PROBLEMS STILL REPORTED WITH FCC ELECTRONIC FILINGS
FCC electronic filing requirements and procedures once again are under attack by attorneys and engineers who are required to use Consolidated Database System (CDBS) for most of their filings on behalf of clients. Making matters worse, according one lawyer, is that “there’s a complete lack of communication” on electronic filings between bureaus. Such communication is “absolutely necessary” for system to work, lawyer said, because, for example, Wireless Bureau handles broadcast auxiliary applications while Mass Media handles all other TV-radio applications. Principal complaint of lawyers was that attachments to electronically filed documents weren’t properly put with applications they referred to until days, sometimes weeks, later. Electronic filing system was criticized year ago (CD July 5 p1/00), and recently was shut down for overhaul (CD June 15 p10).
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Typical of complaints from lawyers: “Each bureau has developed its own program for online filing and there’s no coordination. They don’t mesh… It’s a shambles.” Engineers, too, have electronic filing problems, mostly dealing with data bases, we're told. Assn. of Federal Communications Consulting Engineers (AFCCB) has committee headed by Donald Everist of Cohen, Dippell & Everist that’s meeting regularly with Commission staffers. He and AFCCB Pres. Joseph Davis of Cavell, Mertz & Davis were unavailable to comment last week.
Most of lawyers’ complaints were dismissed as inaccurate by Chuck Ziedzic, asst. chief of Mass Media Video Services Div. While he said it was impossible to comment on individual complaints without knowing applications involved, he told us “overwhelming” percentage of attachments were properly place with their applications. He also said there was “no lack of communication between bureaus that I'm aware of.” FCC forms that are required to be filed electronically include 301 (construction permits), 302 and 347 (license applications), 304 (license renewal), 314-316 (transfer of control), 317 (low-power TV), 323 (ownership report), 346 (major changes) 398 (TV programs for children) and new Form 601 for auxiliary facilities.
“When the system works, it works fairly well,” said John Burgett, partner in Wiley, Rein & Fielding. On other hand, he told us, “we've had many glitches… a whole sordid laundry list.” Among glitches he mentioned: Attachments “mysteriously disappearing;” “random documents that we did not file mysteriously appearing as attachments” to documents that law firm did file; FCC staff unable to open documents that were filed properly; “inaccurate” Form 159 (fee remittance) filings; occasional failure of staff to “connect” fee filing to proper application -- “thus requiring constant attorney vigilance and follow-up.”
Of major concern, Burgett said, is that electronic forms don’t provide for submission of explanatory materials to describe something unusual about particular application. Also, he said, Commission staff often grants applications that should have been accessible through CDBS but never were made available.
Lawyer at another firm, who asked not to be identified, said exhibits “almost all the time” don’t get properly attached to their applications and often there’s delay of weeks before FCC calls to inform attorney that attachments are missing. When attachments and applications aren’t connected properly, FCC staff often asks for paper copy, “and that can be a real problem,” attorney said. Newest problem, same source said, arose 2 weeks ago when couple of questions on employment diversity were added to sales applications (Form 314) and “the staff didn’t even know about it, [thus] causing a little bit of panic.”
Another situation involved use of taxpayer ID for auxiliary applications with password (assigned by FCC). Applicant, we're told, called FCC from her home and party on other end of line wouldn’t accept her password because she wasn’t calling from office phone. In many cases, we're told, Wireless doesn’t know that Mass Media has approved sales application and as result refuses to approve request for auxiliary facilities. Also, applications for digital auxiliary services aren’t being granted: “There’s a whole slew of applications for DTV just sitting there.”
Dziedzic said: “As soon as we're made aware of a [filing] problem, it’s attacked immediately… Sometimes the problem is on our end and sometimes it is not.” And, he said, as soon as attorney identifies problem, “he should contact us immediately [but] it’s simply inaccurate” to say that most attachments aren’t properly placed at FCC with applications they are intended to accompany.
Earlier this month, Radio Business Report filed “emergency petition” asking FCC to “immediately shut down” electronic filings to Mass Media Bureau. Trade publication said it took action following “months of frustration with incomplete and inaccessible filings.” Publication listed 79 such incomplete applications, with attachments for one of them (CP for Bainbridge, Ga.) finally opening up “as 410 pages of gibberish.” Commission hasn’t acted on emergency petition and Dziedzic said most of problems that publication cited had been fixed.