DRAFT – March 2024
FCC # SCL-STA |
FEDERAL COMMUNICATIONS COMMISSION
Instructions for Cable Landing License Application for Special Temporary Authority
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Not Yet Approved by OMB 3060-0944
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SCL-STA
GENERAL INSTRUCTIONS
Purpose of Form
This form is used to request the Federal Communications Commission (Commission) to grant Special Temporary Authority (STA) to Applicant(s) to provide temporary service for a period not exceeding 6 months (180 days) or emergency service arising from an immediate need occasioned by conditions unforeseen by, and beyond the control of, the carrier.
Who Must File This Form and When
The following entities must file this form to request an STA:
Applicant(s) seeking to commence construction of or commercial service on a cable system while the cable landing license is pending Commission approval.;
Applicant(s) who have been providing service on a cable system without first obtaining Commission consent;
Applicant(s) that consummated a transaction without prior Commission consent; or
Applicant(s) seeking to provide emergency service arising from an immediate need occasioned by conditions unforeseen by, and beyond the control of, the Licensee.
Description of Form
This form provides the basis for the grant of Applicant(s) STA request(s). This form consists of a main form and the ability to file an attachment to support the request. The Applicant is encouraged to upload a single document in machine readable format, including all required information. The Applicant must fill in all required fields, upload required documents, make all required certifications, and sign the form before submitting the application.
Information Current and Complete
Information filed in the application with the Commission must be kept current and complete under section 1.65 of the Commission’s rules.
To amend a submitted STA request, use a separate form, SCL-AMD.
Applicable Rules and Regulations
Section 63.25 applies to applications for submarine cable Special Temporary Authority (STA).
The FCC derives its authority to grant, regulate and impose conditions on submarine cables from:
Cable Landing License Act of 1921 (Cable Landing License Act) and the 1954 Executive Order No. 10530. Pub. Law No. 8, 67th Congress, 42 Stat. 8 (1921); 47 U.S.C. §§ 34-39; Exec. Order No. 10530 § 5(a) (May 10, 1954); reprinted as amended in 3 U.S.C. §301.
Communications Act of 1934, as amended (Act) 47 U.S.C. §151 et. seq.
Commission rules, 47 CFR §§ 1.767, 1.768, §§ 63.18 (h) (o).
Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 2167 (2001).
Applicant(s) should refer to the Debt Collection Improvement Act of 1996. The Debt Collection Act requires all federal agencies ensure that no debtors to the Federal government obtain any licenses or other benefits from the FCC. To ensure this, the Commission must collect FRN information to correlate its Applicants with any outstanding Federal debt that they might have incurred in other dealings with the Federal government. For additional information, see the FCC’s Debt Collection webpage.
Other Submarine Cable (SCL) Forms
SCL-AMD Form.
This form is used to amend a pending application related to a cable landing license.
SCL-LPN Form.
This form is used to file the precise location of a cable landing station if such information was not included in the cable landing license application or request modify a cable landing license to add a new landing location. The notification must be filed no later than ninety (90) days prior to construction of landing station.
SCL-ASG&TC Form.
SCL-LIC Form.
This form is used to apply for a cable landing license.
SCL-FCN Form.
The form is used by a Licensee to notify the Commission of new foreign carrier affiliations.
SCL-MOD Form.
This form is used to modify an existing cable landing license, for example to add or remove a Licensee or to add a new landing point.
SCL-RPT Form.
This form is used to file the reports of any Licensee affiliated with a foreign carrier with market power in destination country of the cable system in accordance with section 1.767(l) of the Commission’s rules.
SCL-RWL Form
This form is used to request renewal of an existing cable landing license.
SCL-WAV Form.
FCC Notice Required By The Paperwork Reduction Act
We have estimated that on average each response to this collection of information will take two hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. If you have any comments on this burden estimate, or on how we can improve the collection and reduce the burden it causes you, please e-mail them to pra@fcc.gov or send them to the Federal Communications Commission, AMDPERM, Paperwork Reduction Project (3060-0944), Washington, DC 20554. Please DO NOT SEND COMPLETED APPLICATIONS TO THIS ADDRESS.
The Applicant is not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0944. This notice is required by the Paperwork Reduction Act of 1995, P.L. 104-13, October 1, 1995, 44 U.S.C. Section 3507.
For Assistance
For assistance with completing the forms, contact Office of International Affairs, Telecommunications and Analysis Division at OIA_TAD@fcc.gov OR FCC-OIA-TAD@fcc.gov or at (202) 418-1480.
FILING INSTRUCTIONS FOR MAIN SCL-STA FORM
Applicant Information
Item 1. Enter the information requested. Some data will be pre-populated using the data associated with Applicant’s FCC Registration Number (FRN).
When the Applicant enters its FRN, the Applicant Information will pre-populate with its FRN data in CORES. To modify these pre-populated data, update the data associated with the FRN in CORES. [Link to CORES] However, a few fields are editable in this item in the SCL-LIC form (Attention, Title, Phone, Fax, and Email fields are editable).
Enter any missing data and sections that are not already populated from CORES, such as the “Applicant Legal Entity Type” field.
Contact Information
Item 2. Identify the contact representative, if different from the Applicant. The contact information can be imported automatically from CORES if the Applicant supplied an FRN, but fields are still editable.
If the contact representative is the same as the person indicated in Item 1, then check the box “Same as Applicant.” If the contact representative is not the same as the Applicant, provide the requested information.
Provide the name of a person in your organization, your outside counsel, or other representative whom we can contact if there are questions regarding your application. This person should have decisional authority over the contents of your application.
Provide the Company name if different from the “Applicant” name in Item 1 or repeat “Company” name here.
Provide the contact representative’s address, phone number, fax number, and email.
Provide your “Doing Business As (DBA)” name. If the Applicant is not operating its business using a DBA, you may leave this section blank.
Indicate how the contact person is related to the Applicant by selecting a choice from the drop-down “Relationship” menu. For example, indicate that the “contact is outside counsel” or “contact is a corporate officer of the applicant.” Selecting “other” will open a text box for entry of a description of the relationship.
Application Information
Item 3. Provide a brief description of the STA request. For example, “Request for Special Temporary authority (STA) to start construction of ABC cable system while the cable landing license application, SCL-LIC-XXXXXXXX-XXXXX, is pending FCC approval.”
Authority Information
Item 4. Provide the name of the cable system and the ICFS File number(s) for the cable landing license (SCL-LIC or SCL-MOD).
Item 5. In the box enter the name of each Applicant(s)/Licensee(s) and the place of organization using the drop-down menu of countries. If the place of organization is in the United States, use the drop-down box to identify the state or territory.
Item 6. Indicate whether any Applicant has a 10% or greater direct/indirect foreign owner by checking “Yes” or “No.”
Item 7. Indicate the type of Request for STA by checking one of the listed options:
New Request
Extension/Renewal. If Extension or renewal provide the FCC File Number for the related STA (SCL-STA)
Other. If other, provide an explanation.
Item 8. Indicate whether this STA is associated with any pending applications before the Commission by checking “Yes” of No.” If Yes, provide the AuthID(s) or ICFS file number(s) associated with the pending application(s) for which special temporary authority is requested.
Item 9. Enter the date by which Applicant(s) seek the grant of this STA request.
Item 10. Enter the duration of the STA that is being requested, i.e., the number of days from date of grant (the maximum is 180 days).
Waivers
Item 11. Indicate whether this Application includes a request for waver of any Commission rules by checking “Yes” or “No.” If “Yes,” list the rules for which a waiver is sought in Item 11.a. Provide an explanation for the waiver request in an attachment, along with other material information.
Application Fees
Item 12. An application fee is required for this form. Indicate whether you are exempt from the application fee by selecting “Yes” or “No.”
Note that the FCC may not be able to start its review of a submitted application until the associated application fee is paid. To determine the required fee amount, refer to Subpart G of Part 1 of the Commission’s Rules (47 CFR Part 1, Subpart G) and the current Fee Filing Guide. The current Fee Filing Guide can be downloaded from the FCC’s website at http://www.fcc.gov/fees, by calling the FCC’s Form Distribution Center at (800) 418-FORM (3676), or from the FCC’s Fax Information System by dialing (202) 418-0177.
Item12.a. Applicants claiming fee exemption must select a reason in question 11a. An attachment demonstrating the Applicant’s eligibility for exemption from FCC application fees must be submitted. If the reason is “other,” briefly describe your rationale in the text box provided. If a request for waiver/deferral of the FCC application fees has been filed with the FCC, provide the date-stamped copy of the request filed with the Commission’s Office of the Managing Director as an attachment.
Item 12.b. If the Applicant answered “Yes” to question 11, it must select the correct fee code here in question 11b. The fee code is XXXX. Select this fee code.
Attachments
For Item 13, the Applicant must check the box showing for each of the following items indicating that it has included the described attachment or that the attachment is not applicable, as appropriate.
Item 13. The Applicant has uploaded an attachment with the justification for the STA and all other relevant information.
Attachments/Confidential Treatment of Attachments
Item 14. If the Applicant is requesting confidential treatment for any of its attachments, answer this question “Yes.” Otherwise, answer “No.”
If the Applicant answers “yes” in item 15, then it must upload a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information. The Applicant must also upload both the Redacted Public version and the Non-Redacted Confidential version of the attachment(s) in the Attachments section which follows below.
The Applicant can upload attachments in this section of the application. The Applicant(s) will identify the attachment(s) with a short name for easy identification of the information included in each attachment.
Note: Each document required to be filed as an attachment should be current as of the date of filing. Each page of every attachment must be identified with the number or letter, the number of the page, and the total number of pages.
In this item, the Applicant may use the upload button to upload its attachments. After uploading, the Applicant can describe the attachment. Also after uploading, the Applicant can click the confidential treatment button next the attachment name if it so desires. Clicking the confidential treatment button will trigger a request to upload both a redacted, public version of the attachment and a public supporting statement justifying the confidentiality request. Identify in the attachment the applicable rule(s) and provide other supporting materials or information. Documents designated for confidential treatment will not be publicly viewable in ICFS while the Commission considers the confidentiality request.
Certification Statements and Acknowledgements
Item 15. The Applicant must certify acknowledgement of all requirements listed here and elsewhere in this form by clicking on the single indicated checkbox. These include:
The Applicant’s certification that it has provided in an attachment the justification for the STA and all other relevant information.
The Applicant’s acknowledgement that grant of the STA does not prejudice action by the Commission on the underlying applications.
The Applicant’s acknowledgement that grant of the STA is subject to revocation/cancelation or modification by the Commission on its own motion without a hearing.
If this STA request is related to the provision of unauthorized service or an unauthorized transaction, the Applicant’s acknowledgement that grant of this STA does not preclude enforcement action for non-compliance with the Communications Act of 1934, as amended, or the Commission’s rules.
The Applicant’s certification that neither Applicant(s) nor any other party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 6301 of the Anti-Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of “party to the application” for these purposes.
The Applicant’s certification that all of its statements made in this application and in the attachments or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.
Party Authorized to Sign
Item 17. . Enter all of the required information in the table:
• the name of the Applicant.
• the title of the person signing the application. If the Applicant is a corporation or other business entity, the person submitting the application must be an officer.
• the signature of the person signing the application.
The Applicant does not enter a date. ICFS will fill in the date automatically with the date on which the application is submitted.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).
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