On June 13, 2023, the FCC released a Public Notice providing initial guidance on certain filing deadlines and review periods affected by system outages of the following FCC databases:
- Universal Licensing System (ULS)
- Tower Construction Notification System (TCNS)
- E-106 System
- Antenna Structure Registration System (ASR)
These systems have been unavailable since approximately 6:30 p.m. EDT on Friday, June 9, due to technical issues that the agency anticipates resolving in the near term. Accordingly, the Commission is extending the deadlines of certain filings and review periods as follows:
- Extension of Deadlines for Regulatory Filings in ULS and ASR: The Commission is extending the filing deadlines for all regulatory filings that need to be filed via ULS or ASR. Regulatory filings that were due on or after June 9, 2023 through when the Commission announces resumption of normal operations are extended for at least three business days after access to the systems resumes. This extension only applies to filings that are due to be filed during the period when the system is unavailable, and will not apply to comment or filing deadlines that occur outside of this time period.
- Pausing of Historic Preservation Review Periods: For any review periods based on filings made in the TCNS and E-106 systems that were or are in progress during the period of unavailability, those review periods are paused while the systems are unavailable. Accordingly, review periods will resume when the systems become available.
- Responsive Pleadings: To the extent that due dates are extended by this Public Notice for filings to which reply or responsive pleadings are allowed, the due dates for those reply or responsive pleadings shall be extended by at least three business days after the affected systems are available.
- Statutory Filing Deadlines: For the purpose of any applicable statutory deadlines that may apply to any filings required to be made in the affected systems, the FCC considers the Commission to have been closed for the filing of documents in these systems as of 5 p.m. EDT on Friday, June 9, 2023. The Commission will announce at a later date when it is open for the filing of documents with statutory deadlines in the affected systems, including the deadline by which such documents must be filed to be deemed to satisfy the statutory deadline. The Commission does not extend the due dates for any responsive pleadings to such filings, but will consider requests for extensions of time.
- Special Temporary Authority (STA): Any STAs expiring on or after June 9, 2023 through when the Commission announces resumption of normal operations are extended for at least three business days after access to the systems resumes. While ULS is unavailable, all emergency STA requests should be submitted through the Electronic Comment Filing System (ECFS) pursuant to the instructions described in DA 20-463 for filing market-based STAs or via the FCC Operations Center.
All other due dates will remain the same. Since the Commission is extending deadlines, it will not accept paper filings in lieu of filings that, by rule, may only be made in one of the affected systems. Further, CORES is unaffected by the system outage, and will remain available for payment of any regulatory or application fee payments during this period.
The relevant Bureaus will provide further guidance, including specific deadlines, by issuing another Public Notice once these systems are operational.
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