Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service Reform-Mobility Fund, 22198-22201 [2013-08679]

Download as PDF 22198 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations April 9, 1998 (63 FR 17331). These compounds were added to the exclusion list for VOC on the basis that they have a negligible effect on tropospheric ozone formation. In the direct final rule, EPA stated that if adverse comments were received by March 21, 2013, the rule would be withdrawn and not take effect. On March 21, 2013, EPA received a comment. EPA interprets this comment as adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed rulemaking action, also published on February 19, 2013 (78 FR 11618). EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 5, 2013. Beverly H. Banister, Acting Regional Administrator, Region 4. Accordingly, the amendment to 40 CFR 52.2220(c) which published in the Federal Register on February 19, 2013, at 78 FR 11585 is withdrawn as of April 15, 2013. ■ [FR Doc. 2013–08695 Filed 4–12–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 final action at a later time. EPA will not institute a second comment period on this action. The direct final rule published at 78 FR 12238 on February 22, 2013, is withdrawn as of April 15, 2013. DATES: FOR FURTHER INFORMATION CONTACT: Richard Wong, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–8726. Mr. Wong can be reached via electronic mail at wong.richard@epa.gov. On February 22, 2013 (78 FR 12238), EPA proposed to approve North Carolina’s August 2, 2012, SIP submission. The limited maintenance plan update is for the maintenance areas showing continued attainment of the 8-hour CO NAAQS for the Charlotte, Raleigh/ Durham and Winston-Salem Areas. In the direct final rule, EPA stated that if adverse comments were received by March 25, 2013, the rule would be withdrawn and not take effect. On March 25, 2013, EPA received a comment. The comment could be interpreted as adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment, as appropriate, in a subsequent final action based upon the proposed rulemaking action, also published on February 22, 2013 (78 FR 12267). EPA will not institute a second comment period on this action. SUPPLEMENTARY INFORMATION: [EPA–R04–OAR–2012–0961; FRL–9802–8] List of Subjects in 40 CFR Part 52 Approval and Promulgation of Air Quality Implementation Plans; Charlotte, Raleigh/Durham and Winston Salem Carbon Monoxide Limited Maintenance Plan Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: Due to the receipt of a comment, EPA is voluntarily withdrawing the February 22, 2013, direct final rule to approve North Carolina’s August 2, 2012, state implementation plan (SIP) submission for the limited maintenance plan showing continued attainment of the 8hour carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS) for the Charlotte, Raleigh/Durham and Winston-Salem Areas. EPA will consider this comment and will address the comment as appropriate and take mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:10 Apr 12, 2013 Jkt 229001 Dated: April 3, 2013. A. Stanley Meiburg, Acting Regional Administrator, Region 4. Accordingly, the amendment to 40 CFR 52.1770 which published in the Federal Register on February 22, 2013, at 78 FR 12243 is withdrawn as of April 15, 2013. ■ [FR Doc. 2013–08694 Filed 4–12–13; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 10–90, 07–135, 05–337, 03–109; GN Docket No. 09–51; CC Docket Nos. 01–92, 96–45; WT Docket No. 10–208; DA 13–332] Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service Reform—Mobility Fund Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Wireline Competition Bureau (Bureau) addresses a petition for clarification and reconsideration, or in the alternative waiver, filed by the United States Telecom Association and CTIA—The Wireless Association. The Bureau also clarifies and waives certain aspects of the reporting requirements adopted in the USF/ICC Transformation Order for eligible telecommunications carriers relating to five-year build-out plans and broadband network testing. DATES: Effective May 15, 2013, except for the amendments made to § 54.313(a) in this document, which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date for that section. FOR FURTHER INFORMATION CONTACT: Alexander Minard, Wireline Competition Bureau, (202) 418–7400 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order in WC Docket Nos. 10–90, 07–135, 05–337, 03–109; GN Docket No. 09–51; CC Docket Nos. 01–92, 96–45; WT Docket No. 10–208; DA 13–332, adopted on March 5, 2013 and released on March 5, 2013. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW., Washington, DC 20554. Or at the following Internet address: https://transition.fcc.gov/Daily_Releases/ Daily_Business/2013/db0305/DA-13332A1.pdf. SUMMARY: E:\FR\FM\15APR1.SGM 15APR1 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations I. Introduction mstockstill on DSK4VPTVN1PROD with RULES 1. In the Order, the Bureau addresses a petition for clarification and reconsideration, or in the alternative waiver, filed by the United States Telecom Association (USTelecom) and CTIA—The Wireless Association (CTIA) (collectively, Petitioners). The Bureau clarifies and waives certain aspects of the reporting requirements adopted in the USF/ICC Transformation Order, 76 FR 73830, November 29, 2011, for eligible telecommunications carriers (ETCs) relating to five-year build-out plans and broadband network testing. The Bureau also clarifies and revises § 54.313(a) of the Commission’s rules accordingly. 2. In the USF/ICC Transformation Order, the Commission adopted several reforms to harmonize and update annual ETC reporting requirements. The Commission extended reporting requirements for voice service to all ETCs and adopted new reporting requirements to reflect new broadband obligations. Shortly after the USF/ICC Transformation Order was released, USTelecom filed a Petition for Reconsideration seeking reconsideration of, among other things, various of these reporting requirements. Specifically, USTelecom argued that the new ETC reporting requirements implemented in the USF/ICC Transformation Order were unduly burdensome and unnecessary, that they should be applied prospectively, and that the effective date of the reporting obligations should be delayed. In the Third Reconsideration Order, 77 FR 30904, May 24, 2012, the Commission granted in part and denied in part aspects of the USTelecom Petition for Reconsideration. The Commission granted USTelecom’s request to revise the filing deadline for § 54.313 annual reports from April 1 to July 1. The Commission denied USTelecom’s request to clarify that the Commission intended to preempt state reporting requirements pursuant to § 54.313, and the Commission also denied USTelecom’s request to exempt state-designated ETCs from the requirements in the USF/ICC Transformation Order. The Commission did not address other aspects of USTelecom’s initial Petition for Reconsideration in the Third Reconsideration Order. II. Discussion 3. In the USF/ICC Transformation Order, the Commission delegated to the Bureau the authority to revise and clarify rules as necessary to ensure that the reforms adopted in the USF/ICC Transformation Order are properly VerDate Mar<15>2010 16:10 Apr 12, 2013 Jkt 229001 reflected in the rules. In this Order, the Bureau acts pursuant to this delegated authority to revise and clarify certain rules, and acts pursuant to authority delegated to the Bureau generally to clarify and waive certain rules relating to five-year plans and broadband performance testing. A. Five-Year Build-Out Plans 4. Discussion. First, the Bureau clarifies that competitive ETCs whose support is being phased down do not have to file new five-year plans. The Commission required ETCs to file new five-year plans to account for new broadband obligations in a manner consistent with § 54.202(a)(1)(ii). But the Commission also exempted from new broadband obligations those competitive ETCs whose support is being phased down. Because the fiveyear plans are intended to reflect new broadband obligations, those competitive ETCs do not have to file such plans. 5. We underscore that competitive ETCs must continue to file annual updates on any five-year plan already filed with the Commission, and that competitive ETCs should comply with any other relevant state requirements, as stipulated in the Third Reconsideration Order. In the USF/ICC Transformation Order, the Commission found it ‘‘necessary and appropriate’’ to continue to receive annual reports from ETCs that have already filed five-year plans in order to ‘‘ensure the continued availability of high-quality voice services.’’ While competitive ETCs may have their support phased down, and aspects of their original five-year plans may change because of the reduction in support, there is significant value in those ETCs continuing to file annual updates to their respective five-year plans. Indeed, it would be appropriate for those ETCs to reflect any adjustments to their original five-year plans in the annual updates. These annual updates will assist the Commission in monitoring the impact of its universal service reforms on competitive ETCs’ provision of voice service, consistent with the requirements in the Third Reconsideration Order. 6. Second, the Bureau waives the requirement that price cap recipients of frozen support or incremental support file five-year plans by July 1, 2013. The Bureau finds that it is in the public interest to grant a limited waiver, at this time, of this aspect of the 2013 annual report for price cap recipients of frozen support or incremental support, so that carriers do not begin the process now of developing such plans without knowing PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 22199 which areas they will be serving in the future. Instead, price cap carriers that accept the offer of support will be required to file five-year plans in the 2014 annual report. When the Commission adopted the requirement that price cap ETCs file new five-year plans in 2013, it anticipated that the Bureau would adopt a forward-looking cost model by the end of 2012 for purposes of offering support to price cap carriers beginning January 1, 2013. In order for those carriers to develop a fiveyear plan, they first need to make the threshold decision of whether to make a state-level commitment. While the Bureau has made significant progress on the forward-looking cost model in recent months and expects to complete that work in the months ahead, until the cost model is adopted and incumbents have the opportunity to accept a statelevel commitment, it does not serve the public interest to require the filing of five-year plans for this group of ETCs. The Bureau therefore grants a limited waiver from filing five-year plans to price cap recipients of frozen support or incremental support. 7. Finally, the Bureau affirms that rate-of-return carriers must file five-year plans in 2013. Unlike price cap carriers that may potentially decline to make a state-wide commitment in Phase II and will lose support once an area is auctioned to another provider, the existing support mechanisms will continue to provide funding to rate-ofreturn carriers. The filing of five-year plans by rate-of-return carriers this year will provide valuable information that will assist the Commission in monitoring the impact of its universal service reforms. In order to monitor progress towards achievement of the Commission’s broadband objectives, it is important to develop a baseline understanding of the current state. The five-year plans should describe the carrier’s network improvement plan, which should provide greater visibility into current plans to extend broadband service to unserved locations in rate-ofreturn service territories. 8. The Commission adopted a more flexible approach for this group of ETCs, allowing them to provide broadband ‘‘upon reasonable request.’’ Rate-ofreturn carriers must certify that they are taking reasonable steps to offer broadband service in their service area, and that requests for broadband service are met within a reasonable amount of time. We encourage rate-of-return carriers to explain in their five-year plans what criteria the carrier will use to determine whether a request for broadband is reasonable and how the carrier will decide which areas are E:\FR\FM\15APR1.SGM 15APR1 22200 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES feasible to extend terrestrial broadband service to, and which areas are not feasible to serve with terrestrial technologies, given current funding levels. 9. The Bureau does not expect a rateof-return carrier to plan to build out terrestrial wireline broadband service to all locations within its study area. The Commission has recognized that there are some areas of the country where it is cost prohibitive to extend broadband using terrestrial wireline technology, and that in some areas satellite or fixed wireless technologies may be more costeffective options to extend service. Indeed, we are aware anecdotally that rate-of-return carriers today use a mix of technologies to serve their customers. For that reason, we expect rate-of-return carriers to develop plans that reflect the cost characteristics of their service territories and current funding levels, setting forth what sort of broadband service build-out is reasonable over the five-year time period. B. Network Performance Testing and Reporting Requirements 10. Discussion. First, the Bureau, pursuant to its delegated authority, revises § 54.313(a)(11). The Bureau agrees with Petitioners that the wording of § 54.313(a)(11) should be modified to more clearly reflect the USF/ICC Transformation Order. Therefore, we delete the final phrase from § 54.313(a)(11), ‘‘and the information and data required by this paragraphs (a)(1) through (7) of this section separately broken out for both voice and broadband service.’’ Consequently, revised § 54.313(a)(11) will state: ‘‘The results of network performance tests pursuant to the methodology and in the format determined by the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of Engineering and Technology.’’ We move the deleted phrase to paragraph (a) in § 54.313, which will now state: ‘‘(a) Any recipient of high-cost support shall provide the following, with the information and data required by paragraphs (a)(1) through (7) of this section separately broken out for both voice service and broadband service.’’ As the Commission stated in the USF/ ICC Transformation Order, collecting this information from ETCs ‘‘ensure[s] the continued availability of highquality voice services and monitor[s] progress in achieving our broadband goals.’’ 11. Second, the Bureau clarifies that § 54.313(a)(11), as revised, does not apply to competitive ETCs whose support is being phased down, consistent with the language in the USF/ VerDate Mar<15>2010 16:10 Apr 12, 2013 Jkt 229001 ICC Transformation Order. The Commission stated that ‘‘[c]ompetitive ETCs whose support is being phased down will not be required to submit any of the new information or certifications * * * related solely to the new broadband public interest obligations.’’ 12. Finally, the Bureau clarifies that no ETCs will be required to begin testing the performance of their broadband networks until after the Bureaus, pursuant to the Commission’s direction, have specified the format and methodology for such testing, and PRA approval for this data collection has been obtained. Because this has not yet occurred, no ETCs will be required to file network performance results with their 2013 annual reports. 13. We decline at this time to address Petitioners’ argument that the Commission should not impose any broadband data reporting requirements under § 54.313(a)(11) on ETCs that are receiving CAF I incremental support or frozen high-cost support. The Bureau will be in a better position to assess the merits of that argument once it has taken further action to define the scope of the requirement. III. Procedural Matters A. Paperwork Reduction Act 14. Although this document clarifies several existing information collection requirements, it does not contain new or modified information collection requirements subject to the PRA. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198. B. Final Regulatory Flexibility Certification 15. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that ‘‘the rule will not have a significant economic impact on a substantial number of small entities.’’ The RFA generally defines ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 additional criteria established by the Small Business Administration (SBA). 16. This Order clarifies, but does not otherwise modify, the USF/ICC Transformation Order. These clarifications do not create any burdens, benefits, or requirements that were not addressed by the Final Regulatory Flexibility Analysis attached to USF/ ICC Transformation Order. Therefore, we certify that the requirements of this Order will not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the Order, including a copy of this final certification, in a report to Congress pursuant to the SBREFA. In addition, the Order and this certification will be sent to the Chief Counsel for Advocacy of the Small Business Administration, and will be published in the Federal Register. C. Congressional Review Act 17. The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. IV. Ordering Clauses 18. Accordingly, it is ordered, pursuant to the authority contained in sections 1, 2, 4(i), 201–206, 214, 218– 220, 251, 252, 254, 256, 303(r), 332, and 403 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, 47 U.S.C. 151, 152, 154(i), 201–206, 214, 218–220, 251, 252, 254, 256, 303(r), 332, 403, 1302, pursuant to §§ 0.91, 0.201(d), 0.291, 1.3, and 1.427 of the Commission’s rules, 47 CFR 0.91, 0.201(d), 0.291, 1.3, 1.427 and pursuant to the delegation of authority in paragraph 1404 of FCC 11–161, that this Order is adopted, effective May 15, 2013, except for the amendments made to § 54.313(a) in this document, which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date for that section. 19. It is further ordered that, pursuant to the authority contained in §§ 0.91, 0.201(d), 0.291, 1.3, 1.427 of the Commission’s rules, 47 CFR 0.91, 0.201(d), 0.291, 1.3, 1.427 and pursuant to the delegations of authority in paragraphs 584 and 1404 of FCC 11– 161, the petition for clarification and reconsideration or, in the alternative, for waiver, of CTIA—The Wireless Association and the United States E:\FR\FM\15APR1.SGM 15APR1 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations Telecom Association, IS granted in part, to the extent described herein, and denied in part, to the extent described herein. It is further ordered that part 54 of the Commission’s rules, 47 CFR part 54, is amended as set forth in the Appendix, and such rule amendment shall be effective May 15, 2013, except for the amendments made to § 54.313(a) in this document, which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date for that section. mstockstill on DSK4VPTVN1PROD with RULES List of Subjects in 47 CFR Part 54 Communications common carriers, Reporting and record keeping requirements, Telecommunications, Telephone. VerDate Mar<15>2010 16:10 Apr 12, 2013 Jkt 229001 Federal Communications Commission. Julie A. Veach, Chief, Wireline Competition Bureau. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 54 as follows: PART 54—UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: ■ Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, 219, 220, 254, 303(r), 403, and 1302 unless otherwise noted. Subpart D—Universal Service Support for High Cost Areas 2. Amend § 54.313 by revising paragraph (a) introductory text and paragraph (a)(11) to read as follows: § 54.313 Annual reporting requirements for high-cost recipients. (a) Any recipient of high-cost support shall provide the following, with the information and data required by paragraphs (a)(1) through (7) of this section separately broken out for both voice service and broadband service: * * * * * (11) Beginning July 1, 2013. The results of network performance tests pursuant to the methodology and in the format determined by the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of Engineering and Technology. * * * * * [FR Doc. 2013–08679 Filed 4–12–13; 8:45 am] BILLING CODE 6712–01–P ■ PO 00000 Frm 00051 Fmt 4700 Sfmt 9990 22201 E:\FR\FM\15APR1.SGM 15APR1

Agencies

[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22198-22201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08679]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; CC 
Docket Nos. 01-92, 96-45; WT Docket No. 10-208; DA 13-332]


Connect America Fund; A National Broadband Plan for Our Future; 
Establishing Just and Reasonable Rates for Local Exchange Carriers; 
High-Cost Universal Service Support; Developing a Unified Intercarrier 
Compensation Regime; Federal-State Joint Board on Universal Service; 
Lifeline and Link-Up; Universal Service Reform--Mobility Fund

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Wireline Competition Bureau (Bureau) 
addresses a petition for clarification and reconsideration, or in the 
alternative waiver, filed by the United States Telecom Association and 
CTIA--The Wireless Association. The Bureau also clarifies and waives 
certain aspects of the reporting requirements adopted in the USF/ICC 
Transformation Order for eligible telecommunications carriers relating 
to five-year build-out plans and broadband network testing.

DATES:  Effective May 15, 2013, except for the amendments made to Sec.  
54.313(a) in this document, which contain information collection 
requirements that are not effective until approved by the Office of 
Management and Budget. The Federal Communications Commission will 
publish a document in the Federal Register announcing the effective 
date for that section.

FOR FURTHER INFORMATION CONTACT: Alexander Minard, Wireline Competition 
Bureau, (202) 418-7400 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; 
CC Docket Nos. 01-92, 96-45; WT Docket No. 10-208; DA 13-332, adopted 
on March 5, 2013 and released on March 5, 2013. The full text of this 
document is available for public inspection during regular business 
hours in the FCC Reference Center, Room CY-A257, 445 12th Street SW., 
Washington, DC 20554. Or at the following Internet address: https://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0305/DA-13-332A1.pdf.

[[Page 22199]]

I. Introduction

    1. In the Order, the Bureau addresses a petition for clarification 
and reconsideration, or in the alternative waiver, filed by the United 
States Telecom Association (USTelecom) and CTIA--The Wireless 
Association (CTIA) (collectively, Petitioners). The Bureau clarifies 
and waives certain aspects of the reporting requirements adopted in the 
USF/ICC Transformation Order, 76 FR 73830, November 29, 2011, for 
eligible telecommunications carriers (ETCs) relating to five-year 
build-out plans and broadband network testing. The Bureau also 
clarifies and revises Sec.  54.313(a) of the Commission's rules 
accordingly.
    2. In the USF/ICC Transformation Order, the Commission adopted 
several reforms to harmonize and update annual ETC reporting 
requirements. The Commission extended reporting requirements for voice 
service to all ETCs and adopted new reporting requirements to reflect 
new broadband obligations. Shortly after the USF/ICC Transformation 
Order was released, USTelecom filed a Petition for Reconsideration 
seeking reconsideration of, among other things, various of these 
reporting requirements. Specifically, USTelecom argued that the new ETC 
reporting requirements implemented in the USF/ICC Transformation Order 
were unduly burdensome and unnecessary, that they should be applied 
prospectively, and that the effective date of the reporting obligations 
should be delayed. In the Third Reconsideration Order, 77 FR 30904, May 
24, 2012, the Commission granted in part and denied in part aspects of 
the USTelecom Petition for Reconsideration. The Commission granted 
USTelecom's request to revise the filing deadline for Sec.  54.313 
annual reports from April 1 to July 1. The Commission denied 
USTelecom's request to clarify that the Commission intended to preempt 
state reporting requirements pursuant to Sec.  54.313, and the 
Commission also denied USTelecom's request to exempt state-designated 
ETCs from the requirements in the USF/ICC Transformation Order. The 
Commission did not address other aspects of USTelecom's initial 
Petition for Reconsideration in the Third Reconsideration Order.

II. Discussion

    3. In the USF/ICC Transformation Order, the Commission delegated to 
the Bureau the authority to revise and clarify rules as necessary to 
ensure that the reforms adopted in the USF/ICC Transformation Order are 
properly reflected in the rules. In this Order, the Bureau acts 
pursuant to this delegated authority to revise and clarify certain 
rules, and acts pursuant to authority delegated to the Bureau generally 
to clarify and waive certain rules relating to five-year plans and 
broadband performance testing.

A. Five-Year Build-Out Plans

    4. Discussion. First, the Bureau clarifies that competitive ETCs 
whose support is being phased down do not have to file new five-year 
plans. The Commission required ETCs to file new five-year plans to 
account for new broadband obligations in a manner consistent with Sec.  
54.202(a)(1)(ii). But the Commission also exempted from new broadband 
obligations those competitive ETCs whose support is being phased down. 
Because the five-year plans are intended to reflect new broadband 
obligations, those competitive ETCs do not have to file such plans.
    5. We underscore that competitive ETCs must continue to file annual 
updates on any five-year plan already filed with the Commission, and 
that competitive ETCs should comply with any other relevant state 
requirements, as stipulated in the Third Reconsideration Order. In the 
USF/ICC Transformation Order, the Commission found it ``necessary and 
appropriate'' to continue to receive annual reports from ETCs that have 
already filed five-year plans in order to ``ensure the continued 
availability of high-quality voice services.'' While competitive ETCs 
may have their support phased down, and aspects of their original five-
year plans may change because of the reduction in support, there is 
significant value in those ETCs continuing to file annual updates to 
their respective five-year plans. Indeed, it would be appropriate for 
those ETCs to reflect any adjustments to their original five-year plans 
in the annual updates. These annual updates will assist the Commission 
in monitoring the impact of its universal service reforms on 
competitive ETCs' provision of voice service, consistent with the 
requirements in the Third Reconsideration Order.
    6. Second, the Bureau waives the requirement that price cap 
recipients of frozen support or incremental support file five-year 
plans by July 1, 2013. The Bureau finds that it is in the public 
interest to grant a limited waiver, at this time, of this aspect of the 
2013 annual report for price cap recipients of frozen support or 
incremental support, so that carriers do not begin the process now of 
developing such plans without knowing which areas they will be serving 
in the future. Instead, price cap carriers that accept the offer of 
support will be required to file five-year plans in the 2014 annual 
report. When the Commission adopted the requirement that price cap ETCs 
file new five-year plans in 2013, it anticipated that the Bureau would 
adopt a forward-looking cost model by the end of 2012 for purposes of 
offering support to price cap carriers beginning January 1, 2013. In 
order for those carriers to develop a five-year plan, they first need 
to make the threshold decision of whether to make a state-level 
commitment. While the Bureau has made significant progress on the 
forward-looking cost model in recent months and expects to complete 
that work in the months ahead, until the cost model is adopted and 
incumbents have the opportunity to accept a state-level commitment, it 
does not serve the public interest to require the filing of five-year 
plans for this group of ETCs. The Bureau therefore grants a limited 
waiver from filing five-year plans to price cap recipients of frozen 
support or incremental support.
    7. Finally, the Bureau affirms that rate-of-return carriers must 
file five-year plans in 2013. Unlike price cap carriers that may 
potentially decline to make a state-wide commitment in Phase II and 
will lose support once an area is auctioned to another provider, the 
existing support mechanisms will continue to provide funding to rate-
of-return carriers. The filing of five-year plans by rate-of-return 
carriers this year will provide valuable information that will assist 
the Commission in monitoring the impact of its universal service 
reforms. In order to monitor progress towards achievement of the 
Commission's broadband objectives, it is important to develop a 
baseline understanding of the current state. The five-year plans should 
describe the carrier's network improvement plan, which should provide 
greater visibility into current plans to extend broadband service to 
unserved locations in rate-of-return service territories.
    8. The Commission adopted a more flexible approach for this group 
of ETCs, allowing them to provide broadband ``upon reasonable 
request.'' Rate-of-return carriers must certify that they are taking 
reasonable steps to offer broadband service in their service area, and 
that requests for broadband service are met within a reasonable amount 
of time. We encourage rate-of-return carriers to explain in their five-
year plans what criteria the carrier will use to determine whether a 
request for broadband is reasonable and how the carrier will decide 
which areas are

[[Page 22200]]

feasible to extend terrestrial broadband service to, and which areas 
are not feasible to serve with terrestrial technologies, given current 
funding levels.
    9. The Bureau does not expect a rate-of-return carrier to plan to 
build out terrestrial wireline broadband service to all locations 
within its study area. The Commission has recognized that there are 
some areas of the country where it is cost prohibitive to extend 
broadband using terrestrial wireline technology, and that in some areas 
satellite or fixed wireless technologies may be more cost-effective 
options to extend service. Indeed, we are aware anecdotally that rate-
of-return carriers today use a mix of technologies to serve their 
customers. For that reason, we expect rate-of-return carriers to 
develop plans that reflect the cost characteristics of their service 
territories and current funding levels, setting forth what sort of 
broadband service build-out is reasonable over the five-year time 
period.

B. Network Performance Testing and Reporting Requirements

    10. Discussion. First, the Bureau, pursuant to its delegated 
authority, revises Sec.  54.313(a)(11). The Bureau agrees with 
Petitioners that the wording of Sec.  54.313(a)(11) should be modified 
to more clearly reflect the USF/ICC Transformation Order. Therefore, we 
delete the final phrase from Sec.  54.313(a)(11), ``and the information 
and data required by this paragraphs (a)(1) through (7) of this section 
separately broken out for both voice and broadband service.'' 
Consequently, revised Sec.  54.313(a)(11) will state: ``The results of 
network performance tests pursuant to the methodology and in the format 
determined by the Wireline Competition Bureau, Wireless 
Telecommunications Bureau, and Office of Engineering and Technology.'' 
We move the deleted phrase to paragraph (a) in Sec.  54.313, which will 
now state: ``(a) Any recipient of high-cost support shall provide the 
following, with the information and data required by paragraphs (a)(1) 
through (7) of this section separately broken out for both voice 
service and broadband service.'' As the Commission stated in the USF/
ICC Transformation Order, collecting this information from ETCs 
``ensure[s] the continued availability of high-quality voice services 
and monitor[s] progress in achieving our broadband goals.''
    11. Second, the Bureau clarifies that Sec.  54.313(a)(11), as 
revised, does not apply to competitive ETCs whose support is being 
phased down, consistent with the language in the USF/ICC Transformation 
Order. The Commission stated that ``[c]ompetitive ETCs whose support is 
being phased down will not be required to submit any of the new 
information or certifications * * * related solely to the new broadband 
public interest obligations.''
    12. Finally, the Bureau clarifies that no ETCs will be required to 
begin testing the performance of their broadband networks until after 
the Bureaus, pursuant to the Commission's direction, have specified the 
format and methodology for such testing, and PRA approval for this data 
collection has been obtained. Because this has not yet occurred, no 
ETCs will be required to file network performance results with their 
2013 annual reports.
    13. We decline at this time to address Petitioners' argument that 
the Commission should not impose any broadband data reporting 
requirements under Sec.  54.313(a)(11) on ETCs that are receiving CAF I 
incremental support or frozen high-cost support. The Bureau will be in 
a better position to assess the merits of that argument once it has 
taken further action to define the scope of the requirement.

III. Procedural Matters

A. Paperwork Reduction Act

    14. Although this document clarifies several existing information 
collection requirements, it does not contain new or modified 
information collection requirements subject to the PRA. In addition, 
therefore, it does not contain any new or modified information 
collection burden for small business concerns with fewer than 25 
employees, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198.

B. Final Regulatory Flexibility Certification

    15. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' The RFA generally defines ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    16. This Order clarifies, but does not otherwise modify, the USF/
ICC Transformation Order. These clarifications do not create any 
burdens, benefits, or requirements that were not addressed by the Final 
Regulatory Flexibility Analysis attached to USF/ICC Transformation 
Order. Therefore, we certify that the requirements of this Order will 
not have a significant economic impact on a substantial number of small 
entities. The Commission will send a copy of the Order, including a 
copy of this final certification, in a report to Congress pursuant to 
the SBREFA. In addition, the Order and this certification will be sent 
to the Chief Counsel for Advocacy of the Small Business Administration, 
and will be published in the Federal Register.

C. Congressional Review Act

    17. The Commission will send a copy of this Order to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act.

IV. Ordering Clauses

    18. Accordingly, it is ordered, pursuant to the authority contained 
in sections 1, 2, 4(i), 201-206, 214, 218-220, 251, 252, 254, 256, 
303(r), 332, and 403 of the Communications Act of 1934, as amended, and 
section 706 of the Telecommunications Act of 1996, 47 U.S.C. 151, 152, 
154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, 
1302, pursuant to Sec. Sec.  0.91, 0.201(d), 0.291, 1.3, and 1.427 of 
the Commission's rules, 47 CFR 0.91, 0.201(d), 0.291, 1.3, 1.427 and 
pursuant to the delegation of authority in paragraph 1404 of FCC 11-
161, that this Order is adopted, effective May 15, 2013, except for the 
amendments made to Sec.  54.313(a) in this document, which contain 
information collection requirements that are not effective until 
approved by the Office of Management and Budget. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing the effective date for that section.
    19. It is further ordered that, pursuant to the authority contained 
in Sec. Sec.  0.91, 0.201(d), 0.291, 1.3, 1.427 of the Commission's 
rules, 47 CFR 0.91, 0.201(d), 0.291, 1.3, 1.427 and pursuant to the 
delegations of authority in paragraphs 584 and 1404 of FCC 11-161, the 
petition for clarification and reconsideration or, in the alternative, 
for waiver, of CTIA--The Wireless Association and the United States

[[Page 22201]]

Telecom Association, IS granted in part, to the extent described 
herein, and denied in part, to the extent described herein.
    It is further ordered that part 54 of the Commission's rules, 47 
CFR part 54, is amended as set forth in the Appendix, and such rule 
amendment shall be effective May 15, 2013, except for the amendments 
made to Sec.  54.313(a) in this document, which contain information 
collection requirements that are not effective until approved by the 
Office of Management and Budget. The Federal Communications Commission 
will publish a document in the Federal Register announcing the 
effective date for that section.

List of Subjects in 47 CFR Part 54

    Communications common carriers, Reporting and record keeping 
requirements, Telecommunications, Telephone.

Federal Communications Commission.
Julie A. Veach,
Chief, Wireline Competition Bureau.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority citation for part 54 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i), 201, 205, 214, 219, 220, 254, 
303(r), 403, and 1302 unless otherwise noted.

Subpart D--Universal Service Support for High Cost Areas

0
2. Amend Sec.  54.313 by revising paragraph (a) introductory text and 
paragraph (a)(11) to read as follows:


Sec.  54.313  Annual reporting requirements for high-cost recipients.

    (a) Any recipient of high-cost support shall provide the following, 
with the information and data required by paragraphs (a)(1) through (7) 
of this section separately broken out for both voice service and 
broadband service:
* * * * *
    (11) Beginning July 1, 2013. The results of network performance 
tests pursuant to the methodology and in the format determined by the 
Wireline Competition Bureau, Wireless Telecommunications Bureau, and 
Office of Engineering and Technology.
* * * * *
[FR Doc. 2013-08679 Filed 4-12-13; 8:45 am]
BILLING CODE 6712-01-P
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