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.