; and (ii) the covered application shall be deemed approved without conditions if the Commission does not approve or deny the application during the 10-day period described in clause (i). (d) Burden of persuasion shifted Notwithstanding any other provision of law, including section 706 of title 5, United States Code, in a judicial appeal of a Commission decision to deny a covered application, the Commission shall bear the burden of persuasion to demonstrate that the decision is— (1) permitted under applicable statutes and regulations; and (2) supported by the required amount of factual evidence. . 2. Technical and conforming amendment Section 310(d) of the Communications Act of 1934 ( 47 U.S.C. 310(d) ) is amended, in the second sentence, by inserting before the semicolon the following: , except as otherwise provided in section 417 . 3. Effective date The amendment made by section 1 shall apply with respect to any covered application that is submitted to the Federal Communications Commission on or after the date of the enactment of this Act.