Survey of Urban Rates for Fixed Voice and Fixed Broadband Residential Services, 29063-29071 [2013-10567]
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documentation identified in paragraphs
(b)(4) through (b)(7) of this section.
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[FR Doc. 2013–11442 Filed 5–16–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Synopsis of Reconsideration Order
47 CFR Part 54
[WC Docket Nos. 10–90; DA 13–598]
Survey of Urban Rates for Fixed Voice
and Fixed Broadband Residential
Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau and the
Wireless Telecommunications Bureau
adopt the form and content for a survey
of urban rates for fixed voice and fixed
broadband residential services, which
the Commission will use to implement
universal service reforms adopted as
part of the USF/ICC Transformation
Order.
DATES: Effective May 17, 2013. This
Order contains information collection
requirements that have not been
approved by the Office of Management
and Budget (OMB). The Commission
will publish a separate document in the
Federal Register announcing their
effective dates.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Suzanne Yelen, Assistant Division
Chief, at 202–418–0626, Industry
Analysis & Technology Division,
Wireline Competition Bureau. For
additional information concerning the
PRA information collection
requirements contained in this
document, send an email to
PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214.
SUPPLEMENTARY INFORMATION: This is a
summary of the Bureau’s Urban Rates
Survey Order in WC Docket No. 10–90;
DA 13–598, released on April 3, 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,
and may also be purchased from the
Commission’s copy contractor, BCPI,
Inc., Portals II, 445 Twelfth Street SW.,
Room CY–B402, Washington, DC 20554.
Customers may contact BCPI, Inc. via
their Web site, https://www.bcpi.com, or
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SUMMARY:
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call 1–800–378–3160. This document is
available in alternative formats
(computer diskette, large print, audio
record, and Braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
1. On November 18, 2011, the
Commission released the USF/ICC
Transformation Order and FNPRM, 76
FR 73830, November 29, 2011, which
comprehensively reforms and
modernizes the universal service and
intercarrier compensation systems. In
that Order, the Commission directed the
Wireline Competition Bureau and
Wireless Telecommunications Bureau
(Bureaus) to conduct a survey of
residential urban rates for voice
services. Specifically, the Commission
directed the Bureaus to ‘‘develop a
methodology to survey a representative
sample of facilities-based fixed voice
service providers taking into account
the relative categories of fixed voice
providers as determined in the most
recent FCC Form 477 data collection.’’
The Commission also delegated
‘‘authority to conduct an annual survey
of urban broadband rates, if necessary,
in order to derive a national range of
rates for broadband service’’ and ‘‘to
monitor urban broadband offerings,
including by conducting an annual
survey, in order to specify an
appropriate minimum for usage
allowances and to adjust such a
minimum over time.’’ In the
accompanying FNPRM, the Commission
sought comment on various issues
associated with determining reasonable
comparability for voice and broadband
rates.
2. In response to the Commission’s
direction, the Wireline Competition
Bureau (Bureau) released a Public
Notice, 77 FR 52279, August 29, 2012,
seeking comment on the format and
content of a proposed survey of urban
rates for fixed voice and fixed
broadband residential services. The
Bureau also sought to further develop
the record on how we could use the data
collected in the survey to determine the
local voice rate floor and the reasonable
comparability benchmarks for fixed
voice and fixed broadband services.
3. In the USF/ICC Transformation
Order and FNPRM, the Commission
asked if it should ‘‘separately collect
data on fixed and mobile voice
telephony rates.’’ In the Public Notice,
we sought more detailed comment
specifically on the development of a
survey for fixed services. We now adopt
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a survey that collects data for fixed
services.
4. We adopt a fixed-services specific
survey because we have decided not to
create a national average urban rate that
represents a blended rate derived from
both fixed and mobile data. We
conclude that the differences in rate
plans and other attributes of fixed and
mobile services would make it
inordinately difficult to create a unified
benchmark. Accounting for all of these
differences would require collecting
substantial additional information as
well as making numerous assumptions
that could greatly complicate the
development of the national average.
For example, fixed and mobile voice
offerings often differ in pricing
structure, with fixed voice providers
charging for unlimited calling in the
local calling area and mobile providers
charging for a bucket of any-distance
minutes. Similarly, fixed and mobile
broadband offerings typically differ
substantially in speed and capacity
allowances. Generating a blended fixed
and mobile rate would require
accounting for the various innate
properties of each service to make them
‘‘comparable.’’ Such a comparison
would require assumptions about which
service characteristics might be
adjusted, and collection and analysis of
data to understand customers’ valuation
of such characteristics, both of which
would be resource intensive.
5. In other respects, the Bureaus are
continuing to consider the best
approach to implementing the
reasonable comparability requirements
with respect to supported fixed and
mobile services. In particular, some
nationwide providers have argued that
they should be able to meet the
Commission’s reasonable comparability
benchmarks by certifying that they
charge the same prices in rural as urban
areas. We will address such arguments
in a future order.
6. Because we anticipate announcing
reasonable comparability benchmarks
derived from survey data after the
deadline for the July 1, 2013 ETC annual
reports, ETCs (both fixed and mobile)
subject to section 54.313 of the
Commission’s rules are not expected to
make any certification that their voice
service rates are reasonably comparable
to the national average urban voice rate,
as required in section 54.313(a)(10), in
their 2013 annual reports. Instead, this
requirement will be initially
implemented in the 2014 annual
reports.
7. Survey Format and Sample
Selection. As proposed in the Public
Notice, we intend to implement this
survey through an online reporting form
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accessible to those urban providers of
fixed voice and broadband services that
are chosen to participate. The
Administrator, the Universal Service
Administrative Company, may assist in
administering the survey. We will select
urban providers using FCC Form 477
data so as to create a statistically valid
sample that is representative of the
relative proportion of fixed terrestrial
providers for the purpose of setting a
reasonable comparability benchmark for
fixed voice and fixed broadband
services and a rate floor for fixed voice
service. Separate, independent samples
will be chosen for the fixed voice and
fixed broadband sections of the survey.
As further proposed in the Public
Notice, we will survey a statistically
valid sample generated from all fixed
terrestrial providers—regardless of
regulatory status or technology—that
serve urban census tracts in
Metropolitan Statistical Areas (MSAs)
across the country. We will direct each
provider chosen as part of the sample to
indicate prices it charges within the
identified Census tract.
8. Although no commenters objected
to this approach, the National Exchange
Carrier Association, the National
Telecommunications Cooperative
Association, the Organization for the
Promotion and Advancement of Small
Telecommunications Companies,
Eastern Rural Telecom Association, and
the Western Telecommunications
Alliance (together, NECA) urge the us to
include within the survey sample in
each MSA all types of providers,
including providers that serve the whole
MSA and providers that serve only a
portion of the MSA. We agree. As
proposed in the Public Notice, we will
survey a statistically valid sample
generated from all fixed terrestrial
providers in each MSA, and we will not
exclude providers based on the size of
their service area within an MSA.
9. Consistent with our proposal in the
Public Notice, we define ‘‘urban’’ for the
purposes of this survey as all 2010
Census urban areas and urban clusters
that sit within an MSA, which includes
approximately 70–80 percent of the U.S.
population. We will use Commission
data, primarily collected from Form 477
submissions, to determine which
providers are serving urban census
tracts—this is the most efficient way to
identify service providers in particular
areas. No commenter objected to this
proposal. As further proposed in the
Public Notice, we will provide
hyperlinks in the survey instrument so
the respondent can easily associate the
Census tract specified in the survey
with a physical location within the
respondent’s service area.
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10. We require that a provider with
multiple operating companies within
the same Census tract answer the survey
questions for each operating company.
One commenter requests that a survey
respondent need only report data for
one operating company in those cases
where the survey respondent has more
than one operating company in a
particular tract. We are concerned,
however, that allowing survey
respondents to select from among
multiple operating companies to report
data could inadvertently introduce
statistical bias in the survey results.
Once survey results have been collected,
we will select from among the reported
companies in each Census tract in a
manner that maintains statistical
integrity.
11. As suggested by AT&T, we
include language in the survey
instructions specifying that providers
should include in their responses
information regarding all-distance voice
services and broadband services even if
those services are provided not just by
the respondent, but by the respondent
and an affiliate. Particularly for local
telephone operating companies, there
may be numerous instances in which
these entities provide all-distance voice
service plans and/or broadband services
in conjunction with an affiliate and
failing to capture these offerings could
result in substantially incomplete data.
12. Fixed Voice Offerings (Types of
services). As proposed in the Public
Notice, we require providers to report
separately stand-alone, non-discounted
rates for their unlimited or flat-rate local
service, unlimited all distance service,
and measured or messaged local service.
If the provider does not offer any of
these services, it would indicate this
and not report data for that category. No
commenter disagreed with this
proposal. In addition, as the Wireline
Competition Bureau proposed, we
require data for circuit switched and
facilities-based VoIP services to be
collected separately. Further, we state
explicitly in the instructions that
grandfathered services and pricing are
not to be reported in the survey.
13. Fixed Voice Offerings (Bundled
services). We decline to include
bundled pricing in the survey at this
time. In response to the Public Notice,
NECA suggests that the survey also
should collect data on separatelyidentified service rates in bundled
service offerings. NECA argues that the
majority of customers now purchase
bundles and that because bundled rates
are generally lower than a la carte rates,
excluding bundles could create an
inflated rate floor. Although we
recognize that consumers may pay
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somewhat lower rates for fixed voice
services when those services are
purchased as part of a bundle, carriers
today typically have discretion in how
they allocate the price of a bundle
among the services making up the
bundle. Companies may base these
allocations on regulatory requirements,
state and local tax requirements or
company-specific marketing initiatives.
We are concerned about developing a
rate floor and benchmark based on
carrier self-reported allocations using
inconsistent methodologies. Moreover,
in the USF/ICC Transformation Order,
the Commission specifically adopted a
minimum rate floor ‘‘to avoid oversubsidizing carriers whose intrastate
rates are not minimally reasonable.’’
Because bundles are marketing devices
used to induce consumers to purchase
additional services based on a discount,
benchmarks set based on these prices
could be artificially low. We note that
the Commission has used data for standalone fixed-only service for its rate
benchmark in the past.
14. Fixed Voice Offerings (Nonrecurring charges). We will collect
information regarding non-recurring
charges in the initial survey and will
determine whether to include this data
as part of the benchmark after the
survey results have been examined.
Some commenters suggest we should
not include these charges because such
fees are ‘‘associated with initiating,
extending, modifying, restoring, or
repairing service, but are not the fees for
the service itself, differ by customer
location and other factors that makes
including them complex, and are
directly linked to marketing plans and
are often waived. We agree that such
fees can differ substantially among
customers depending on location and
other factors and that including these
charges will add complexity to the
survey. Further, we are mindful that
non-recurring charges are often part of
marketing strategies and may be waived
or discounted in order to attract
customers. However, we are concerned
that there may be cases in which
providers offer high non-recurring
charges in combination with low
recurring charges or allow consumers to
pay non-recurring charges on a monthly
basis, and that excluding non-recurring
charges from the survey would restrict
the Bureaus’ ability to evaluate whether
such charges would materially impact
the outcome when setting the rate floor
and reasonable comparability
benchmarks.
15. Fixed Voice Offerings (Recurring
charges). In the USF/ICC
Transformation Order, the Commission
determined that the rate floor should be
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based upon ‘‘end-user rates plus state
regulated fees (specifically, state SLCs,
state universal service fees, and
mandatory extended area service
charges).’’ Therefore, notwithstanding
arguments that fees, taxes, and
surcharges beyond the provider’s
control should not be included in the
survey, we are required to collect data
on state SLCs, state universal service
fees, and mandatory extended area
service (EAS) charges. We conclude that
there is a value in collecting information
on such fees as individual line items on
the survey in order to monitor over time
the extent to which states impose fees
for state universal service funds and
mandatory EAS.
16. We have modified the proposed
survey to include all other recurring
surcharges, taxes, and
Telecommunications Relay Service
(TRS) charges as a single, aggregated
survey question. This information is
relevant to our development of
reasonable comparability benchmarks.
Although we acknowledge that these
charges can vary by area and including
them may raise the complexity of the
survey somewhat, these charges may be
a significant portion of customers’
monthly bills. We decline to include
touch tone charges as a separate item in
the survey at this time. Several of the
larger incumbent carriers eliminated
separate touchtone charges more than a
decade ago, and we are not aware of a
sufficiently large number of providers
charging separately for touch tone
service today to warrant its inclusion as
a separate entry. To the extent some
providers still charge separately for
touch tone, they should report such
charges in the line entitled ‘‘Total of all
other surcharges, taxes, TRS, and touch
tone charges.’’ For multiple, customerchosen EAS charges, we include
language in the survey instructions to
specify how the provider should
separately report mandatory and
voluntary EAS charges.
17. Fixed Voice Offerings (Local
calling areas). We decline to collect
information regarding calling area size
and scope in the survey. Several
commenters argue that the survey
should gather this information because
the typically smaller number of persons
within a calling area in rural areas as
compared to urban calling areas must be
taken into account in calculating the
rate floor. In adopting the rate floor rule,
the Commission was seeking to ensure
that consumers in high-cost areas pay
some minimum amount to support the
cost of the network before turning to the
federal support mechanism, which
ultimately is borne by consumers across
the nation. As the Commission stated,
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‘‘we do not believe it is equitable for
consumers across the country to
subsidize the cost of service for some
consumers that pay local service rates
that are significantly lower than the
national urban average.’’ Calling areas
(like local retail rates) are established by
the states based on factors such as the
attributes and needs of local
communities and are not necessarily
related to the cost of service.
Considering local calling areas in the
rate floor analysis would be inconsistent
with the Commission’s efforts to avoid
subsidizing artificially low local rates.
18. Fixed Voice Offerings (Multiple
rate zones within Census tract). We
make a minor modification to the
proposal in the Public Notice to address
the situation in which providers may
have multiple zones that have different
rates and fees within a single Census
tract. To avoid confusion or the
possibility that providers will use
varying methods to determine an
average rate among multiple zones, we
include in the survey instructions that
indicate that if a provider has multiple
rates or other fees/taxes within a single,
surveyed Census tract, the provider
should report all of the rates for that
Census tract separately. The Bureau will
then determine which rates should be
included in the survey in a manner that
will avoid introducing statistical bias.
19. Fixed Broadband Offerings (Types
of services). We require providers to
report all residential, non-discounted
rates for all standalone service speeds
above 200 kbps offered in the specified
Census tract. This is a change from the
original proposal that offerings be
placed in one of four service tiers. We
agree with commenters that the
proposed categories in the Public Notice
might not accommodate the variety of
plans currently offered. The modified
survey will ensure we have an
understanding of the speeds available in
the marketplace and will be easier for
respondents to complete.
20. We conclude that requiring survey
respondents to use the speed categories
in FCC Form 477 would involve more
time and resources for filers than
necessary for the Bureau to fulfill its
obligations. Although NECA claims that
this will minimize the burden on
providers, we are not persuaded. For
Form 477, providers report existing
subscriber counts for seventy-two
download and upload speed
combinations. Because Form 477
requires providers querying their
existing customer databases for
subscriber counts and the rate survey
requires providers to report rates that
would be offered to a hypothetical
prospective customer, we see little
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reason to believe using the Form 477
speed tiers would reduce burden.
21. We conclude that requiring
providers to report offerings both above
and below the 4 Mbps down/1 Mbps up
standard is necessary to fulfill our
obligations. We disagree with the
suggestions of several commenters that
the Bureau should limit the survey to
inquire solely about offerings near 4
Mbps down/1 Mbps up because only
this speed is eligible for Connect
America Fund support and all other
offerings are therefore irrelevant or
beyond the Commission’s authority. In
the USF/ICC Transformation Order, the
Commission concluded that it ‘‘must
also lay the groundwork for longer-term
evolution of CAF broadband obligations,
as we expect technical capabilities and
user needs will continue to evolve. We
therefore commit to monitoring trends
in the performance of urban broadband
offerings through the survey data we
will collect and rural broadband
offerings through the reporting data we
will collect.’’ The Commission thus has
directed the Bureaus to conduct a
survey of not just services that are close
to 4 Mbps down/1 Mbps up broadband
standard, but also of trends in the
broadband market. To fulfill this
obligation, we must obtain information
on a range of broadband speeds
available in the market.
22. Fixed Broadband Offerings
(Capacity allowances). We adopt our
proposal that providers report on any
capacity allowances and what actions
are taken when the capacity allowance
is exceeded. We specifically identified
possible actions to include overage
charges, blocking traffic, and rate
limiting. No commenter objected to
including capacity allowance in our
survey, and we conclude that it is
necessary to know the allowances (if
any) associated with each service
offering at a given price. We adopt the
suggestion of the Alaska Rural Coalition
that the Bureau also request information
regarding provider roll-over offerings—
‘‘the provider practice of allowing
customers to ‘roll over’ their unused
capacity for a month to apply to future
months of service.’’ We agree that it
would be useful to collect information
on roll-over practices and add ‘‘roll
over’’ as an option in the capacity
allowance question.
23. Fixed Broadband Offerings
(Bundling, recurring, and non-recurring
charges). We conclude at this time that
respondents will not be required to
include in their survey responses rates
for any service that cannot be purchased
on a stand-alone basis. As explained
above for voice service, determining
how to allocate the price of a bundled
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service among its components is
difficult, and bundled service providers
allocate pricing using different
methodologies. Seeking data on prices
for offerings not actually offered in the
marketplace would likely skew the
survey results.
24. We will collect information
regarding non-recurring charges
associated with broadband services and
determine whether to include this data
in the broadband benchmark once we
have evaluated the initial survey results.
We conclude it is reasonable to gain a
better understanding of the total price
that consumers are paying, including
non-recurring charges, before setting the
broadband comparability benchmark.
Therefore, we will adopt the recurring
taxes, fees, and surcharge questions as
proposed in the Public Notice.
25. Non-Filers. We will contact
directly any provider that is sent a
survey notification that does not
complete the online survey form within
30 days. Compliance with the rules
adopted in this Order is mandatory, and
failure to comply may lead to
enforcement action, including forfeiture
penalties, pursuant to the
Communications Act of 1934, as
amended, and other applicable law.
Filing Procedures
26. Once OMB has completed its
review of the survey collection
requirements adopted today, we will
issue a public notice providing detailed
instructions and announcing when the
survey notifications will be distributed.
Congressional Review Act
27. The Commission will send a copy
of this Urban Rate Survey Order in a
report to be sent to Congress and the
Government Accountability Office,
pursuant to the Congressional Review
Act.
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Paperwork Reduction Act
28. This Urban Rates Survey Order
contains new information collection
requirements subject to the PRA. It will
be submitted to OMB for review under
section 3507(d) of the PRA. OMB, the
general public, and other Federal
agencies are invited to comment on the
new information collection
requirements contained in this
proceeding.
Final Regulatory Flexibility Analysis
29. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Urban Rate Survey Public Notice. The
Bureau sought written public comment
on the proposals in the Urban Rates
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Survey Public Notice, including
comment on the IRFA. No comments
were received addressing the IRFA. This
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
30. Need for and Objective of the
Order. The Order adopts a survey of
urban rates for fixed voice and fixed
broadband residential services for
purposes of implementing various
reforms adopted as part of the USF/ICC
Transformation Order. In the USF/ICC
Transformation Order, the Commission
comprehensively reformed universal
service funding for high-cost, rural
areas, adopting fiscally responsible,
accountable, incentive-based policies to
preserve and advance voice and
broadband service. As discussed in the
Order, the rate survey will be used to
develop benchmarks and rate floors to
insure supported providers’ rates are not
unreasonably high or unnecessarily low.
31. Summary of Significant Issues
Raised by Public Comments in Response
to the IRFA. No parties have raised
significant issues in response to the
IRFA.
32. Response to Comments by the
Chief Counsel for Advocacy of the Small
Business Administration. Pursuant to
the Small Business Jobs Act of 2010, the
Commission is required to respond to
any comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments. The Chief
Counsel did not file any comments in
response to the proposed rules in this
proceeding.
33. Description and Estimate of the
Number of Small Entities to Which the
Adopted Rules Will Apply. The RFA
directs agencies to provide a description
of, and, where feasible, an estimate of
the number of small entities that may be
affected by the rules and policies
adopted herein. The RFA generally
defines the term ‘‘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 SBA. Nationwide,
there are a total of approximately 27.5
million small businesses, according to
the SBA.
34. Small Business. Nationwide, there
are a total of approximately 27.5 million
small businesses, according to the SBA.
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35. Wired Telecommunications
Carriers. The SBA has developed a
small business size standard for Wired
Telecommunications Carriers, which
consists of all such companies having
1,500 or fewer employees. According to
Census Bureau data for 2007, there were
3,188 firms in this category, total, that
operated for the entire year. Of this
total, 3144 firms had employment of 999
or fewer employees, and 44 firms had
employment of 1000 employees or
more. Thus, under this size standard,
the majority of firms can be considered
small.
36. Local Exchange Carriers (LECs).
Neither the Commission nor the SBA
has developed a size standard for small
businesses specifically applicable to
local exchange services. The closest
applicable size standard under SBA
rules is for Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. According to
Commission data, 1,307 carriers
reported that they were incumbent local
exchange service providers. Of these
1,307 carriers, an estimated 1,006 have
1,500 or fewer employees and 301 have
more than 1,500 employees.
Consequently, the Commission
estimates that most providers of local
exchange service are small entities that
may be affected by the rules and
policies adopted in the Order.
37. Incumbent Local Exchange
Carriers (incumbent LECs). Neither the
Commission nor the SBA has developed
a size standard for small businesses
specifically applicable to incumbent
local exchange services. The closest
applicable size standard under SBA
rules is for Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. According to
Commission data, 1,307 carriers
reported that they were incumbent local
exchange service providers. Of these
1,307 carriers, an estimated 1,006 have
1,500 or fewer employees and 301 have
more than 1,500 employees.
Consequently, the Commission
estimates that most providers of
incumbent local exchange service are
small businesses that may be affected by
rules adopted in the Order.
38. Competitive Local Exchange
Carriers (competitive LECs), Competitive
Access Providers (CAPs), Shared-Tenant
Service Providers, and Other Local
Service Providers. Neither the
Commission nor the SBA has developed
a small business size standard
specifically for these service providers.
The appropriate size standard under
SBA rules is for the category Wired
Telecommunications Carriers. Under
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that size standard, such a business is
small if it has 1,500 or fewer employees.
According to Commission data, 1,442
carriers reported that they were engaged
in the provision of either competitive
local exchange services or competitive
access provider services. Of these 1,442
carriers, an estimated 1,256 have 1,500
or fewer employees and 186 have more
than 1,500 employees. In addition, 17
carriers have reported that they are
Shared-Tenant Service Providers, and
all 17 are estimated to have 1,500 or
fewer employees. In addition, 72
carriers have reported that they are
Other Local Service Providers. Of the
72, seventy have 1,500 or fewer
employees and two have more than
1,500 employees. Consequently, the
Commission estimates that most
providers of competitive local exchange
service, competitive access providers,
Shared-Tenant Service Providers, and
Other Local Service Providers are small
entities that may be affected by rules
adopted pursuant to the Order.
39. Wireless Telecommunications
Carriers (except Satellite). Since 2007,
the SBA has recognized wireless firms
within this new, broad, economic
census category. Prior to that time, such
firms were within the now-superseded
categories of Paging and Cellular and
Other Wireless Telecommunications.
Under the present and prior categories,
the SBA has deemed a wireless business
to be small if it has 1,500 or fewer
employees. For this category, census
data for 2007 show that there were 1,383
firms that operated for the entire year.
Of this total, 1,368 firms had
employment of 999 or fewer employees
and 15 had employment of 1000
employees or more. Similarly, according
to Commission data, 413 carriers
reported that they were engaged in the
provision of wireless telephony,
including cellular service, Personal
Communications Service (PCS), and
Specialized Mobile Radio (SMR)
Telephony services. Of these, an
estimated 261 have 1,500 or fewer
employees and 152 have more than
1,500 employees. Consequently, the
Commission estimates that
approximately half or more of these
firms can be considered small. Thus,
using available data, we estimate that
the majority of wireless firms can be
considered small.
40. Local Multipoint Distribution
Service. Local Multipoint Distribution
Service (‘‘LMDS’’) is a fixed broadband
point-to-multipoint microwave service
that provides for two-way video
telecommunications. The auction of the
986 LMDS licenses began and closed in
1998. The Commission established a
small business size standard for LMDS
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licenses as an entity that has average
gross revenues of less than $40 million
in the three previous calendar years. An
additional small business size standard
for ‘‘very small business’’ was added as
an entity that, together with its affiliates,
has average gross revenues of not more
than $15 million for the preceding three
calendar years. The SBA has approved
these small business size standards in
the context of LMDS auctions. There
were 93 winning bidders that qualified
as small entities in the LMDS auctions.
A total of 93 small and very small
business bidders won approximately
277 A Block licenses and 387 B Block
licenses. In 1999, the Commission reauctioned 161 licenses; there were 32
small and very small businesses
winning that won 119 license.
41. Cable and Other Program
Distribution. Since 2007, these services
have been defined within the broad
economic census category of Wired
Telecommunications Carriers; that
category is defined as follows: ‘‘This
industry comprises establishments
primarily engaged in operating and/or
providing access to transmission
facilities and infrastructure that they
own and/or lease for the transmission of
voice, data, text, sound, and video using
wired telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies.’’ The SBA has developed
a small business size standard for this
category, which is: all such firms having
1,500 or fewer employees. According to
Census Bureau data for 2007, there were
a total of 955 firms in this previous
category that operated for the entire
year. Of this total, 939 firms had
employment of 999 or fewer employees,
and 16 firms had employment of 1000
employees or more. Thus, under this
size standard, the majority of firms can
be considered small and may be affected
by rules adopted pursuant to the Order.
42. Cable Companies and Systems.
The Commission has developed its own
small business size standards, for the
purpose of cable rate regulation. Under
the Commission’s rules, a ‘‘small cable
company’’ is one serving 400,000 or
fewer subscribers, nationwide. Industry
data indicate that, of 1,076 cable
operators nationwide, all but eleven are
small under this size standard. In
addition, under the Commission’s rules,
a ‘‘small system’’ is a cable system
serving 15,000 or fewer subscribers.
Industry data indicate that, of 7,208
systems nationwide, 6,139 systems have
under 10,000 subscribers, and an
additional 379 systems have 10,000–
19,999 subscribers. Thus, under this
second size standard, most cable
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systems are small and may be affected
by rules adopted pursuant to the Order.
43. Cable System Operators. The Act
also contains a size standard for small
cable system operators, which is ‘‘a
cable operator that, directly or through
an affiliate, serves in the aggregate fewer
than 1 percent of all subscribers in the
United States and is not affiliated with
any entity or entities whose gross
annual revenues in the aggregate exceed
$250,000,000.’’ The Commission has
determined that an operator serving
fewer than 677,000 subscribers shall be
deemed a small operator, if its annual
revenues, when combined with the total
annual revenues of all its affiliates, do
not exceed $250 million in the
aggregate. Industry data indicate that, of
1,076 cable operators nationwide, all
but ten are small under this size
standard. We note that the Commission
neither requests nor collects information
on whether cable system operators are
affiliated with entities whose gross
annual revenues exceed $250 million,
and therefore we are unable to estimate
more accurately the number of cable
system operators that would qualify as
small under this size standard.
44. Open Video Services. The open
video system (‘‘OVS’’) framework was
established in 1996, and is one of four
statutorily recognized options for the
provision of video programming
services by local exchange carriers. The
OVS framework provides opportunities
for the distribution of video
programming other than through cable
systems. Because OVS operators provide
subscription services, OVS falls within
the SBA small business size standard
covering cable services, which is
‘‘Wired Telecommunications Carriers.’’
The SBA has developed a small
business size standard for this category,
which is: all such firms having 1,500 or
fewer employees. According to Census
Bureau data for 2007, there were a total
of 955 firms in this previous category
that operated for the entire year. Of this
total, 939 firms had employment of 999
or fewer employees, and 16 firms had
employment of 1000 employees or
more. Thus, under this second size
standard, most OVS operators are small
and may be affected by rules adopted
pursuant to the Order. In addition, we
note that the Commission has certified
some OVS operators, with some now
providing service. Broadband service
providers (‘‘BSPs’’) are currently the
only significant holders of OVS
certifications or local OVS franchises.
The Commission does not have
financial or employment information
regarding the entities authorized to
provide OVS, some of which may not
yet be operational. Thus, again, at least
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some of the OVS operators may qualify
as small entities.
45. Internet Service Providers. Since
2007, these services have been defined
within the broad economic census
category of Wired Telecommunications
Carriers; that category is defined as
follows: ‘‘This industry comprises
establishments primarily engaged in
operating and/or providing access to
transmission facilities and infrastructure
that they own and/or lease for the
transmission of voice, data, text, sound,
and video using wired
telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies.’’ The SBA has developed
a small business size standard for this
category, which is: all such firms having
1,500 or fewer employees. According to
Census Bureau data for 2007, there were
3,188 firms in this category, total, that
operated for the entire year. Of this
total, 3144 firms had employment of 999
or fewer employees, and 44 firms had
employment of 1000 employees or
more. Thus, under this size standard,
the majority of firms can be considered
small. In addition, according to Census
Bureau data for 2007, there were a total
of 396 firms in the category Internet
Service Providers (broadband) that
operated for the entire year. Of this
total, 394 firms had employment of 999
or fewer employees, and two firms had
employment of 1000 employees or
more. Consequently, we estimate that
the majority of these firms are small
entities that may be affected by rules
adopted pursuant to the Order.
46. Description of Projected
Reporting, Recordkeeping and Other
Compliance Requirements. In the Order,
the Bureau adopts a survey of urban
rates for fixed voice and fixed
broadband residential services.
Specifically, it requires reporting by a
number of entities that are included in
the sample, including some small
entities, of advertised rates and product
offerings.
47. Steps Taken to Minimize
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered. The RFA requires an
agency to describe any significant
alternatives that it has considered in
reaching its proposed approach, which
may include the following four
alternatives (among others): (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
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performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
48. The requirements adopted in the
Order comprise an efficient data
collection process that imposes the
smallest burden on fixed voice and
fixed broadband providers that still
allows the Commission to gather the
necessary data to meet the goals of the
USF/ICC Transformation Order. The
rate survey is not anticipated to have a
significant economic impact on small
entities because the survey will only
sample a small number of providers.
Furthermore, since the statistical
sampling methodology will result in
larger entities being more likely to be
surveyed, we anticipate small entities
will only compose a minor portion of
the overall sample. Moreover, the
survey only asks about advertised rates
and product offerings which should be
readily available to entities of any size.
Furthermore, any significant economic
impact cannot necessarily be minimized
through alternatives since the survey
sample will already be restricted to a
small set of the total population of
carriers necessary for generating a
statistically valid sample, and the
survey will only ask for readily
available advertised rates and will be
implemented in an easily accessible
online format.
49. Report to Congress. The
Commission will send a copy of the
Order, including this FRFA, in a report
to Congress pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA.
Ordering Clauses
50. Accordingly, it is ordered,
pursuant to sections 1, 2, 4(i), 5, 201–
205, 218–220, 254, 303(r), and 403 of
the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
155, 201–205, 218–220, 254, 303(r), and
403, sections 0.91, 0.131, 0.201(d),
0.291, 0.331 and 1.427 of the
Commission’s rules, 47 CFR 0.91, 0.131,
0.201(d), 0.291, 0.331, 1.427, and the
delegations of authority in paragraphs
85, 99, 106, 114, and 246 of the USF/
ICC Transformation Order, FCC 11–161,
that this Order is adopted.
51. It is further ordered that this Order
shall be effective thirty (30) days after
publication in the Federal Register,
except for the requirements contained in
paragraphs 11–13, 15–17, 19–20, 23,
and 25–26, and Appendix A, which are
subject to the Paperwork Reduction Act
(PRA). These requirements include new
or modified information collection
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requirements that require approval by
the Office of Management and Budget
under the PRA, and shall become
effective after the Commission publishes
a notice in the Federal Register
announcing such approval and the
relevant effective date(s).
52. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
53. It is further ordered that the
Commission shall send a copy of this
Order to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Federal Communications Commission.
Carol Mattey,
Deputy Bureau Chief, Wireline Competition
Bureau.
Appendix A—Urban Rates Survey
Form
I. Survey Respondent Information
Provider Name: (pre-populated by FCC)
Operating Company Name:
Provider FRN (used on MONTH DAY, YEAR
Form 477):
Provider Study Area Code (if current USF
recipient):
Name of Person Completing Form:
Contact Phone Number:
Contact Email Address:
Name of Certifying Official:
Certifying Official’s Phone Number:
Certifying Official’s Email Address:
Location for Which Reported Rates Apply:
(pre-populated by FCC)
II. Fixed Voice Information
For each specified voice service offered
within the Census tract on MONTH DAY,
YEAR, respondents must report nondiscounted recurring monthly rates and
service initiation charges. Detailed
instructions for each question section are
provided in the particular section. Note that
circuit-switched and VoIP service
information should be reported separately as
indicated.
II.a Rate and Charge Information
In some cases, multiple rates and or taxes/
fees/surcharges may exist for the same
service within the Census tract. If this occurs
for the specified Census tract, respondents
must report the least and most expensive
total cost offerings. For example, if two
different rates (or other surveyed amounts
such as taxes) for flat-rate, local service are
applicable to two different portions of the
Census tract, then the respondent should
indicate that multiple rates exist.
Do multiple rates and/or taxes, fees,
surcharges exist for this service offering
within the same specified Census tract?
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
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service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
II.a.1 Monthly Rates
For each service offered, report each
component of the rate in dollar and cents
amounts. If both circuit switched and VoIP
service are offered, report information for
both services. Reported monthly rates should
be standard, non-discounted residential rates.
If there are multiple rates or taxes/fees/
surcharges for the same service offering in
the specified Census tract (indicated by
‘‘Yes’’ in the previous question), report the
least total monthly cost offering in Sections
11.a.1 and 11.a.2, and the greatest total
monthly cost rates in Sections II.a.3 and
II.a.4. If there is only one rate to report, use
Sections 11.a.1 and 11.a.2. ‘‘All-distance’’
services include only domestic calling, not
international.
Recurring service charge (without SLC)
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Federal subscriber line charge (SLC), if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Access Recovery Charge (ARC), if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
State SLC, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
State USF charge, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Mandatory extended area service (EAS)
charges, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Voluntary EAS charges, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
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service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Total of all other surcharges, taxes, and TRS
charges. (See instructions for a list of
charges to be included.)
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Number of voice calls or message units
included in monthly rate if measured
service (local service area calls only)
For Circuit Switched (measured or
messaged local service)
For VoIP (measured or messaged local
service)
Dollar calling allowance for voice calls
included in monthly rate if measured
service (local service area calls only).
For Circuit Switched (measured or
messaged local service)
For VoIP (measured or messaged local
service)
Peak period local rate per unit (minute or
call/message) once allowance exceed, if
measured service.
For Circuit Switched (measured or
messaged local service, indicate if rate is
per call or per minute)
For VoIP Switched (measured or messaged
local service, indicate if rate is per call
or per minute)
Off-peak period local rate per unit (minute or
call/message) once allowance exceeded,
if measured service.
For Circuit Switched (measured or
messaged local service, indicate if rate is
per call or per minute)
For VoIP Switched (measured or messaged
local service, indicate if rate is per call
or per minute)
II.a.2 Service Initiation Charges
For each item listed, report the minimum
non-discounted amount a customer would
pay for each non-recurring charge. If an item
is not offered by the carrier, then mark
‘‘N/A.’’
Total connection charge for residential
service if no premises visit is required.
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Minimum additional charge if drop line and
terminal block are needed to connect
service. Do not include any inside wiring
charges.
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Mandatory surcharges on connection
accounted as company revenue
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For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
State, county, and local taxes and surcharges
on connection
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Other mandatory connection charges
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
II.a.3 Monthly Rates (Use Only If Multiple
Rates)
Only use the following rates and charges
questions if reporting multiple rates and/or
taxes/fees/surcharges for the same service in
the same Census tract. Report rates and
charges for the greatest total monthly cost
offering.
Federal subscriber line charge (SLC), if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Access Recovery Charge (ARC), if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
State SLC, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
State USF charge, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Mandatory extended area service (EAS)
charges, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Voluntary EAS charges, if any
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
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service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Total of all other surcharges, taxes, and TRS
charges. (See instructions for a list of
charges to be included.)
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Number of voice calls or message units
included in monthly rate if measured
service (local service area calls only)
For Circuit Switched (measured or
messaged local service)
For VoIP (measured or messaged local
service)
Dollar calling allowance for voice calls
included in monthly rate if measured
service (local service area calls only).
For Circuit Switched (measured or
messaged local service)
For VoIP (measured or messaged local
service)
Peak period local rate per unit (minute or
call/message) once allowance exceed, if
measured service.
For Circuit Switched (measured or
messaged local service, indicate if rate is
per call or per minute)
For VoIP Switched (measured or messaged
local service, indicate if rate is per call
or per minute)
Off-peak period local rate per unit (minute or
call/message) once allowance exceeded,
if measured service.
For Circuit Switched (measured or
messaged local service, indicate if rate is
per call or per minute)
For VoIP Switched (measured or messaged
local service, indicate if rate is per call
or per minute)
II.a.4 Service Initiation Charges (Use Only
If Multiple Rates)
For each item listed, report the minimum
non-discounted amount a customer would
pay for each non-recurring charge. If an item
is not offered by the carrier, then mark
‘‘N/A.’’
Total connection charge for residential
service if no premises visit is required.
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Minimum additional charge if drop line and
terminal block are needed to connect
service. Do not include any inside wiring
charges.
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Mandatory surcharges on connection
accounted as company revenue
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For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
State, county, and local taxes and surcharges
on connection
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
Other mandatory connection charges
For Circuit Switched (unlimited or flat-rate
local service, unlimited all-distance
service, measured or messaged local
service)
For VoIP (unlimited or flat-rate local
service, unlimited all-distance service,
measured or messaged local service)
III. Internet Service Information
For each standalone, Internet service
offered in the specified Census tract on
MONTH DAY, YEAR, report information on
the service’s technology, advertised speeds,
capacity allowances (if any), recurring rates,
and non-recurring rates. Only report offerings
where both the download and upload speeds
are at least 200 kbps. Detailed instructions for
each question section are provided in the
particular section. Report information for
each service offering distinguished by
speeds, technology, and capacity allowance
(if any). In the form, each column represents
a separate speed/technology/capacity
allowance combination.
III.a Service Information
Report information for each service
offering distinguished by speeds, technology,
and capacity allowance (if any). For example,
if in the specified Census tract, unlimited
5/2 Mbps residential service is offered using
either DSL or fiber to the home (FTTH), then
report the 5/2 Mbps DSL unlimited service in
one column and the 5/2 Mbps FFTH
unlimited service in the next column. As
another example, if a 10/2 Mbps DSL services
is offered with either a 100 GB or 200 GB
capacity allowance then report the 10/2
Mbps DSL 100 GB service in one column and
the 10/2 Mbps DSL 200 GB service in the
next column. Use as many columns (and
extend as necessary) to report on all offered
services. A drop down box allows for
selecting the following technologies: DSL,
FTTH, cable, fixed wireless, and other. Note
that FTTH should only be used if the optical
fiber reaches the boundary of the living
space, such as a box on the outside wall.
Report advertised speeds in Mbps.
Service Technology
Advertised Download Speed (Mbps)
Advertised Upload Speed (Mbps)
III.b Capacity Allowance Information
Report capacity allowances (in GB) applied
to the service, if any. A capacity allowance
is the monthly data usage level at which the
Internet Service provider begins to block,
rate-limit, or charge excess fees for additional
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data transmission. If a service offering has no
specified allowance then enter ‘‘Unlimited.’’
For each capacity allowance in place,
indicate what action is taken when the
allowance is reached. For services with
capacity allowances, a drop down box will
offer a menu of actions the ISP will take once
the limit is reached. These include ‘‘Overage
Charge,’’ ‘‘Blocking Traffic,’’ ‘‘Rate- limiting,’’
and ‘‘Other.’’ If a capacity allowance is based
on a customer’s use relative to other
customers, report the data amount (in GB) for
which the allowance would be reached as of
MONTH DAY, YEAR. Also indicate whether
un-used data capacity may be ‘‘rolled over’’
from month to month.
Monthly capacity allowance on service
(GB), if any. If no specified allowance, choose
‘‘Unlimited.’’
May unused capacity be rolled-over to the
next month?
If the capacity allowance is reached, what
action is taken?
III.c Rate and Charges Information
In some cases, multiple rates and/or taxes/
fees/surcharges may exist for the same
service within the Census tract. If this occurs
for the specified Census tract, respondents
must report the least and most expensive
total cost offerings.
Do multiple rates and/or taxes, fees,
surcharges exist for the same service offering
within the same specified Census tract?
(yes/no)
III.c.1 Recurring Rates
For each service offering, report each
component of the rate in dollar and cents
amounts. Reported monthly rates should be
standard, non-discounted residential rates. In
some cases, this may be the month-to-month
rate available to a customer not eligible for
introductory rates, etc. If there are multiple
rates or taxes/fees/surcharges for the same
service offering in the specified Census tract
(indicated by ‘‘Yes’’ in the previous
question), report the least total monthly cost
offering in the Sections III.c.1 and III.c.2, and
the greatest total monthly cost rates in
Sections III.c.3 and III.c.4. If there is only one
rate to report, use Sections III.c.1 and III.c.2.
Recurring monthly charge
Total of state, local, and municipal taxes
Total of all other mandatory fees and taxes
(such as provider surcharges, etc.) passed
through.
Surcharges on the service accounted as
company revenue (i.e. non-pass through)
III.c.2 Non-Recurring Charges
For each item listed, report the minimum
amount a customer would pay for each nonrecurring charge if the item is required for the
Internet service. If an item is not offered by
the provider, then mark it as ‘‘NA’’.
Activation or connection not requiring a
service visit to the premises
Activation or connection requiring a
service visit (but assuming the premises is
already physically wired)
Does this service require the customer use
a modem or other hardware? (yes/no)
If ‘‘Yes’’ for modem and hardware
question, what is the purchase price for
necessary hardware? (if provider sells such
hardware.)
E:\FR\FM\17MYR1.SGM
17MYR1
Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
If ‘‘Yes’’ for modem and hardware
question, what is the monthly rental price for
necessary hardware? (if provider rents
hardware.)
Computer/laptop hook-up by service
technician already making a service visit.
III.c.3 Recurring Rates (Use Only If
Multiple Rates)
Only answer the following rates and
charges questions if reporting multiple rates
and/or taxes/fees/surcharges for the same
service in the same Census tract. Report rates
and charges for the greatest total monthly
cost offering.
Recurring monthly charge
Total of state, local, and municipal taxes
Total of all other mandatory fees and taxes
(such as provider surcharges, etc.) passed
through.
Surcharges on the service accounted as
company revenue (i.e. non-pass through)
III.c.4 Non-Recurring Rates (Use Only If
Multiple Rates)
For each item listed, report the minimum
amount a customer would pay for each nonrecurring charge if the item is required for the
Internet service. If an item is not offered by
the provider, then mark it as ‘‘NA’’.
Activation or connection not requiring a
service visit to the premises
Activation or connection requiring a service
visit (but assuming the premises is already
physically wired)
Does this service require the customer use a
modem or other hardware? (yes/no)
If ‘‘Yes’’ for modem and hardware question,
what is the purchase price for necessary
hardware? (if provider sells such
hardware.)
If ‘‘Yes’’ for modem and hardware question,
what is the monthly rental price for
necessary hardware? (if provider rents
hardware.)
Computer/laptop hook-up by service
technician already making a service visit.
[FR Doc. 2013–10567 Filed 5–16–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1002, 1011, 1108, 1109,
1111, and 1115
[Docket No. EP 699]
Assessment of Mediation and
Arbitration Procedures
AGENCY:
Surface Transportation Board,
wreier-aviles on DSK5TPTVN1PROD with RULES
DOT.
ACTION:
Final rules.
The Surface Transportation
Board (Board or STB) adopts regulations
that allow the Board to order parties to
participate in mediation in certain types
of cases and modify and clarify its
existing mediation regulations. The
Board also establishes a new arbitration
SUMMARY:
VerDate Mar<15>2010
15:13 May 16, 2013
Jkt 229001
program under which carriers and
shippers may agree voluntarily in
advance to arbitrate certain types of
disputes that come before the Board,
and clarifies and simplifies its existing
arbitration rules.
DATES: These rules are effective on June
12, 2013.
ADDRESSES: Information or questions
regarding these final rules should
reference Docket No. EP 699 and be in
writing addressed to: Chief, Section of
Administration, Office of Proceedings,
Surface Transportation Board, 395 E
Street SW., Washington, DC 20423–
0001.
FOR FURTHER INFORMATION CONTACT:
Amy C. Ziehm at 202–245–0391.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
1–800–877–8339.]
SUPPLEMENTARY INFORMATION: The Board
favors the resolution of disputes through
the use of mediation and arbitration
procedures, in lieu of formal Board
proceedings, wherever possible.1 To
that end, the Board has existing rules
that encourage parties to agree
voluntarily to mediate or arbitrate
certain matters subject to its
jurisdiction. The Board’s mediation
rules are set forth at 49 CFR 1109.1,
1109.3, 1109.4, 1111.2, 1111.9, and
1111.10. Its arbitration rules are set forth
at 49 CFR 1108, 1109.1, 1109.2, 1109.3,
and 1115.8. In a decision served on
August 20, 2010,2 and published in the
Federal Register on August 24, 2010,3
we sought input on how to increase the
use of mediation and arbitration to
resolve matters before the Board.4 The
1 Mediation is a process in which parties attempt
to negotiate an agreement that resolves some or all
of the issues in dispute, with the assistance of a
trained, neutral, third-party mediator. Arbitration,
by comparison, is an informal evidentiary process
conducted by a trained, neutral, third-party
arbitrator with expertise in the subject matter of the
dispute. By agreeing to participate in arbitration,
the parties agree to be bound (with limited appeal
rights) by the arbitral decision.
2 Assessment of Mediation and Arbitration
Procedures, EP 699 (STB served Aug. 20, 2010).
3 Assessment of Mediation and Arbitration
Procedures, 75 FR 52054.
4 Assessment of Mediation and Arbitration
Procedures, EP 699 (STB served Dec. 3, 2010). The
Board served a subsequent notice in this matter on
December 3, 2010, to clarify that any comments
filed by the Railroad-Shipper Transportation
Advisory Council (RSTAC) would be accorded the
same weight as other comments in developing any
new rules. RSTAC is an advisory board established
by Federal law to advise the U.S. Congress, the U.S.
Department of Transportation, and the Board on
issues related to rail transportation policy, with
particular attention to issues of importance to small
shippers and small railroads. By statute, RSTAC
members are appointed by the Board’s chairman.
Representatives of large and small rail customers,
Class I railroads, and small railroads sit on RSTAC.
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
29071
Board received comments from 12
parties.5
On March 28, 2012, the Board issued
a Notice of Proposed Rulemaking
(NPRM) incorporating the previous
comments and concerns of the parties.
The Board proposed regulations that
would allow the Board to order parties
to participate in mediation in certain
types of cases and would modify and
clarify its existing mediation rules. The
Board also proposed an arbitration
program under which carriers and
shippers would agree voluntarily to
arbitrate certain types of disputes, and
proposed modifications to clarify and
simplify its existing rules governing
arbitration in other disputes.6
The Board sought comments on the
proposed regulations by May 17, 2012,7
and replies by June 18, 2012.8 On
August 2, 2012, the Board held a public
hearing to further explore the NPRM
and the comments of the parties. At the
public hearing, the Board heard
testimony from the NGFA, NITL, WCTL,
AAR, NS, UP, UTU–NY, The Tom
O’Connor Group (Tom O’Connor), and
the Alliance for Rail Competition
(ARC).9
As explained in the NPRM, the
Board’s arbitration processes have
remained largely unused since they
were instituted.10 The changes to the
The Board’s members and the U.S. Secretary of
Transportation are ex officio, nonvoting RSTAC
members. (49 U.S.C. 726.)
5 The Board received comments from the U.S.
Department of Agriculture (USDA), the Association
of American Railroads (AAR), Consumers United
for Rail Equity (CURE), the National Grain and Feed
Association (NGFA), the National Oilseed
Processors Association (NOPA), RSTAC,
Transportation Arbitration and Mediation, P.L.L.C.
(TAM), the Western Coal Traffic League (WCTL),
Dave Gambrel, and Gordon P. MacDougall for the
United Transportation Union–New York State
Legislative Board (UTU–NY). The American Paper
& Forest Association (APFA) and The National
Industrial Transportation League (NITL) filed joint
comments.
6 Assessment of Mediation and Arbitration
Procedures, EP 699 (STB served Mar. 28, 2012).
7 The Board received comments from BNSF
Railway Company (BNSF), Norfolk Southern
Railway Company (NS), Union Pacific Railroad
Company (UP), AAR, WCTL, Montana Grain
Growers Association (MGGA), NGFA, NITL,
National Railroad Passenger Corporation
(AMTRAK), USDA, and UTU–NY.
8 The Board received replies from AAR, UP,
WCTL, NITL, and UTU–NY.
9 Terry Whiteside appeared on behalf of the
following parties: ARC, Montana Wheat & Barley
Committee, Colorado Wheat Administrative
Committee, Idaho Barley Commission, Idaho Wheat
Commission, Nebraska Wheat Board, Oklahoma
Wheat Commission, South Dakota Wheat
Commission, Texas Wheat Producer Board, and
Washington Grain Commission.
10 The Board first adopted arbitration rules in
Arbitration of Certain Disputes Subject to the
Statutory Jurisdiction of the Surface Transportation
Board, EP 560 (STB served Sept. 2, 1997).
E:\FR\FM\17MYR1.SGM
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Agencies
[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29063-29071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10567]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 10-90; DA 13-598]
Survey of Urban Rates for Fixed Voice and Fixed Broadband
Residential Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau and the
Wireless Telecommunications Bureau adopt the form and content for a
survey of urban rates for fixed voice and fixed broadband residential
services, which the Commission will use to implement universal service
reforms adopted as part of the USF/ICC Transformation Order.
DATES: Effective May 17, 2013. This Order contains information
collection requirements that have not been approved by the Office of
Management and Budget (OMB). The Commission will publish a separate
document in the Federal Register announcing their effective dates.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Suzanne Yelen, Assistant Division
Chief, at 202-418-0626, Industry Analysis & Technology Division,
Wireline Competition Bureau. For additional information concerning the
PRA information collection requirements contained in this document,
send an email to PRA@fcc.gov or contact Judith B. Herman at 202-418-
0214.
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Urban
Rates Survey Order in WC Docket No. 10-90; DA 13-598, released on April
3, 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, and may also
be purchased from the Commission's copy contractor, BCPI, Inc., Portals
II, 445 Twelfth Street SW., Room CY-B402, Washington, DC 20554.
Customers may contact BCPI, Inc. via their Web site, https://www.bcpi.com, or call 1-800-378-3160. This document is available in
alternative formats (computer diskette, large print, audio record, and
Braille). Persons with disabilities who need documents in these formats
may contact the FCC by email: FCC504@fcc.gov or phone: 202-418-0530 or
TTY: 202-418-0432.
Synopsis of Reconsideration Order
1. On November 18, 2011, the Commission released the USF/ICC
Transformation Order and FNPRM, 76 FR 73830, November 29, 2011, which
comprehensively reforms and modernizes the universal service and
intercarrier compensation systems. In that Order, the Commission
directed the Wireline Competition Bureau and Wireless
Telecommunications Bureau (Bureaus) to conduct a survey of residential
urban rates for voice services. Specifically, the Commission directed
the Bureaus to ``develop a methodology to survey a representative
sample of facilities-based fixed voice service providers taking into
account the relative categories of fixed voice providers as determined
in the most recent FCC Form 477 data collection.'' The Commission also
delegated ``authority to conduct an annual survey of urban broadband
rates, if necessary, in order to derive a national range of rates for
broadband service'' and ``to monitor urban broadband offerings,
including by conducting an annual survey, in order to specify an
appropriate minimum for usage allowances and to adjust such a minimum
over time.'' In the accompanying FNPRM, the Commission sought comment
on various issues associated with determining reasonable comparability
for voice and broadband rates.
2. In response to the Commission's direction, the Wireline
Competition Bureau (Bureau) released a Public Notice, 77 FR 52279,
August 29, 2012, seeking comment on the format and content of a
proposed survey of urban rates for fixed voice and fixed broadband
residential services. The Bureau also sought to further develop the
record on how we could use the data collected in the survey to
determine the local voice rate floor and the reasonable comparability
benchmarks for fixed voice and fixed broadband services.
3. In the USF/ICC Transformation Order and FNPRM, the Commission
asked if it should ``separately collect data on fixed and mobile voice
telephony rates.'' In the Public Notice, we sought more detailed
comment specifically on the development of a survey for fixed services.
We now adopt a survey that collects data for fixed services.
4. We adopt a fixed-services specific survey because we have
decided not to create a national average urban rate that represents a
blended rate derived from both fixed and mobile data. We conclude that
the differences in rate plans and other attributes of fixed and mobile
services would make it inordinately difficult to create a unified
benchmark. Accounting for all of these differences would require
collecting substantial additional information as well as making
numerous assumptions that could greatly complicate the development of
the national average. For example, fixed and mobile voice offerings
often differ in pricing structure, with fixed voice providers charging
for unlimited calling in the local calling area and mobile providers
charging for a bucket of any-distance minutes. Similarly, fixed and
mobile broadband offerings typically differ substantially in speed and
capacity allowances. Generating a blended fixed and mobile rate would
require accounting for the various innate properties of each service to
make them ``comparable.'' Such a comparison would require assumptions
about which service characteristics might be adjusted, and collection
and analysis of data to understand customers' valuation of such
characteristics, both of which would be resource intensive.
5. In other respects, the Bureaus are continuing to consider the
best approach to implementing the reasonable comparability requirements
with respect to supported fixed and mobile services. In particular,
some nationwide providers have argued that they should be able to meet
the Commission's reasonable comparability benchmarks by certifying that
they charge the same prices in rural as urban areas. We will address
such arguments in a future order.
6. Because we anticipate announcing reasonable comparability
benchmarks derived from survey data after the deadline for the July 1,
2013 ETC annual reports, ETCs (both fixed and mobile) subject to
section 54.313 of the Commission's rules are not expected to make any
certification that their voice service rates are reasonably comparable
to the national average urban voice rate, as required in section
54.313(a)(10), in their 2013 annual reports. Instead, this requirement
will be initially implemented in the 2014 annual reports.
7. Survey Format and Sample Selection. As proposed in the Public
Notice, we intend to implement this survey through an online reporting
form
[[Page 29064]]
accessible to those urban providers of fixed voice and broadband
services that are chosen to participate. The Administrator, the
Universal Service Administrative Company, may assist in administering
the survey. We will select urban providers using FCC Form 477 data so
as to create a statistically valid sample that is representative of the
relative proportion of fixed terrestrial providers for the purpose of
setting a reasonable comparability benchmark for fixed voice and fixed
broadband services and a rate floor for fixed voice service. Separate,
independent samples will be chosen for the fixed voice and fixed
broadband sections of the survey. As further proposed in the Public
Notice, we will survey a statistically valid sample generated from all
fixed terrestrial providers--regardless of regulatory status or
technology--that serve urban census tracts in Metropolitan Statistical
Areas (MSAs) across the country. We will direct each provider chosen as
part of the sample to indicate prices it charges within the identified
Census tract.
8. Although no commenters objected to this approach, the National
Exchange Carrier Association, the National Telecommunications
Cooperative Association, the Organization for the Promotion and
Advancement of Small Telecommunications Companies, Eastern Rural
Telecom Association, and the Western Telecommunications Alliance
(together, NECA) urge the us to include within the survey sample in
each MSA all types of providers, including providers that serve the
whole MSA and providers that serve only a portion of the MSA. We agree.
As proposed in the Public Notice, we will survey a statistically valid
sample generated from all fixed terrestrial providers in each MSA, and
we will not exclude providers based on the size of their service area
within an MSA.
9. Consistent with our proposal in the Public Notice, we define
``urban'' for the purposes of this survey as all 2010 Census urban
areas and urban clusters that sit within an MSA, which includes
approximately 70-80 percent of the U.S. population. We will use
Commission data, primarily collected from Form 477 submissions, to
determine which providers are serving urban census tracts--this is the
most efficient way to identify service providers in particular areas.
No commenter objected to this proposal. As further proposed in the
Public Notice, we will provide hyperlinks in the survey instrument so
the respondent can easily associate the Census tract specified in the
survey with a physical location within the respondent's service area.
10. We require that a provider with multiple operating companies
within the same Census tract answer the survey questions for each
operating company. One commenter requests that a survey respondent need
only report data for one operating company in those cases where the
survey respondent has more than one operating company in a particular
tract. We are concerned, however, that allowing survey respondents to
select from among multiple operating companies to report data could
inadvertently introduce statistical bias in the survey results. Once
survey results have been collected, we will select from among the
reported companies in each Census tract in a manner that maintains
statistical integrity.
11. As suggested by AT&T, we include language in the survey
instructions specifying that providers should include in their
responses information regarding all-distance voice services and
broadband services even if those services are provided not just by the
respondent, but by the respondent and an affiliate. Particularly for
local telephone operating companies, there may be numerous instances in
which these entities provide all-distance voice service plans and/or
broadband services in conjunction with an affiliate and failing to
capture these offerings could result in substantially incomplete data.
12. Fixed Voice Offerings (Types of services). As proposed in the
Public Notice, we require providers to report separately stand-alone,
non-discounted rates for their unlimited or flat-rate local service,
unlimited all distance service, and measured or messaged local service.
If the provider does not offer any of these services, it would indicate
this and not report data for that category. No commenter disagreed with
this proposal. In addition, as the Wireline Competition Bureau
proposed, we require data for circuit switched and facilities-based
VoIP services to be collected separately. Further, we state explicitly
in the instructions that grandfathered services and pricing are not to
be reported in the survey.
13. Fixed Voice Offerings (Bundled services). We decline to include
bundled pricing in the survey at this time. In response to the Public
Notice, NECA suggests that the survey also should collect data on
separately-identified service rates in bundled service offerings. NECA
argues that the majority of customers now purchase bundles and that
because bundled rates are generally lower than a la carte rates,
excluding bundles could create an inflated rate floor. Although we
recognize that consumers may pay somewhat lower rates for fixed voice
services when those services are purchased as part of a bundle,
carriers today typically have discretion in how they allocate the price
of a bundle among the services making up the bundle. Companies may base
these allocations on regulatory requirements, state and local tax
requirements or company-specific marketing initiatives. We are
concerned about developing a rate floor and benchmark based on carrier
self-reported allocations using inconsistent methodologies. Moreover,
in the USF/ICC Transformation Order, the Commission specifically
adopted a minimum rate floor ``to avoid over-subsidizing carriers whose
intrastate rates are not minimally reasonable.'' Because bundles are
marketing devices used to induce consumers to purchase additional
services based on a discount, benchmarks set based on these prices
could be artificially low. We note that the Commission has used data
for stand-alone fixed-only service for its rate benchmark in the past.
14. Fixed Voice Offerings (Non-recurring charges). We will collect
information regarding non-recurring charges in the initial survey and
will determine whether to include this data as part of the benchmark
after the survey results have been examined. Some commenters suggest we
should not include these charges because such fees are ``associated
with initiating, extending, modifying, restoring, or repairing service,
but are not the fees for the service itself, differ by customer
location and other factors that makes including them complex, and are
directly linked to marketing plans and are often waived. We agree that
such fees can differ substantially among customers depending on
location and other factors and that including these charges will add
complexity to the survey. Further, we are mindful that non-recurring
charges are often part of marketing strategies and may be waived or
discounted in order to attract customers. However, we are concerned
that there may be cases in which providers offer high non-recurring
charges in combination with low recurring charges or allow consumers to
pay non-recurring charges on a monthly basis, and that excluding non-
recurring charges from the survey would restrict the Bureaus' ability
to evaluate whether such charges would materially impact the outcome
when setting the rate floor and reasonable comparability benchmarks.
15. Fixed Voice Offerings (Recurring charges). In the USF/ICC
Transformation Order, the Commission determined that the rate floor
should be
[[Page 29065]]
based upon ``end-user rates plus state regulated fees (specifically,
state SLCs, state universal service fees, and mandatory extended area
service charges).'' Therefore, notwithstanding arguments that fees,
taxes, and surcharges beyond the provider's control should not be
included in the survey, we are required to collect data on state SLCs,
state universal service fees, and mandatory extended area service (EAS)
charges. We conclude that there is a value in collecting information on
such fees as individual line items on the survey in order to monitor
over time the extent to which states impose fees for state universal
service funds and mandatory EAS.
16. We have modified the proposed survey to include all other
recurring surcharges, taxes, and Telecommunications Relay Service (TRS)
charges as a single, aggregated survey question. This information is
relevant to our development of reasonable comparability benchmarks.
Although we acknowledge that these charges can vary by area and
including them may raise the complexity of the survey somewhat, these
charges may be a significant portion of customers' monthly bills. We
decline to include touch tone charges as a separate item in the survey
at this time. Several of the larger incumbent carriers eliminated
separate touchtone charges more than a decade ago, and we are not aware
of a sufficiently large number of providers charging separately for
touch tone service today to warrant its inclusion as a separate entry.
To the extent some providers still charge separately for touch tone,
they should report such charges in the line entitled ``Total of all
other surcharges, taxes, TRS, and touch tone charges.'' For multiple,
customer-chosen EAS charges, we include language in the survey
instructions to specify how the provider should separately report
mandatory and voluntary EAS charges.
17. Fixed Voice Offerings (Local calling areas). We decline to
collect information regarding calling area size and scope in the
survey. Several commenters argue that the survey should gather this
information because the typically smaller number of persons within a
calling area in rural areas as compared to urban calling areas must be
taken into account in calculating the rate floor. In adopting the rate
floor rule, the Commission was seeking to ensure that consumers in
high-cost areas pay some minimum amount to support the cost of the
network before turning to the federal support mechanism, which
ultimately is borne by consumers across the nation. As the Commission
stated, ``we do not believe it is equitable for consumers across the
country to subsidize the cost of service for some consumers that pay
local service rates that are significantly lower than the national
urban average.'' Calling areas (like local retail rates) are
established by the states based on factors such as the attributes and
needs of local communities and are not necessarily related to the cost
of service. Considering local calling areas in the rate floor analysis
would be inconsistent with the Commission's efforts to avoid
subsidizing artificially low local rates.
18. Fixed Voice Offerings (Multiple rate zones within Census
tract). We make a minor modification to the proposal in the Public
Notice to address the situation in which providers may have multiple
zones that have different rates and fees within a single Census tract.
To avoid confusion or the possibility that providers will use varying
methods to determine an average rate among multiple zones, we include
in the survey instructions that indicate that if a provider has
multiple rates or other fees/taxes within a single, surveyed Census
tract, the provider should report all of the rates for that Census
tract separately. The Bureau will then determine which rates should be
included in the survey in a manner that will avoid introducing
statistical bias.
19. Fixed Broadband Offerings (Types of services). We require
providers to report all residential, non-discounted rates for all
standalone service speeds above 200 kbps offered in the specified
Census tract. This is a change from the original proposal that
offerings be placed in one of four service tiers. We agree with
commenters that the proposed categories in the Public Notice might not
accommodate the variety of plans currently offered. The modified survey
will ensure we have an understanding of the speeds available in the
marketplace and will be easier for respondents to complete.
20. We conclude that requiring survey respondents to use the speed
categories in FCC Form 477 would involve more time and resources for
filers than necessary for the Bureau to fulfill its obligations.
Although NECA claims that this will minimize the burden on providers,
we are not persuaded. For Form 477, providers report existing
subscriber counts for seventy-two download and upload speed
combinations. Because Form 477 requires providers querying their
existing customer databases for subscriber counts and the rate survey
requires providers to report rates that would be offered to a
hypothetical prospective customer, we see little reason to believe
using the Form 477 speed tiers would reduce burden.
21. We conclude that requiring providers to report offerings both
above and below the 4 Mbps down/1 Mbps up standard is necessary to
fulfill our obligations. We disagree with the suggestions of several
commenters that the Bureau should limit the survey to inquire solely
about offerings near 4 Mbps down/1 Mbps up because only this speed is
eligible for Connect America Fund support and all other offerings are
therefore irrelevant or beyond the Commission's authority. In the USF/
ICC Transformation Order, the Commission concluded that it ``must also
lay the groundwork for longer-term evolution of CAF broadband
obligations, as we expect technical capabilities and user needs will
continue to evolve. We therefore commit to monitoring trends in the
performance of urban broadband offerings through the survey data we
will collect and rural broadband offerings through the reporting data
we will collect.'' The Commission thus has directed the Bureaus to
conduct a survey of not just services that are close to 4 Mbps down/1
Mbps up broadband standard, but also of trends in the broadband market.
To fulfill this obligation, we must obtain information on a range of
broadband speeds available in the market.
22. Fixed Broadband Offerings (Capacity allowances). We adopt our
proposal that providers report on any capacity allowances and what
actions are taken when the capacity allowance is exceeded. We
specifically identified possible actions to include overage charges,
blocking traffic, and rate limiting. No commenter objected to including
capacity allowance in our survey, and we conclude that it is necessary
to know the allowances (if any) associated with each service offering
at a given price. We adopt the suggestion of the Alaska Rural Coalition
that the Bureau also request information regarding provider roll-over
offerings--``the provider practice of allowing customers to `roll over'
their unused capacity for a month to apply to future months of
service.'' We agree that it would be useful to collect information on
roll-over practices and add ``roll over'' as an option in the capacity
allowance question.
23. Fixed Broadband Offerings (Bundling, recurring, and non-
recurring charges). We conclude at this time that respondents will not
be required to include in their survey responses rates for any service
that cannot be purchased on a stand-alone basis. As explained above for
voice service, determining how to allocate the price of a bundled
[[Page 29066]]
service among its components is difficult, and bundled service
providers allocate pricing using different methodologies. Seeking data
on prices for offerings not actually offered in the marketplace would
likely skew the survey results.
24. We will collect information regarding non-recurring charges
associated with broadband services and determine whether to include
this data in the broadband benchmark once we have evaluated the initial
survey results. We conclude it is reasonable to gain a better
understanding of the total price that consumers are paying, including
non-recurring charges, before setting the broadband comparability
benchmark. Therefore, we will adopt the recurring taxes, fees, and
surcharge questions as proposed in the Public Notice.
25. Non-Filers. We will contact directly any provider that is sent
a survey notification that does not complete the online survey form
within 30 days. Compliance with the rules adopted in this Order is
mandatory, and failure to comply may lead to enforcement action,
including forfeiture penalties, pursuant to the Communications Act of
1934, as amended, and other applicable law.
Filing Procedures
26. Once OMB has completed its review of the survey collection
requirements adopted today, we will issue a public notice providing
detailed instructions and announcing when the survey notifications will
be distributed.
Congressional Review Act
27. The Commission will send a copy of this Urban Rate Survey Order
in a report to be sent to Congress and the Government Accountability
Office, pursuant to the Congressional Review Act.
Paperwork Reduction Act
28. This Urban Rates Survey Order contains new information
collection requirements subject to the PRA. It will be submitted to OMB
for review under section 3507(d) of the PRA. OMB, the general public,
and other Federal agencies are invited to comment on the new
information collection requirements contained in this proceeding.
Final Regulatory Flexibility Analysis
29. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Urban Rate Survey Public Notice. The Bureau sought
written public comment on the proposals in the Urban Rates Survey
Public Notice, including comment on the IRFA. No comments were received
addressing the IRFA. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
30. Need for and Objective of the Order. The Order adopts a survey
of urban rates for fixed voice and fixed broadband residential services
for purposes of implementing various reforms adopted as part of the
USF/ICC Transformation Order. In the USF/ICC Transformation Order, the
Commission comprehensively reformed universal service funding for high-
cost, rural areas, adopting fiscally responsible, accountable,
incentive-based policies to preserve and advance voice and broadband
service. As discussed in the Order, the rate survey will be used to
develop benchmarks and rate floors to insure supported providers' rates
are not unreasonably high or unnecessarily low.
31. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No parties have raised significant issues in
response to the IRFA.
32. Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration. Pursuant to the Small Business Jobs Act
of 2010, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments. The Chief Counsel did not
file any comments in response to the proposed rules in this proceeding.
33. Description and Estimate of the Number of Small Entities to
Which the Adopted Rules Will Apply. The RFA directs agencies to provide
a description of, and, where feasible, an estimate of the number of
small entities that may be affected by the rules and policies adopted
herein. The RFA generally defines the term ``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 SBA. Nationwide, there are a
total of approximately 27.5 million small businesses, according to the
SBA.
34. Small Business. Nationwide, there are a total of approximately
27.5 million small businesses, according to the SBA.
35. Wired Telecommunications Carriers. The SBA has developed a
small business size standard for Wired Telecommunications Carriers,
which consists of all such companies having 1,500 or fewer employees.
According to Census Bureau data for 2007, there were 3,188 firms in
this category, total, that operated for the entire year. Of this total,
3144 firms had employment of 999 or fewer employees, and 44 firms had
employment of 1000 employees or more. Thus, under this size standard,
the majority of firms can be considered small.
36. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses specifically
applicable to local exchange services. The closest applicable size
standard under SBA rules is for Wired Telecommunications Carriers.
Under that size standard, such a business is small if it has 1,500 or
fewer employees. According to Commission data, 1,307 carriers reported
that they were incumbent local exchange service providers. Of these
1,307 carriers, an estimated 1,006 have 1,500 or fewer employees and
301 have more than 1,500 employees. Consequently, the Commission
estimates that most providers of local exchange service are small
entities that may be affected by the rules and policies adopted in the
Order.
37. Incumbent Local Exchange Carriers (incumbent LECs). Neither the
Commission nor the SBA has developed a size standard for small
businesses specifically applicable to incumbent local exchange
services. The closest applicable size standard under SBA rules is for
Wired Telecommunications Carriers. Under that size standard, such a
business is small if it has 1,500 or fewer employees. According to
Commission data, 1,307 carriers reported that they were incumbent local
exchange service providers. Of these 1,307 carriers, an estimated 1,006
have 1,500 or fewer employees and 301 have more than 1,500 employees.
Consequently, the Commission estimates that most providers of incumbent
local exchange service are small businesses that may be affected by
rules adopted in the Order.
38. Competitive Local Exchange Carriers (competitive LECs),
Competitive Access Providers (CAPs), Shared-Tenant Service Providers,
and Other Local Service Providers. Neither the Commission nor the SBA
has developed a small business size standard specifically for these
service providers. The appropriate size standard under SBA rules is for
the category Wired Telecommunications Carriers. Under
[[Page 29067]]
that size standard, such a business is small if it has 1,500 or fewer
employees. According to Commission data, 1,442 carriers reported that
they were engaged in the provision of either competitive local exchange
services or competitive access provider services. Of these 1,442
carriers, an estimated 1,256 have 1,500 or fewer employees and 186 have
more than 1,500 employees. In addition, 17 carriers have reported that
they are Shared-Tenant Service Providers, and all 17 are estimated to
have 1,500 or fewer employees. In addition, 72 carriers have reported
that they are Other Local Service Providers. Of the 72, seventy have
1,500 or fewer employees and two have more than 1,500 employees.
Consequently, the Commission estimates that most providers of
competitive local exchange service, competitive access providers,
Shared-Tenant Service Providers, and Other Local Service Providers are
small entities that may be affected by rules adopted pursuant to the
Order.
39. Wireless Telecommunications Carriers (except Satellite). Since
2007, the SBA has recognized wireless firms within this new, broad,
economic census category. Prior to that time, such firms were within
the now-superseded categories of Paging and Cellular and Other Wireless
Telecommunications. Under the present and prior categories, the SBA has
deemed a wireless business to be small if it has 1,500 or fewer
employees. For this category, census data for 2007 show that there were
1,383 firms that operated for the entire year. Of this total, 1,368
firms had employment of 999 or fewer employees and 15 had employment of
1000 employees or more. Similarly, according to Commission data, 413
carriers reported that they were engaged in the provision of wireless
telephony, including cellular service, Personal Communications Service
(PCS), and Specialized Mobile Radio (SMR) Telephony services. Of these,
an estimated 261 have 1,500 or fewer employees and 152 have more than
1,500 employees. Consequently, the Commission estimates that
approximately half or more of these firms can be considered small.
Thus, using available data, we estimate that the majority of wireless
firms can be considered small.
40. Local Multipoint Distribution Service. Local Multipoint
Distribution Service (``LMDS'') is a fixed broadband point-to-
multipoint microwave service that provides for two-way video
telecommunications. The auction of the 986 LMDS licenses began and
closed in 1998. The Commission established a small business size
standard for LMDS licenses as an entity that has average gross revenues
of less than $40 million in the three previous calendar years. An
additional small business size standard for ``very small business'' was
added as an entity that, together with its affiliates, has average
gross revenues of not more than $15 million for the preceding three
calendar years. The SBA has approved these small business size
standards in the context of LMDS auctions. There were 93 winning
bidders that qualified as small entities in the LMDS auctions. A total
of 93 small and very small business bidders won approximately 277 A
Block licenses and 387 B Block licenses. In 1999, the Commission re-
auctioned 161 licenses; there were 32 small and very small businesses
winning that won 119 license.
41. Cable and Other Program Distribution. Since 2007, these
services have been defined within the broad economic census category of
Wired Telecommunications Carriers; that category is defined as follows:
``This industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA has developed a small business size standard
for this category, which is: all such firms having 1,500 or fewer
employees. According to Census Bureau data for 2007, there were a total
of 955 firms in this previous category that operated for the entire
year. Of this total, 939 firms had employment of 999 or fewer
employees, and 16 firms had employment of 1000 employees or more. Thus,
under this size standard, the majority of firms can be considered small
and may be affected by rules adopted pursuant to the Order.
42. Cable Companies and Systems. The Commission has developed its
own small business size standards, for the purpose of cable rate
regulation. Under the Commission's rules, a ``small cable company'' is
one serving 400,000 or fewer subscribers, nationwide. Industry data
indicate that, of 1,076 cable operators nationwide, all but eleven are
small under this size standard. In addition, under the Commission's
rules, a ``small system'' is a cable system serving 15,000 or fewer
subscribers. Industry data indicate that, of 7,208 systems nationwide,
6,139 systems have under 10,000 subscribers, and an additional 379
systems have 10,000-19,999 subscribers. Thus, under this second size
standard, most cable systems are small and may be affected by rules
adopted pursuant to the Order.
43. Cable System Operators. The Act also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1
percent of all subscribers in the United States and is not affiliated
with any entity or entities whose gross annual revenues in the
aggregate exceed $250,000,000.'' The Commission has determined that an
operator serving fewer than 677,000 subscribers shall be deemed a small
operator, if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the
aggregate. Industry data indicate that, of 1,076 cable operators
nationwide, all but ten are small under this size standard. We note
that the Commission neither requests nor collects information on
whether cable system operators are affiliated with entities whose gross
annual revenues exceed $250 million, and therefore we are unable to
estimate more accurately the number of cable system operators that
would qualify as small under this size standard.
44. Open Video Services. The open video system (``OVS'') framework
was established in 1996, and is one of four statutorily recognized
options for the provision of video programming services by local
exchange carriers. The OVS framework provides opportunities for the
distribution of video programming other than through cable systems.
Because OVS operators provide subscription services, OVS falls within
the SBA small business size standard covering cable services, which is
``Wired Telecommunications Carriers.'' The SBA has developed a small
business size standard for this category, which is: all such firms
having 1,500 or fewer employees. According to Census Bureau data for
2007, there were a total of 955 firms in this previous category that
operated for the entire year. Of this total, 939 firms had employment
of 999 or fewer employees, and 16 firms had employment of 1000
employees or more. Thus, under this second size standard, most OVS
operators are small and may be affected by rules adopted pursuant to
the Order. In addition, we note that the Commission has certified some
OVS operators, with some now providing service. Broadband service
providers (``BSPs'') are currently the only significant holders of OVS
certifications or local OVS franchises. The Commission does not have
financial or employment information regarding the entities authorized
to provide OVS, some of which may not yet be operational. Thus, again,
at least
[[Page 29068]]
some of the OVS operators may qualify as small entities.
45. Internet Service Providers. Since 2007, these services have
been defined within the broad economic census category of Wired
Telecommunications Carriers; that category is defined as follows:
``This industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA has developed a small business size standard
for this category, which is: all such firms having 1,500 or fewer
employees. According to Census Bureau data for 2007, there were 3,188
firms in this category, total, that operated for the entire year. Of
this total, 3144 firms had employment of 999 or fewer employees, and 44
firms had employment of 1000 employees or more. Thus, under this size
standard, the majority of firms can be considered small. In addition,
according to Census Bureau data for 2007, there were a total of 396
firms in the category Internet Service Providers (broadband) that
operated for the entire year. Of this total, 394 firms had employment
of 999 or fewer employees, and two firms had employment of 1000
employees or more. Consequently, we estimate that the majority of these
firms are small entities that may be affected by rules adopted pursuant
to the Order.
46. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements. In the Order, the Bureau adopts a survey of
urban rates for fixed voice and fixed broadband residential services.
Specifically, it requires reporting by a number of entities that are
included in the sample, including some small entities, of advertised
rates and product offerings.
47. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
48. The requirements adopted in the Order comprise an efficient
data collection process that imposes the smallest burden on fixed voice
and fixed broadband providers that still allows the Commission to
gather the necessary data to meet the goals of the USF/ICC
Transformation Order. The rate survey is not anticipated to have a
significant economic impact on small entities because the survey will
only sample a small number of providers. Furthermore, since the
statistical sampling methodology will result in larger entities being
more likely to be surveyed, we anticipate small entities will only
compose a minor portion of the overall sample. Moreover, the survey
only asks about advertised rates and product offerings which should be
readily available to entities of any size. Furthermore, any significant
economic impact cannot necessarily be minimized through alternatives
since the survey sample will already be restricted to a small set of
the total population of carriers necessary for generating a
statistically valid sample, and the survey will only ask for readily
available advertised rates and will be implemented in an easily
accessible online format.
49. Report to Congress. The Commission will send a copy of the
Order, including this FRFA, in a report to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Order, including this FRFA, to the Chief Counsel for Advocacy of
the SBA.
Ordering Clauses
50. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 5,
201-205, 218-220, 254, 303(r), and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152, 154(i), 155, 201-205, 218-220,
254, 303(r), and 403, sections 0.91, 0.131, 0.201(d), 0.291, 0.331 and
1.427 of the Commission's rules, 47 CFR 0.91, 0.131, 0.201(d), 0.291,
0.331, 1.427, and the delegations of authority in paragraphs 85, 99,
106, 114, and 246 of the USF/ICC Transformation Order, FCC 11-161, that
this Order is adopted.
51. It is further ordered that this Order shall be effective thirty
(30) days after publication in the Federal Register, except for the
requirements contained in paragraphs 11-13, 15-17, 19-20, 23, and 25-
26, and Appendix A, which are subject to the Paperwork Reduction Act
(PRA). These requirements include new or modified information
collection requirements that require approval by the Office of
Management and Budget under the PRA, and shall become effective after
the Commission publishes a notice in the Federal Register announcing
such approval and the relevant effective date(s).
52. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
53. It is further ordered that the Commission shall send a copy of
this Order to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Federal Communications Commission.
Carol Mattey,
Deputy Bureau Chief, Wireline Competition Bureau.
Appendix A--Urban Rates Survey Form
I. Survey Respondent Information
Provider Name: (pre-populated by FCC)
Operating Company Name:
Provider FRN (used on MONTH DAY, YEAR Form 477):
Provider Study Area Code (if current USF recipient):
Name of Person Completing Form:
Contact Phone Number:
Contact Email Address:
Name of Certifying Official:
Certifying Official's Phone Number:
Certifying Official's Email Address:
Location for Which Reported Rates Apply: (pre-populated by FCC)
II. Fixed Voice Information
For each specified voice service offered within the Census tract
on MONTH DAY, YEAR, respondents must report non-discounted recurring
monthly rates and service initiation charges. Detailed instructions
for each question section are provided in the particular section.
Note that circuit-switched and VoIP service information should be
reported separately as indicated.
II.a Rate and Charge Information
In some cases, multiple rates and or taxes/fees/surcharges may
exist for the same service within the Census tract. If this occurs
for the specified Census tract, respondents must report the least
and most expensive total cost offerings. For example, if two
different rates (or other surveyed amounts such as taxes) for flat-
rate, local service are applicable to two different portions of the
Census tract, then the respondent should indicate that multiple
rates exist.
Do multiple rates and/or taxes, fees, surcharges exist for this
service offering within the same specified Census tract?
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance
[[Page 29069]]
service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
II.a.1 Monthly Rates
For each service offered, report each component of the rate in
dollar and cents amounts. If both circuit switched and VoIP service
are offered, report information for both services. Reported monthly
rates should be standard, non-discounted residential rates. If there
are multiple rates or taxes/fees/surcharges for the same service
offering in the specified Census tract (indicated by ``Yes'' in the
previous question), report the least total monthly cost offering in
Sections 11.a.1 and 11.a.2, and the greatest total monthly cost
rates in Sections II.a.3 and II.a.4. If there is only one rate to
report, use Sections 11.a.1 and 11.a.2. ``All-distance'' services
include only domestic calling, not international.
Recurring service charge (without SLC)
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Federal subscriber line charge (SLC), if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Access Recovery Charge (ARC), if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
State SLC, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
State USF charge, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Mandatory extended area service (EAS) charges, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Voluntary EAS charges, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Total of all other surcharges, taxes, and TRS charges. (See
instructions for a list of charges to be included.)
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Number of voice calls or message units included in monthly rate if
measured service (local service area calls only)
For Circuit Switched (measured or messaged local service)
For VoIP (measured or messaged local service)
Dollar calling allowance for voice calls included in monthly rate if
measured service (local service area calls only).
For Circuit Switched (measured or messaged local service)
For VoIP (measured or messaged local service)
Peak period local rate per unit (minute or call/message) once
allowance exceed, if measured service.
For Circuit Switched (measured or messaged local service,
indicate if rate is per call or per minute)
For VoIP Switched (measured or messaged local service, indicate
if rate is per call or per minute)
Off-peak period local rate per unit (minute or call/message) once
allowance exceeded, if measured service.
For Circuit Switched (measured or messaged local service,
indicate if rate is per call or per minute)
For VoIP Switched (measured or messaged local service, indicate
if rate is per call or per minute)
II.a.2 Service Initiation Charges
For each item listed, report the minimum non-discounted amount a
customer would pay for each non-recurring charge. If an item is not
offered by the carrier, then mark ``N/A.''
Total connection charge for residential service if no premises visit
is required.
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Minimum additional charge if drop line and terminal block are needed
to connect service. Do not include any inside wiring charges.
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Mandatory surcharges on connection accounted as company revenue
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
State, county, and local taxes and surcharges on connection
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Other mandatory connection charges
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
II.a.3 Monthly Rates (Use Only If Multiple Rates)
Only use the following rates and charges questions if reporting
multiple rates and/or taxes/fees/surcharges for the same service in
the same Census tract. Report rates and charges for the greatest
total monthly cost offering.
Federal subscriber line charge (SLC), if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Access Recovery Charge (ARC), if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
State SLC, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
State USF charge, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Mandatory extended area service (EAS) charges, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Voluntary EAS charges, if any
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance
[[Page 29070]]
service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Total of all other surcharges, taxes, and TRS charges. (See
instructions for a list of charges to be included.)
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Number of voice calls or message units included in monthly rate if
measured service (local service area calls only)
For Circuit Switched (measured or messaged local service)
For VoIP (measured or messaged local service)
Dollar calling allowance for voice calls included in monthly rate if
measured service (local service area calls only).
For Circuit Switched (measured or messaged local service)
For VoIP (measured or messaged local service)
Peak period local rate per unit (minute or call/message) once
allowance exceed, if measured service.
For Circuit Switched (measured or messaged local service,
indicate if rate is per call or per minute)
For VoIP Switched (measured or messaged local service, indicate
if rate is per call or per minute)
Off-peak period local rate per unit (minute or call/message) once
allowance exceeded, if measured service.
For Circuit Switched (measured or messaged local service,
indicate if rate is per call or per minute)
For VoIP Switched (measured or messaged local service, indicate
if rate is per call or per minute)
II.a.4 Service Initiation Charges (Use Only If Multiple Rates)
For each item listed, report the minimum non-discounted amount a
customer would pay for each non-recurring charge. If an item is not
offered by the carrier, then mark ``N/A.''
Total connection charge for residential service if no premises visit
is required.
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Minimum additional charge if drop line and terminal block are needed
to connect service. Do not include any inside wiring charges.
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Mandatory surcharges on connection accounted as company revenue
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
State, county, and local taxes and surcharges on connection
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
Other mandatory connection charges
For Circuit Switched (unlimited or flat-rate local service,
unlimited all-distance service, measured or messaged local service)
For VoIP (unlimited or flat-rate local service, unlimited all-
distance service, measured or messaged local service)
III. Internet Service Information
For each standalone, Internet service offered in the specified
Census tract on MONTH DAY, YEAR, report information on the service's
technology, advertised speeds, capacity allowances (if any),
recurring rates, and non-recurring rates. Only report offerings
where both the download and upload speeds are at least 200 kbps.
Detailed instructions for each question section are provided in the
particular section. Report information for each service offering
distinguished by speeds, technology, and capacity allowance (if
any). In the form, each column represents a separate speed/
technology/capacity allowance combination.
III.a Service Information
Report information for each service offering distinguished by
speeds, technology, and capacity allowance (if any). For example, if
in the specified Census tract, unlimited 5/2 Mbps residential
service is offered using either DSL or fiber to the home (FTTH),
then report the 5/2 Mbps DSL unlimited service in one column and the
5/2 Mbps FFTH unlimited service in the next column. As another
example, if a 10/2 Mbps DSL services is offered with either a 100 GB
or 200 GB capacity allowance then report the 10/2 Mbps DSL 100 GB
service in one column and the 10/2 Mbps DSL 200 GB service in the
next column. Use as many columns (and extend as necessary) to report
on all offered services. A drop down box allows for selecting the
following technologies: DSL, FTTH, cable, fixed wireless, and other.
Note that FTTH should only be used if the optical fiber reaches the
boundary of the living space, such as a box on the outside wall.
Report advertised speeds in Mbps.
Service Technology
Advertised Download Speed (Mbps)
Advertised Upload Speed (Mbps)
III.b Capacity Allowance Information
Report capacity allowances (in GB) applied to the service, if
any. A capacity allowance is the monthly data usage level at which
the Internet Service provider begins to block, rate-limit, or charge
excess fees for additional data transmission. If a service offering
has no specified allowance then enter ``Unlimited.'' For each
capacity allowance in place, indicate what action is taken when the
allowance is reached. For services with capacity allowances, a drop
down box will offer a menu of actions the ISP will take once the
limit is reached. These include ``Overage Charge,'' ``Blocking
Traffic,'' ``Rate- limiting,'' and ``Other.'' If a capacity
allowance is based on a customer's use relative to other customers,
report the data amount (in GB) for which the allowance would be
reached as of MONTH DAY, YEAR. Also indicate whether un-used data
capacity may be ``rolled over'' from month to month.
Monthly capacity allowance on service (GB), if any. If no
specified allowance, choose ``Unlimited.''
May unused capacity be rolled-over to the next month?
If the capacity allowance is reached, what action is taken?
III.c Rate and Charges Information
In some cases, multiple rates and/or taxes/fees/surcharges may
exist for the same service within the Census tract. If this occurs
for the specified Census tract, respondents must report the least
and most expensive total cost offerings.
Do multiple rates and/or taxes, fees, surcharges exist for the
same service offering within the same specified Census tract? (yes/
no)
III.c.1 Recurring Rates
For each service offering, report each component of the rate in
dollar and cents amounts. Reported monthly rates should be standard,
non-discounted residential rates. In some cases, this may be the
month-to-month rate available to a customer not eligible for
introductory rates, etc. If there are multiple rates or taxes/fees/
surcharges for the same service offering in the specified Census
tract (indicated by ``Yes'' in the previous question), report the
least total monthly cost offering in the Sections III.c.1 and
III.c.2, and the greatest total monthly cost rates in Sections
III.c.3 and III.c.4. If there is only one rate to report, use
Sections III.c.1 and III.c.2.
Recurring monthly charge
Total of state, local, and municipal taxes
Total of all other mandatory fees and taxes (such as provider
surcharges, etc.) passed through.
Surcharges on the service accounted as company revenue (i.e. non-
pass through)
III.c.2 Non-Recurring Charges
For each item listed, report the minimum amount a customer would
pay for each non-recurring charge if the item is required for the
Internet service. If an item is not offered by the provider, then
mark it as ``NA''.
Activation or connection not requiring a service visit to the
premises
Activation or connection requiring a service visit (but assuming
the premises is already physically wired)
Does this service require the customer use a modem or other
hardware? (yes/no)
If ``Yes'' for modem and hardware question, what is the purchase
price for necessary hardware? (if provider sells such hardware.)
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If ``Yes'' for modem and hardware question, what is the monthly
rental price for necessary hardware? (if provider rents hardware.)
Computer/laptop hook-up by service technician already making a
service visit.
III.c.3 Recurring Rates (Use Only If Multiple Rates)
Only answer the following rates and charges questions if
reporting multiple rates and/or taxes/fees/surcharges for the same
service in the same Census tract. Report rates and charges for the
greatest total monthly cost offering.
Recurring monthly charge
Total of state, local, and municipal taxes
Total of all other mandatory fees and taxes (such as provider
surcharges, etc.) passed through.
Surcharges on the service accounted as company revenue (i.e. non-
pass through)
III.c.4 Non-Recurring Rates (Use Only If Multiple Rates)
For each item listed, report the minimum amount a customer would
pay for each non-recurring charge if the item is required for the
Internet service. If an item is not offered by the provider, then
mark it as ``NA''.
Activation or connection not requiring a service visit to the
premises
Activation or connection requiring a service visit (but assuming the
premises is already physically wired)
Does this service require the customer use a modem or other
hardware? (yes/no)
If ``Yes'' for modem and hardware question, what is the purchase
price for necessary hardware? (if provider sells such hardware.)
If ``Yes'' for modem and hardware question, what is the monthly
rental price for necessary hardware? (if provider rents hardware.)
Computer/laptop hook-up by service technician already making a
service visit.
[FR Doc. 2013-10567 Filed 5-16-13; 8:45 am]
BILLING CODE 6712-01-P