; 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. . 202. 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 . 203. Effective date The amendment made by section 201 shall apply with respect to any covered application that is submitted to the Federal Communications Commission on or after the date of enactment of this Act.