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FCC Guidelines for Electronic Signatures
FEDERAL COMMUNICATIONS COMMISSION (FCC)
The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.
The Federal Communications Commission is regulated by 47 C.F.R. Part 1 and 5 CFR Chapter XXIX.greater flexibility and speed of service.
47 CFR Part 1
Subpart Y—International Bureau Filing System
§ 1.10011 Who may sign applications?(a) “Signed” in this section refers to electronically filed 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 IBFS.
Subpart M—Cable Operations and Licensing System (COALS)
§ 1.1703 Definitions.(h) Signed. For manually filed applications only, an original hand-written signature. For electronically filed applications only, an electronic signature. An electronic signature shall consist of the name of the applicant transmitted electronically via COALS and entered on the filing as a signature.
§ 1.9011 Who may sign applications?
(a) “Signed” in this section refers to electronically filed 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 IBFS.
§ 1.9050 Who may sign spectrum leasing notifications and applications.
(d) “Signed,” as used in this section, means, for manually filed notifications and applications only, an original hand-written signature or, for electronically filed notifications and applications only, an electronic signature. An electronic signature shall consist of the name of the licensee or spectrum lessee transmitted electronically via ULS and entered on the application as a signature.
Subpart F—Wireless Radio Services Applications and Proceedings
§ 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 and entered on the application as a signature.
Subpart B—Rules for Electronic Filing
§ 61.14 Method of filing publications.(b)(2)(ii) Issuing carriers submitting tariffing fees electronically may submit a copy of the Form 159 electronically as an associated document with their tariff filing publication. In this instance issuing carriers must provide an electronic signature on their letter of transmittal in accordance with section 1.52 of this chapter.
§ 64.3100 Restrictions on mobile service commercial messages. (available online here)
(d) Express Prior Authorization may be obtained by oral or written means, including electronic methods.
Communications Carriers Using Internet Based LOA's
Carriers using Internet LOAs to sign up subscribers will be required to comply with the consumer disclosure requirements of section 101(c) of the E-Sign Act. Section 101(c) requires, among other things, that the carrier obtain the subscriber's consent to use electronic records, obtain the subscriber's acknowledgment that he or she has the software and hardware necessary to access the information in the electronic form (i.e., Internet LOA) used by the carrier, and give the subscriber notice of the procedures for withdrawing consent. Section 101(c) also requires carriers to inform subscribers of any right (after consent to the transaction) to a non-electronic (that is, paper) copy of the electronic record of the transaction, to tell them how to obtain such a copy, and to make clear whether a fee will be charged for the copy. Accordingly, we modify our rules to incorporate by reference the requirements of Section 101(c) of the E-Sign Act. We note that these consumer disclosures, in conjunction with the form and content requirements for LOAs under 64.1130 of our rules, are likely to address concerns about unwary consumers who might inadvertently switch their telephone service providers while exploring websites or participating in contests on the Internet. At the same time, we recognize that many commenters expressed concerns regarding fraudulent use of Internet LOAs that may not be fully addressed by the protections afforded by compliance with section 101(c) of the E-Sign Act. In this regard, we note that, if a subscriber contests the authenticity of an Internet LOA, the carrier will have the burden of proof to counter the subscriber's allegation.
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