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
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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would be withdrawn and not take effect.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at 78 FR 11585 is withdrawn as of April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withdrawn as of April 15, 2013.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
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SUMMARY:
VerDate Mar<15>2010
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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
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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
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:
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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
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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
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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
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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/
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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
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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