1.10010   Do I need to send paper copies with my electronic applications?

When you file electronically through MyIBFS, the electronic record is the official record. You do not need to submit paper copies of your application.

[85 FR 17285, Mar. 27, 2020]

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§1.10011   Who may sign applications?

(a) The Commission only accepts electronic applications. An electronic application is “signed” when there is an electronic signature. An electronic signature is the typed name of the person “signing” the application, which is then electronically transmitted via MyIBFS.

(b) For all electronically filed applications, you (or the signor) must actually sign a paper copy of the application, and keep the signed original in your files for future reference.

(c) You only need to sign the original of applications, amendments, and related statements of fact.

(d) Sign applications, amendments, and related statements of fact as follows:

(1) By you, if you are an individual;

(2) By one of the partners, if you are a partnership;

(3) By an officer, director, or duly authorized employee, if you are a corporation; or

(4) By a member who is an officer, if you are an unauthorized association.

(e) If you file applications, amendments, and related statements of fact on behalf of eligible government entities, an elected or appointed official who may sign under the laws of the applicable jurisdiction must sign the document. Eligible government entities are:

(1) States and territories of the United States,

(2) Political subdivisions of these states and territories,

(3) The District of Columbia, and

(4) Units of local government.

(f) If you are either physically disabled or absent from the United States, your attorney may sign applications, amendments and related statements of facts on your behalf.

(1) Your attorney must explain why you are not signing the documents.

(2) If your attorney states any matter based solely on his belief (rather than knowledge), your attorney must explain his reasons for believing that such statements are true.

(g) It is unnecessary to sign applications, amendments, and related statements of fact under oath. However, willful false statements are punishable by a fine and imprisonment, 18 U.S.C. 1001, and by administrative sanctions.

[69 FR 40327, July 2, 2004, as amended at 85 FR 17285, Mar. 27, 2020]

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§1.10012   When can I file on IBFS?

IBFS is available 24 hours a day, seven (7) days a week for filing.

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§1.10013   How do I check the status of my application after I file it?

You can check the status of your application through the “Search Tools” on the IBFS homepage. The IBFS homepage is located at www.fcc.gov/ibfs.

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§1.10014   What happens after officially filing my application?

(a) We give you an IBFS file number.

(b) We electronically route your application to an analyst who conducts an initial review of your application. If your application is incomplete, we will either dismiss the application, or contact you by telephone, letter or email to ask for additional information within a specific time. In cases where we ask for additional information, if we do not receive it within the specified time, we will dismiss your application. In either case, we will dismiss your application without prejudice, so that you may file again with a complete application.

(c) If your application is complete, and we verify receipt of your payment, it will appear on an “Accepted for Filing” Public Notice, unless public notice is not required. An “Accepted for Filing” Public Notice gives the public a certain amount of time to comment on your filing. This period varies depending upon the type of application.

(1) Certain applications do not have to go on an “Accepted for Filing” Public Notice prior to initiation of service, but instead are filed as notifications to the Commission of prior actions by the carriers as authorized by the rules. Examples include pro forma notifications of transfer of control and assignment and certain foreign carrier notifications.

(2) Each “Accepted for Filing” Public Notice has a report number. Examples of various types of applications and their corresponding report number (the “x” represents a sequential number) follow.

Type of applicationReport No.
325-C Applications325-xxxxx.
Accounting Rate ChangeARC-xxxxx.
Foreign Carrier Affiliation NotificationFCN-xxxxx.
International High FrequencyIHF-xxxxx.
Recognized Operating AgencyROA-xxxxx.
Satellite Space StationSAT-xxxxx.
Satellite Earth StationSES-xxxxx.
International Telecommunications:
StreamlinedTEL-xxxxxS.
Non-streamlinedTEL-xxxxxNS and/or DA.
Submarine Cable Landing:
StreamlinedSCL-xxxxxS.
Non-streamlinedSCL-xxxxxNS and/or DA.

(d) After the Public Notice, your application may undergo legal, technical and/or financial review as deemed necessary. In addition, some applications require coordination with other government agencies.

(e) After review, we decide whether to grant or deny applications or whether to take other necessary action. Grants, denials and any other necessary actions are noted in the IBFS database. Some filings may not require any affirmative action, such as some Foreign Carrier Affiliation Notification Filings. Other filings, such as some International Section 214 Applications, International Accounting Rate Change Filings and Requests for assignment of Data Network Identification Codes, may be granted automatically on a specific date unless the applicant is notified otherwise prior to that date, as specified in the rules.

(f) We list most actions taken on public notices. Each “Action Taken” Public Notice has a report number. Examples of various types of applications and their corresponding report number (the “x” represents a sequential number) follow.

Type of applicationReport No.
325-C Applications325-xxxxx.
Accounting Rate ChangeNo action taken PN released.
Foreign Carrier Affiliation NotificationNo action taken PN released.
International High FrequencyIHF-xxxxx.
Recognized Operating AgencyNo action taken PN released.
Satellite Space StationSAT-xxxxx (occasionally).
Satellite Earth StationSES-xxxxx.
International TelecommunicationsTEL-xxxxx and DA.
Submarine Cable LandingTEL-xxxxx and DA.

(g) Other actions are taken by formal written Order, oral actions that are followed up with a written document, or grant stamp of the application. In all cases, the action dates are available online through the IBFS system.

(h) Issuing and Mailing Licenses for Granted Applications. Not all applications handled through IBFS and granted by the Commission result in the issuance of a paper license or authorization. A list of application types and their corresponding authorizations follows.

Type of applicationType of license/authorization issued
325-C ApplicationFCC permit mailed to permittee or contact, as specified in the application.
Accounting Rate ChangeNo authorizing document is issued by the Commission. In some cases, a Commission order may be issued related to an Accounting Rate Change filing.
Data Network Identification Code FilingLetter confirming the grant of a new DNIC or the reassignment of an existing DNIC is mailed to the applicant or its designated representative.
Foreign Carrier Affiliation NotificationNo authorizing document is issued by the Commission. In some cases, a Commission order may be issued related to a Foreign Carrier Affiliation Notification.
International High Frequency:
Construction Permits, Licenses, Modifications, Renewals, and Transfers of Control/Assignment of LicenseFor all applications, an original, stamped authorization is issued to the applicant and a copy of the authorization is sent to the specified contact.
Recognized Operating AgencyThe FCC sends a letter to the Department of State requesting grant or denial of recognized operating agency status. (The applicant is mailed a courtesy copy.) The Department of State issues a letter to both the Commission and the Applicant advising of their decision.
Satellite Space Station:
1. Request for Special Temporary Authority1. Letter, grant-stamped request, or short order.
2. New Authorization2. Generally issued by Commission Order.
3. Amendment3. Generally issued as part of a Commission Order acting upon the underlying application.
4. Modification4. Generally issued by Commission Order.
5. Transfer of Control/Assignment of License5. Generally issued by Commission Order or Public Notice. Also, Form A-732 authorization issued and mailed to applicant (original), parties to the transaction, and the applicant's specified contact (copy).
Satellite Earth Station:
1. Request for Special Temporary Authority1. Letter, grant-stamped request, or short order.
2. New Authorization2. License issued and mailed to applicant (original) and specified contact (copy).
3. Amendment3. If granted, the action is incorporated into the license for the underlying application.
4. Modification4. License issued and mailed to applicant (original) and specified contact (copy).
5. Renewal5. License issued and mailed to applicant (original) and specified contact (copy).
6. Transfer of Control/Assignment of License6. If granted, Form A-732 authorization issued and mailed to applicant (original), parties to the transaction, and the applicant's specified contact (copy).
International Telecommunications—Section 214:
1. Streamlined (New, Transfer of Control, Assignment)1. Action Taken Public Notice serves as the authorization document. This notice is issued weekly and is available online both at IBFS (http://www.fcc.gov/ibfs) and the Electronic Document Management System (EDOCS) (http://www.fcc.gov/e-file/).
2. Non-streamlined (New, Transfer of Control, Assignment)2. Decisions are generally issued by PN; some are done by Commission Order.
3. Request for Special Temporary Authority3. Letter, grant-stamped request issued to applicant.
International Signaling Point Code FilingLetter issued to applicant.
Submarine Cable Landing License Application:
1. Streamlined (New, Transfer of Control, Assignment)1. Action Taken Public Notice serves as the authorization document. This notice is issued weekly and is available online both at IBFS, which can be found at http://www.fcc.gov/ibfs, and the Electronic Document Management System (EDOCS), which can be found at http://www.fcc.gov/e-file/.
2. Non-Streamlined (New, Transfer of Control, Assignment)2. Decisions are generally issued by PN; some are done by Commission Order.

[69 FR 29895, May 26, 2004, as amended at 76 FR 70910, Nov. 16, 2011]

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§1.10015   Are there exceptions for emergency filings?

(a) Sometimes we grant licenses, modifications or renewals even if no one files an application. Instances where this may occur include:

(1) If we find there is an emergency involving danger to life or property, or because equipment is damaged;

(2) If the President proclaims, or if Congress declares, a national emergency;

(3) During any war in which the United States is engaged and when grants, modifications or renewals are necessary for national defense, security or in furtherance of the war effort; or

(4) If there is an emergency where we find that it is not feasible to secure renewal applications from existing licensees or to follow normal licensing procedures.

(b) Emergency authorizations stop at the end of emergency periods or wars. After the emergency period or war, you must submit your request by filing the appropriate form electronically.

(c) The procedures for emergency requests, as described in this section, are as specified in §§25.120 and 63.25 of this chapter.

[69 FR 40327, July 2, 2004, as amended at 85 FR 17285, Mar. 27, 2020]

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§1.10016   How do I apply for special temporary authority?

(a) Requests for Special Temporary Authority (STA) may be filed via IBFS for most services. We encourage you to file STA applications through IBFS as it will ensure faster receipt of your request.

(b) For specific information on the content of your request, refer to §§25.120 and 63.25 of this chapter.

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§1.10017   How can I submit additional information?

In response to an official request for information from the International Bureau, you can submit additional information electronically directly to the requestor, or by mail to the Office of the Secretary, Attention: International Bureau.

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§1.10018   May I amend my application?

(a) If the service rules allow, you may amend pending applications.

(b) If an electronic version of an amendment application is available in IBFS, you may file your amendment electronically through IBFS.

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