Modernizing the FCC Form 477 Data Program, 49126-49149 [2013-19493]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49126-49149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19493]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, and 43

[WC Docket No. 11-10; FCC 13-87]


Modernizing the FCC Form 477 Data Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Report and Order revises the Federal Communications 
Commission's Form 477 collection to include data on deployment of fixed 
and mobile broadband networks and mobile voice networks, as well as 
company identification and emergency contact information. The Report 
and Order also makes a number of targeted changes to the collection of 
subscription data to reduce reporting burdens and improve the quality 
and usefulness of data collected through the Form 477.

DATES: Effective September 12, 2013 except for the amendments to 
Sec. Sec.  1.7001, 1.7002, 43.01 and 43.11 of the Commission's rules, 
which contain information collection requirements that have not been 
approved by the Office of Management and Budget and will become 
effective upon announcement in the Federal Register of Office of 
Management and Budget approval and an effective date of the rules.

FOR FURTHER INFORMATION CONTACT: Chelsea Fallon, Industry Analysis and 
Technology Division, Wireline Competition Bureau, at (202) 418-0940.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in WC Docket No. 11-10, FCC 13-87, released on June 27, 2013. 
The complete text of this document is available for public inspection 
during regular business hours in the FCC Reference Information Center, 
Room CY-A257, 445 12th Street SW., Washington, DC 20554. It is also 
available on the Commission's Web site at https://www.fcc.gov.

Congressional Review Act

    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act.

Synopsis of Report and Order

I. Introduction

    1. The Commission is committed to robust, data-driven decision 
making. Data about broadband and voice deployment and subscription are 
essential to the Commission's ability to fulfill its statutory 
obligations and play a vital public interest role for other state, 
local, and federal agencies, researchers, and consumers. To carry out 
our commitment, we need adequate and reliable data.
    2. For the last three years, data on broadband deployment have been 
collected by the National Telecommunications and Information 
Administration (NTIA) to populate the National Broadband Map. But 
NTIA's collection program is nearing its completion. In today's Order, 
we assume the responsibility for collection of broadband deployment 
data, with some modifications to streamline and reduce the burdens on 
providers while making other modest improvements. We applaud NTIA for 
its collection in coordination with the states through the State 
Broadband Initiative (SBI). We are proud to carry the torch forward.
    3. In addition, this Order makes a number of targeted changes to 
reduce reporting burdens and enhance the usefulness of data collected 
through the Form 477. Specifically, we modify our Form 477 program in 
the following ways. To ensure continuity with the National Broadband 
Map, we collect network deployment data for fixed and mobile broadband 
as well as mobile voice network deployment data. Fixed broadband data 
will be collected by census block, while mobile broadband and mobile 
voice providers will provide data showing their network coverage areas. 
To streamline and reduce burdens, we will not require providers to 
submit broadband deployment data in predetermined speed tiers, and 
instead will require providers of broadband services simply to provide 
advertised speeds--the maximum advertised speed in each census block 
for fixed broadband, and the minimum advertised speed in each coverage 
area for mobile broadband. Streamlining the collection in this manner 
will give the Commission greater flexibility to group and analyze 
broadband speed data in useful ways. We also allow providers to file 
all data in a single, uniform format, rather than potentially different 
formats across the states. To analyze competition for residential 
versus business customers, fixed broadband providers must distinguish, 
where appropriate, between deployment of residential and nonresidential 
services.
    4. With regard to our collection of subscription and other data, we 
also take measures to reduce burdens while improving the quality of our 
data: To reduce burdens we: eliminate the use of speed tiers for 
broadband subscription data, as we do with broadband deployment data, 
and require filers to provide the number of broadband connections by 
the advertised speeds associated with each product subscribed to in the 
relevant geographic area, census tracts for fixed and states for 
mobile. Fixed providers will report connections by the maximum 
advertised upload and download speeds, while mobile providers will 
report connections by minimum advertised upload and download speeds. We 
also eliminate various questions on the current Form 477 in order to 
streamline the Form, avoid duplication with the new deployment 
collection, and reduce the burden on filers. To improve the quality of 
the subscription data we collect, we require providers of fixed voice 
and interconnected VoIP services to file subscription data by census 
tract, as we currently do for fixed broadband subscription data, rather 
than the current process of requiring such providers to submit the list 
of ZIP codes in which they provide service to end-user customers. To 
enhance our ability to meet public safety needs and obligations, we 
collect emergency contact information from providers. Finally, we 
require filers to report certain company identification information, 
which will facilitate transaction reviews, as well as ongoing vigilance 
against waste, fraud, and abuse of universal service funding.
    5. We are committed to improving the data that the Commission 
collects even as we continue to explore ways to make the Form 477 
filing less burdensome. To that end, we direct the Wireline Competition 
Bureau, in consultation with the Wireless Telecommunications Bureau, to 
explore technical improvements to the Form 477 filing mechanism that 
may make the process easier for filers, and to examine ways to collect 
more granular data without increasing burdens.

II. Background

A. Development and Evolution of the Form 477 Data Program

    6. The Commission's Form 477 was established in 2000 to provide the 
Commission with uniform and reliable data not comprehensively available

[[Page 49127]]

elsewhere. The information submitted through the Form 477 program 
improves the Commission's ability to comply with statutory requirements 
and develop, evaluate, and revise policy, and provides important 
benchmarks for Congress, the Commission, other policy makers, academic 
researchers, and consumers. The Commission has revised the nature of 
the information collected via the form several times during the last 
decade to ensure that we collect data relevant to a changing 
marketplace. Nearly four years ago, the National Broadband Plan 
recommended that the Commission revise its Form 477 data collection to 
better monitor broadband availability, adoption, and competition. In 
turn, the Commission launched its Data Innovation Initiative--a whole-
agency effort to modernize and streamline how we collect, use, and 
disseminate data. This Order acts on the commitment to ensure that the 
Commission has the information it needs for data-driven decision making 
while minimizing the burden on industry.
    7. May 2000 Form 477. The Commission established Form 477 to 
collect data regarding broadband services, local telephone service 
competition, and mobile telephony services on a single form and in a 
standardized manner. The original Form 477 collected subscribership 
data for local telephone service, including data from incumbent local 
exchange carriers (LECs) and competitive LECs, on the number of voice-
grade equivalent lines and fixed wireless channels in service for the 
provision of local exchange or exchange access service to end-user 
customers and for resale. The form required broadband and local 
telephone service providers to provide a list, by state, of the five-
digit ZIP codes in which they provided service to end-user customers. 
The form required mobile telephony providers to report total 
subscribers served over their facilities, by state, and the percentage 
of those subscribers billed directly by the reporting provider.
    8. The initial Form 477 collected data from facilities-based 
broadband providers on the numbers of connections to the Internet in 
service to end users in each state. The Commission tracked connections 
with information transfer rates exceeding 200 kilobits per second 
(kbps) in at least one direction. The Commission required providers to 
identify the technology used to provide the connections, the percentage 
of connections used by residential customers and small businesses as a 
group, whether the connections used the provider's own ``last mile'' 
facilities, and each ZIP code in which the provider had at least one 
connection in service by means of any broadband technology.
    9. 2004 Revisions. To capture a more comprehensive picture of 
broadband deployment in rural areas, in 2004 the Commission required 
submissions from all facilities-based providers of broadband 
connections. The Commission further required filers to report the 
percentage of their connections that fell into five speed tiers. 
Incumbent LECs were required to report the percentage of residential 
end-user premises in their service areas where DSL connections were 
available, and cable system operators were required to report 
comparable information for their cable modem service. Also, filers were 
required to identify which particular fixed-location broadband 
technologies were being used to provide connections in individual ZIP 
codes.
    10. 2008 Revisions. In 2008, the Commission again revised the Form 
477 data program to collect more granular subscription data and improve 
the quality of data on mobile wireless broadband services. The 
Commission determined that all wireline, terrestrial-fixed wireless, 
and satellite broadband service providers must report the numbers of 
subscribers by census tract, broken down by technology and more 
disaggregated speed tiers, and the percentage of subscribers that are 
residential. The Commission extended filing requirements to providers 
of interconnected Voice over Internet Protocol (VoIP) service, 
requiring them to report the number of subscribers they serve in each 
state, the percentage of those who are residential, the number of 
subscribers who purchase the service in conjunction with the purchase 
of a broadband connection and, of those, the types of connections 
purchased. The Commission also required interconnected VoIP service 
providers to report the percentage of subscribers who can use the 
service over any broadband connection and to report a list of five-
digit ZIP codes within each state in which they have at least one 
subscriber. The Commission determined that terrestrial mobile wireless 
broadband service providers would continue to submit their broadband 
subscriber totals on a state-by-state basis, rather than by census 
tract, and list the census tracts that ``best represent'' their 
broadband service footprint for each speed tier they offer.
    11. 2008 Further Notice. In the 2008 Further Notice of Proposed 
Rulemaking, the Commission sought comment on several matters, including 
whether it should collect information on actual speeds of broadband 
services; how generally to maintain the confidentiality of broadband 
data; whether the Commission should conduct and publish periodic 
consumer surveys on broadband services; and whether and how to 
institute a national broadband availability mapping program. The 
Commission tentatively concluded that it ``should collect information 
that providers use to respond to prospective customers to determine on 
an address-by-address basis whether service is available.''
    12. National Broadband Plan. The National Broadband Plan emphasized 
the necessity of ``continuous collection and analysis of detailed data 
on competitive behavior'' and the need for the Commission to conduct 
``more thorough data collection to monitor and benchmark competitive 
behavior.'' The Plan also recommended that the Commission ``revise Form 
477 to collect data relevant to broadband availability, adoption and 
competition.''
    13. 2011 Notice of Proposed Rulemaking. On February 8, 2011, the 
Commission released a Notice of Proposed Rulemaking (NPRM) seeking 
comment on whether and how to reform the Form 477 data program to 
improve the Commission's ability to carry out its statutory duties, 
while also streamlining and minimizing the overall costs of the 
program, including the burdens imposed on providers. Today's Order 
addresses issues that were first raised in WC Docket Nos. 07-38, 08-
190, and 10-123 that relate to the Commission's data programs. Given 
the changes that the industry has experienced since the 2008 Broadband 
Data Gathering Order and Further Notice, the increased focus on 
broadband issues by the Commission and Congress, and the administrative 
efficiencies that will result from consolidating these issues in a 
single docket, the Commission incorporated the comments and ex parte 
presentations of WC Docket Nos. 07-38, 08-190, and 10-123 into new 
docket WC Docket No. 11-10. The Commission sought comment on the 
collection of five specific categories of data--deployment, price, 
subscription, service quality and customer satisfaction, and ownership 
and contact information--asking whether and how to collect such data 
and seeking comment on the Commission's authority to do so. This Order 
addresses the collection of deployment data, subscription data, and 
company identification and contact information. We do not address the 
collection of price data or service quality and customer satisfaction 
data at this time, and those issues remain open

[[Page 49128]]

for consideration. The NPRM also sought comment on the use of third-
party data, which entities should be required to report, and the 
frequency of reporting.

B. Uses of Form 477 and SBI Data

    14. Data collected through Form 477 and NTIA's SBI program play an 
essential role in the Commission's work: We use these data to meet our 
statutory obligation to assess annually the state of broadband 
availability, update our universal service policies and monitor whether 
our statutory universal service goals are being achieved, and meet our 
public safety obligations. We also make the data available to states, 
researchers, and the public to inform their own activities and 
decisions regarding voice and broadband networks and services.
    15. Many of these obligations flow directly from statute. 
Significantly, the Broadband Data Improvement Act (or BDIA, which built 
on section 706 of the Telecommunications Act of 1996) requires that the 
Commission conduct an annual inquiry concerning the ``availability of 
advanced telecommunications capability to all Americans.'' As part of 
this inquiry, the Commission must ``determine whether advanced 
telecommunications capability is being deployed to all Americans in a 
reasonable and timely fashion.'' If the Commission's conclusion is 
negative, it must ``take immediate action to accelerate deployment of 
such capability by removing barriers to infrastructure investment and 
by promoting competition in the telecommunications market.'' The 
Commission has observed that the data collected on Form 477 to date 
have been imperfect for the purpose of assessing broadband deployment 
and availability. Prior to the 2012 Eighth Broadband Progress Report, 
the Commission used Form 477 broadband subscription data as a proxy for 
fixed broadband deployment. Subscription data are a highly imperfect 
proxy for network deployment. Deployment may be understated if no 
household in an area has chosen to subscribe to a service offering 
provided by a network, for example, and capability may be understated 
if no household has subscribed to the highest speed offering. Because 
of the limitations of Form 477 subscription data, in the 2012 Eighth 
Broadband Progress Report, the Commission relied solely on NTIA's SBI 
deployment data to assess broadband deployment. The Commission also 
calculated, for the first time, fixed broadband adoption rates using 
both Form 477 subscription data and SBI deployment data.
    16. Deployment and subscription data are also needed to fulfill our 
universal service mandate. The Communications Act of 1934, as amended, 
requires the Commission to base its universal service policies on a 
number of principles, including that ``[c]onsumers in all regions of 
the Nation, including low-income consumers and those in rural, insular, 
and high cost areas, should have access to telecommunications and 
information services . . . that are reasonably comparable to those 
services provided in urban areas.'' The Commission currently relies on 
SBI data for a number of universal service policies. For example, the 
Commission has relied on the SBI data to determine areas eligible for 
support in Connect America Phase I, and has stated that it will rely on 
SBI data for determining areas eligible for support in Connect America 
Phase II. In addition, the Commission has sought comment on using SBI 
data to determine areas eligible for the Remote Areas Fund. Over time, 
the Commission's reliance on the SBI data to support its universal 
service policies will transition to reliance on data collected on Form 
477. Thus, the data collected on Form 477 are critical to measuring 
whether we are meeting our universal service mandate.
    17. Accurate, detailed data about deployment and subscription also 
help further the Commission's public safety goals. In disaster 
situations, for example, we use these data to identify service 
providers likely to be affected and alternative sources of critical 
communications. The collection of deployment and subscription data help 
the Commission monitor the performance of both legacy circuit-switched 
networks and broadband networks, to ensure that consumers can access 
emergency services as service providers transition from one technology 
to the other.
    18. Moreover, in addition to the Commission's use of the data, 
there have been tremendous public interest benefits to other federal 
and state agencies and the general public from the FCC's and NTIA's 
data collections. Use of the National Broadband Map application, and 
access to the data via download or Application Programming Interfaces, 
has been extensive. The Federal Geographic Data Committee highlighted 
the success and use of the data in its annual report. The Homeland 
Infrastructure Foundation Level Working Group has consistently used the 
broadband deployment data as part of its 17-sector critical 
infrastructure data asset, and the National States Geographic 
Information Council have an active working group set up to address the 
National Broadband Map. Researchers have used these data to address a 
range of technical and social issues on the communications landscape. 
Finally, consumers and policy makers alike are more informed about 
deployment with the open access to data that the National Broadband Map 
provides, as a recent case study by the Wilson Center made clear.
    19. We provide state public utility commissions with access to 
disaggregated Form 477 subscribership data, provided the commissions 
have appropriate confidentiality protections in place. Additionally, 
pursuant to section 106(h)(1) of the Broadband Data Improvement Act, 
the Commission provides State Broadband Data and Development grant 
recipients (``eligible entities'' under the BDIA) with access to 
``aggregate'' Form 477 subscribership data to support the activities 
that are funded through the State Broadband Data and Development Grant 
Program. The data are available to help eligible entities identify and 
track areas in each state that have low levels of broadband service 
deployment, and identify barriers to adoption of broadband service by 
individuals and businesses.

III. Discussion

    20. The Commission is committed to meeting its obligations through 
decisions that are supported by current, reliable data. In the NPRM, 
the Commission sought comment on a number of proposals to improve and 
streamline the Form 477 collection process. As discussed below, we 
conclude that we should revise our Form 477 collection to include data 
on deployment of fixed and mobile broadband networks and mobile voice 
networks, as well as company identification and emergency contact 
information. We will not require providers to submit broadband 
deployment data in predetermined speed tiers, and we eliminate the use 
of speed tiers for broadband subscription data. Instead, we require 
providers of broadband services simply to provide advertised speeds: 
The maximum advertised speed for fixed broadband and the minimum 
advertised speed for mobile broadband. Streamlining the collection in 
this manner will give the Commission greater flexibility to group and 
analyze broadband speed data in useful ways. We do not make any changes 
to the categories of providers that are required to file Form 477.
    21. Shortly after release of this Order, the Wireline Competition 
Bureau will release a data specification that reflects the changes 
necessary to implement this Order. As they have with every previous

[[Page 49129]]

revision of Form 477, Wireline Competition Bureau staff will work with 
providers to ensure that the providers have the tools they need to 
complete and file the form in the least burdensome manner possible. We 
delegate authority to the Wireline Competition Bureau, in consultation 
with the Wireless Telecommunications Bureau, to implement any technical 
improvements or other clarifications to the filing mechanism and forms 
that will make compliance easier for filers.

A. Deployment Data

    22. The NPRM sought comment on whether voice and broadband 
deployment data are necessary to fulfill a number of the Commission's 
statutory and policy goals. Based on the record before us, we conclude 
that it is in the public interest for the Commission to collect data on 
deployment of fixed and mobile broadband networks and mobile voice 
networks. As noted above, many commenters agree that we should collect 
deployment data in order to help meet statutory obligations.
    23. We continue the important collection of deployment data 
initiated by NTIA's SBI program and make modest but important 
adjustments to that collection. We will collect data on where people 
have access to broadband service (what locations have services 
available), as well as the nature of the broadband services offered in 
those areas (for example, the speed and technology of the offering). As 
noted above, most providers have already been submitting deployment 
data through NTIA's SBI data collection process, but such collection 
will end next year. The changes we adopt to the SBI collection are 
designed to reduce filing burdens and increase reliability of the data. 
For example, the collection will occur in a single, unified process 
rather than on a state-by-state basis. A single, nationwide filing 
(that includes both deployment and subscription data) will help 
eliminate potential variations among states, and reduce to one the 
number of entities with which a multistate provider must coordinate for 
its filing. In addition, the elimination of speed tiers will reduce 
burdens associated with categorizing data into those tiers. The data 
will also be more reliable because all providers must file, and must 
certify to the accuracy upon filing. In short, and as we describe more 
fully below, the collection is carefully tailored to provide the 
Commission the data it needs to fulfill its mission, while taking steps 
to minimize the burden on filers. As a result, we expect that 
communications providers' overall reporting burden will decrease even 
though the Commission will be collecting more data.
1. Collection of Broadband Deployment Data
    24. Our collection of deployment data will differ in some ways from 
NTIA's SBI data collection in order to ensure that these data will 
support our efforts to fulfill statutory directives and policy goals. 
We make several modest but important improvements to enhance the 
reliability and usefulness of the data. First, under the SBI 
collection, providers submit data to the states, so there may be as 
many as 56 different methodologies for collecting SBI data. The Form 
477 collection will be a single, uniform filing for all providers, 
which will reduce potential for distortion or misleading comparisons of 
the data. A national system should also reduce the burden on multistate 
filers, who today must often file their deployment data in different 
ways with different entities. Second, submission of data for NTIA's SBI 
program is voluntary; the Form 477 filing is mandatory and requires 
filers to certify that the data are accurate, which will promote 
complete and accurate data. Third, the SBI does not routinely separate 
residential from business data. The Form 477 deployment collection will 
require filers to distinguish, where appropriate, between residential 
and nonresidential deployment. This will help the Commission to better 
estimate the level of competition in a market and the number of 
providers that compete for a particular class of customers. Fourth, the 
SBI program collects data by speed tiers that differ from the speed 
tiers the Commission uses to collect subscription data. We eliminate 
the use of speed tiers for both deployment and subscription data, thus 
ensuring that speed data are reported consistently across the 
collection. Fifth, the Form 477 collection will include information on 
the type of network technology deployed and spectrum bands used for 
mobile broadband deployment, which will refine our analysis of 
broadband deployment and spectrum utilization. Finally, Form 477 will 
not collect existing portions of NTIA's SBI data collection that are 
not essential to the production of the National Broadband Map, 
including subscriber-weighted average speeds by county.
    25. Some commenters argue that the Commission need not collect 
broadband deployment data at this time because broadband deployment and 
availability information is available through NTIA's SBI data 
collection, which is made available through the National Broadband Map. 
As noted above, NTIA's SBI collection of deployment data is scheduled 
to expire in 2014; given the critical role such data play in meeting 
the goals of Congress and the Commission, it is our responsibility to 
ensure that no gap exists in the collection of these data. We are, 
however, designing the transition such that it will likely include one 
overlapping collection: We anticipate that our first collection of 
deployment data on Form 477 will take place in September 2014, for data 
as of June 30, 2014. An overlapping collection helps us ensure that our 
own collection systems are functioning properly by allowing us to 
cross-check our results against NTIA's. More than one overlap would 
provide us greater assurance, but would also increase the burden on 
filers, which we are striving to minimize. In any event, the Commission 
is likely to rely heavily on SBI data collected in the overlap 
collection, as the SBI collection is more settled and providers may 
still be adjusting to the revisions to Form 477.
    26. We disagree with commenters who argue that the BDIA, which 
revised section 706, specifies that the collection of broadband 
deployment data needed to meet the requirements of section 706 should 
be accomplished through periodic surveys and reliance on Census Bureau 
data. While the BDIA makes mention of these tools, section 706 does not 
identify these tools as the sole source of data for meeting our 
statutory responsibilities. Nor does section 706 preclude the 
Commission from seeking broadband data from service providers. 
Furthermore, whereas the section 706(a) inquiry involves broadband 
deployment and availability, the consumer survey is focused on ``the 
national characteristics of the use of broadband service capability,'' 
and the Census data focus exclusively on subscribership. Thus the 
consumer survey and Census Bureau data alone are insufficient to 
complete the section 706(a) inquiry. Finally, the deployment data that 
will be reported on Form 477 are not used by the Commission solely to 
fulfill its duties under section 706. As explained above, we use these 
data to meet other statutory obligations as well. We have evaluated 
existing data sources, and we believe that the changes to the Form 477 
data collection that we adopt today represent the least burdensome 
means of obtaining the data the Commission needs to fulfill its 
statutory duties.
    27. We also disagree with commenters who assert that data already 
collected on Form 477, in conjunction with data available from Mosaik 
and other sources, including providers' Web sites, are sufficient to 
inform the Commission

[[Page 49130]]

about the expansion of broadband networks. While we do use commercial 
data routinely, we do not agree, in this case, that reliance on third-
party deployment data will meet our needs. Among the problems the 
Commission faces in using commercial data are restrictions on reuse and 
publication of the data on which the Commission would rely. In 
addition, the Commission found in the 2012 Eighth Broadband Progress 
Report that while Mosaik data provide a useful tool for measuring 
developments in mobile broadband deployment, they may overstate the 
extent of mobile broadband coverage. Furthermore, because Mosaik 
reports advertised coverage as reported to it by mobile wireless 
providers, each of which may use a different standard for determining 
coverage, the Mosaik data are not consistent across geographic areas 
and service providers. Finally, tracking down deployment information on 
providers' Web sites would not provide consistent data for analysis, 
would be time consuming, and might not be comprehensive. The 
information on providers' Web sites is not certified and is generally 
not available in a format consistent enough to provide the level of 
geographic granularity the Commission requires.
    28. We find that it is necessary for the Commission to collect 
nationally standardized deployment data from all providers of broadband 
and mobile voice services to meet our obligations to assess the state 
of broadband availability, update our universal service policies and 
monitor whether our statutory universal service goals are being 
achieved, and meet our public safety obligations. Satellite broadband 
providers urge the Commission to exempt them from any required 
reporting of deployment information on Form 477, arguing that it would 
be redundant because the extent of a satellite broadband provider's 
coverage area is already a matter of record as part of a satellite 
application or letter of intent. Although the Commission requires space 
station applicants to provide predicted antenna gain contour(s) for 
each satellite transmit and receive beam, the antenna gain contour is 
part of the general description of the satellite's capabilities and is 
not the same as deployment information. Without a comprehensive, 
uniform dataset with which to evaluate the state of broadband 
deployment by all providers, the Commission's analyses will be 
incomplete. This is particularly important given the difference in 
speed and capacity offered by different generations of satellites and 
their different service areas. Accordingly, we will require satellite 
broadband providers, in addition to all providers of broadband and 
mobile voice services, to submit deployment data on Form 477. For 
purposes of Form 477, satellite voice and broadband providers are 
treated as fixed voice and broadband providers.
    29. We continue our current practice of requiring all providers to 
submit relevant data. While we recognize that submitting any 
information imposes burdens, which may be most keenly felt by small 
providers, we conclude that the benefits of having comprehensive data 
substantially outweigh the burdens. One of the primary objectives of 
Form 477 is to inform the Commission's efforts to encourage broadband 
deployment on a reasonable and timely basis to all Americans. We would 
miss important data relevant to this objective if we were to exempt 
small providers, which are likely to serve rural or insular areas of 
the United States, where barriers to deployment are typically the 
highest. Additionally, obtaining this information from small and rural 
providers helps ensure that Connect America Fund support is indeed 
increasing broadband deployment and will help the Commission keep its 
universal service policies appropriately tailored over time. At the 
same time, we are cognizant of the burdens of data collections. We 
therefore have taken steps to minimize burdens, including by making our 
deployment collection consistent, to a large extent, with NTIA's SBI 
data collection. For all of these reasons, we conclude that the 
benefits of collecting deployment data outweigh the burdens on small 
providers that may be associated with collection of these data.
    30. State Expertise in Broadband Deployment Collection. As 
described above, our collection of broadband deployment data will be 
similar--although not identical--to NTIA's current SBI program 
collection of broadband deployment data. The filing mechanisms for the 
two collections, however, will differ significantly. Notably, in NTIA's 
SBI data collection, providers file their data with state entities, 
rather than directly with the federal government.
    31. While we believe that filing deployment data with a single 
agency, rather than with as many as 56 separate entities, should make 
the mechanics of submitting deployment data less burdensome for filers, 
we also recognize that as a result of the SBI collection, the states 
have gained valuable experience with the collection of broadband 
deployment data. Indeed, many states have created new offices or 
agencies focused on broadband deployment issues, or tasked existing 
offices with such duties, and they potentially continue to play an 
important role in broadband issues. We encourage providers to continue 
to work with states on broadband issues. In addition, while the states 
will no longer participate directly in the collection and collation of 
broadband deployment data, there may be another role the states might 
play, such that the Commission, other government agencies, industry, 
and consumers continue to benefit from their expertise. We therefore 
direct the Wireline Competition Bureau to explore ways in which we 
might use the states' expertise to strengthen our own collection of 
broadband deployment data.
a. Fixed Broadband
    32. We require each facilities-based provider of fixed broadband 
service to provide a list of all census blocks in which it makes 
broadband service available to end users. As noted above, for purposes 
of Form 477, satellite broadband service providers are considered to be 
providers of fixed broadband service. Facilities-based providers of 
fixed broadband service will also be required to report the maximum 
speed offered in each census block where they offer service, breaking 
out reporting for residential and nonresidential services where 
appropriate, and by technology. We delegate authority to the Wireline 
Competition Bureau to determine whether the categorization of fixed-
location technologies in the current Form 477 is adequate for 
collecting deployment information and to specify different categories 
if necessary.
    33. Geographic Area. Based on the record, we conclude that we 
should continue the SBI's practice of collecting fixed broadband 
deployment data by census block, but discontinue disparate treatment of 
census blocks larger than two square miles. Several commenters agree 
that deployment data should be collected at this geographic level. We 
disagree with commenters who assert that reporting by census block is 
too burdensome. We find that reporting by census block will not be 
unduly burdensome for the majority of fixed broadband service 
providers, as many of these providers already voluntarily report 
deployment data by census block to NTIA's SBI program. Fixed broadband 
providers have, since June 2010, submitted the characteristics of their 
broadband deployment by census block to state mapping designees.

[[Page 49131]]

    34. We recognize that the Commission currently collects fixed 
broadband subscription data by census tract, whereas we will collect 
fixed broadband deployment data by census block. Some commenters assert 
that the Commission should collect both deployment and subscription 
data at the same geographic area level. While we recognize that there 
may be benefits to collecting deployment and subscription data at the 
same geographic level, we find that continuing with the SBI 
collection's level of granularity for deployment data offers us 
opportunities for analysis at roughly the same or lesser burden to 
filers that they experience now. Therefore, we find that, on balance, 
the benefits of retaining the census block collection for deployment 
data, even while subscription data are collected at a more aggregated 
level, outweigh the burdens and the disadvantages of an asymmetrical 
collection.
    35. At this time, we decline to gather fixed broadband deployment 
data at a level more granular than the census block because the added 
complexity and burden are unlikely at this time to provide a 
significant insight into how many residences and businesses lack access 
to service. Although some commenters advocate for address-level 
reporting, many providers do not maintain broadband network deployment 
data on an address-by-address basis. Also, rural areas where networks 
are deployed may not have ``street'' addresses assigned. We are not 
persuaded that the benefits of requiring address-level data would 
outweigh the overall increase in the filing burden. We acknowledge that 
NTIA's SBI program collects address- and/or street-segment data for 
fixed broadband service in particular census blocks--those larger than 
two square miles. Not only do we not expand this requirement to other 
census blocks, but we remove it for large blocks as well, thus reducing 
the burden on filers that serve large blocks. While there are 
approximately 6.2 million populated census blocks, there are 
approximately 118.1 million households, approximately 133.3 million 
housing units, and millions of business locations in the United States. 
Thus, moving from census block to address-level reporting could lead to 
a significantly higher burden. In addition, while there is a definitive 
source for the location and size of census blocks (the U.S. Census 
Bureau), there is no similar source for the location of all homes, 
making it substantially harder to map provider submissions and relate 
those to end-user locations. Some commenters point out that accuracy 
may actually decrease when granularity increases to the address level 
because all service providers do not necessarily record addresses in a 
standardized, uniform manner. We conclude that requiring providers to 
report fixed broadband deployment data by census block appropriately 
balances the burdens of reporting this information to the Commission 
with the level of granularity required to carry out our statutory 
duties.
    36. Speed data. Instead of defining speed tiers for the reporting 
of fixed broadband deployment data, as the SBI collection does, we will 
require filers to provide the maximum advertised speed for each 
technology used to offer service in each census block. For consistency 
in our collection, we adopt the same approach for subscription data, 
which will also reduce filing burdens by avoiding the need to 
categorize the same service offering differently for deployment and 
subscription collections.
    37. Relevant speeds and broadband technologies evolve over time. As 
a result, the Commission has found it necessary in the past to revise 
the speed tiers it uses to collect data. Speed tiers may be revised for 
a variety of reasons, including reflecting modern service offerings for 
purposes of assessing broadband availability in the Commission's 
broadband progress reports and reflecting Connect America policies and 
requirements. But when broadband providers assign their services a 
specific speed tier, any changes to those tiers are significantly 
delayed until the providers report, and the Commission publishes, data 
sorted into the revised tiers. In addition, changes to the speed tiers 
limit the Commission's (and others') ability to analyze data over time 
by potentially removing tiers that had been used previously. We believe 
that requiring the submission of maximum advertised speed per census 
block, rather than requiring filers to organize their deployment data 
into speed tiers before submitting it, will increase the usefulness of 
the data by allowing the Commission to define speed tiers as needed for 
its purposes, without requiring modifications to the form itself. It 
will also allow the Commission and others to analyze speeds over time 
without regard to the categories of speed into which providers reported 
in past years. Finally, we believe that not requiring providers to 
categorize their offerings into our tiers will reduce their reporting 
burden.
    38. For fixed broadband deployment data, we also tailor our 
treatment of speed reporting to reflect how services are offered to 
residential and nonresidential consumers. For residential broadband 
deployment, as with the SBI collection, Form 477 will collect the 
fastest advertised speed providers offer potential subscribers in each 
census block covered by their deployment. For nonresidential broadband 
deployment, the form will collect the maximum contractual committed 
information rate offered on nonresidential Internet access services. 
Form 477 will require filers to distinguish between residential and 
nonresidential deployment where appropriate. Accordingly, to the extent 
that a provider does not make the distinction in its filing between 
residential and nonresidential deployment, it will not distinguish 
between advertised and contractually committed speeds.
    39. Advertised vs. Actual Speeds. The Commission currently collects 
data on advertised speeds. The Commission sought comment on whether it 
should continue to collect data only on advertised speeds, or whether, 
for example, providers should provide information about actual speeds 
by geographic area, or speeds that extend beyond the access network 
(for example, end-to-end speeds that reflect an end user's typical 
Internet performance). We conclude that it is not appropriate or 
feasible to collect actual speed information from broadband providers 
via Form 477. Many commenters expressed concern because there is no way 
for providers to report actual speed information in a meaningful way. 
Commenters explain that the collection of these data is a highly 
complex, time consuming, and expensive undertaking that requires the 
use of specialized equipment in the providers' networks and at their 
customers' premises. As the Commission found in 2008, ``the record of 
this proceeding does not identify a methodology or practice that could 
be applied, consistently and by all types of broadband filers, to 
measure the information transfer rates actually observed by end 
users.'' We continue to believe that conclusion is correct.
    40. The Commission has undertaken a program to measure actual 
speeds directly for a sample of end users of fixed broadband, and is 
considering a similar program for mobile broadband. These initiatives 
are more cost effective than using the Form 477 data collection for 
this information, and have produced speed information useful to 
policymakers, consumers, and other stakeholders. In August 2011, the 
Commission released a report on actual broadband speeds, based on data 
submitted by broadband providers and

[[Page 49132]]

end-user volunteers. The report established for the first time that the 
majority of residential wireline broadband consumers are receiving 
performance close to the level advertised by their providers. It also 
identified providers that fell short of advertised speeds. On July 19, 
2012, the Commission's Office of Engineering and Technology and 
Consumer and Governmental Affairs Bureau released the Second Measuring 
Broadband America Report. The Second Measuring Broadband America Report 
found ``striking across-the-board improvements on key metrics 
underlying user performance.'' In particular, the Second Measuring 
Broadband America Report found that Internet service provider (ISP) 
promises of performance are more accurate, providers are more 
consistent in their ability to deliver advertised speeds, and consumers 
are subscribing to faster speed tiers and receiving faster speeds. 
Further, the Commission is considering questions concerning the types 
of metrics for speed or other performance characteristics that could 
prove useful to consumers. We expect to continue our efforts to improve 
the availability of information describing broadband performance in the 
United States.
    41. As an alternative to requiring the reporting of actual speeds, 
the Commission sought comment in the NPRM on whether it should collect 
data on contention ratios (the ratio of the potential maximum demand to 
the actual bandwidth available) or some other measure of network 
congestion. In response, Free Press asserts that contention ratios are 
a useful proxy for actual speeds because they reflect the degree to 
which customers share capacity, and thus the level of oversubscription 
on a local network. However, several commenters dispute the usefulness 
of contention ratios, asserting that a contention ratio ``would mean 
nothing to the typical consumer and little, if anything, to most 
policymakers,'' and that given the many variables that would go into 
determining a contention ratio, ``the resulting data are unlikely to be 
of any practical use or relevance.'' These commenters assert that a 
requirement to report contention ratios would be complex and 
burdensome, as there is no single ``contention ratio'' applicable to a 
given subscriber or network because broadband traffic traverses 
numerous segments in a network, each of which has a different 
contention ratio. Although we believe that understanding network 
capacity and congestion concerns is useful, we agree that it would be 
impractical to collect such data through Form 477. We agree with those 
commenters who argue that the burden of calculating contention ratios 
would, at this time, outweigh any useful benefits that the Commission 
might glean from such information. We thus decline to require providers 
to report contention ratios.
b. Mobile Broadband
    42. As with fixed broadband, we continue NTIA's SBI collection of 
mobile broadband coverage areas, with certain modifications to reduce 
burdens while improving the data to fulfill our statutory purposes and 
policy goals. These modifications include additional technology codes, 
separation of coverage areas by unique combinations of technology, 
spectrum and speed, and minimum, rather than maximum, advertised speed. 
Specifically, for each mobile broadband network technology (e.g., EV-
DO, WCDMA, HSPA+, LTE, WiMAX) deployed in each frequency band (e.g., 
700 MHz, Cellular, AWS, PCS, BRS/EBS), facilities-based mobile 
broadband providers should submit polygons representing the nationwide 
coverage area (including U.S. territories) of that technology. The data 
associated with the coverage area should depict the coverage boundaries 
where, according to providers, users should expect the minimum 
advertised upload and download data speeds associated with that network 
technology in that frequency band. If a provider advertises different 
minimum upload and download speeds in different areas of the country 
using the same technology and frequency band (e.g., HSPA+ on AWS 
spectrum), the provider should submit separate polygons showing the 
coverage area for each speed. If a provider does not advertise the 
minimum upload and/or download speeds, the provider must indicate the 
minimum upload/download data speeds that users should expect to receive 
for the deployed technology in the given frequency band.
    43. Collecting these deployment data on mobile broadband network 
technologies, in conjunction with data on spectrum and minimum 
advertised speeds, will improve the data needed to fulfill our 
statutory purposes and policy goals. As with fixed broadband deployment 
data, we direct filers to report data on advertised speeds and reduce 
the burden of associating these speeds with predetermined speed tiers. 
To reduce burdens, we also allow mobile broadband providers to submit 
coverage maps on a nationwide rather than state-by-state basis. To 
reflect changes in both Geographical Information Systems (GIS) and 
mobile technologies and spectrum bands used over time, the Wireline 
Competition Bureau, in consultation with the Wireless 
Telecommunications Bureau, will update coverage resolution, network or 
transmission technologies and spectrum bands used on Form 477 as 
necessary.
    44. Currently, the Form 477 collection requires facilities-based 
mobile wireless broadband service to submit data indicating census 
tracts in which ``service is advertised and available to actual and 
potential subscribers,'' and such service offerings must be grouped 
into predetermined speed tiers. We retain this collection while taking 
measures to reduce the burden by eliminating the requirement that 
providers group their offerings into speed tiers. These data remain 
necessary to determine accurately mobile broadband service availability 
in cases where a provider's mobile network deployment footprint differs 
from its facilities-based service footprint, that is, where service is 
advertised and available to actual and potential subscribers. 
Deployment and availability are often the same for providers but, in 
some instances, they are not. The combination of data on network 
deployment, service availability, and subscription will assist the 
Commission in a number of analyses, including those in the Broadband 
Progress Reports and Mobile Wireless Competition Reports, the state of 
competition in the mobile wireless industry, and review of mergers and 
spectrum transactions.
    45. The mobile broadband deployment data, in conjunction with 
similar data on mobile voice deployment, will enable the Commission to 
analyze the extent of deployment in different spectrum bands, and 
technologies. These data will enable us to analyze deployment in 
different spectrum bands, and to structure our spectrum, 
infrastructure, and competition polices effectively and efficiently in 
a rapidly evolving mobile marketplace. The National Broadband Plan 
states that mobile broadband is poised to become a key platform for 
innovation in the United States over the next decade. For mobile 
service deployment, spectrum is an essential input as the transmission 
pipe. Understanding how spectrum bands and technologies have actually 
been deployed in different areas will greatly facilitate the 
formulation of sound and informed spectrum policies, including how best 
to make additional spectrum available for licensed, unlicensed and 
opportunistic uses. The mobile

[[Page 49133]]

broadband deployment data, indicating speed, technology, and spectrum 
band used, will enable us to better assess the wireless marketplace to 
ensure that our spectrum and competition policies accommodate growing 
demand and evolving technologies in the provision of mobile broadband 
services.
    46. Today, NTIA's SBI collection includes information on speed and 
spectrum used for the provision of wireless broadband services. 
Spectrum information, however, is not clearly linked to coverage 
boundaries. Defining the standard for reporting network coverage 
boundaries that reflect the broadband speeds of a deployed technology 
in a given frequency band will ensure that we have consistent and 
comparable deployment data by various providers. Collecting spectrum 
information in this manner also will give us better information on the 
actual use of spectrum bands, enabling informed spectrum management 
policies.
    47. Certain commenters argue that other sources of data on spectrum 
use are already available to the Commission and that the collection of 
spectrum data through Form 477 is unnecessary. However, the sources 
cited by commenters, including the Spectrum Dashboard and license 
build-out notifications, are insufficient for analyzing deployment by 
technology and by band. The Spectrum Dashboard provides information on 
spectrum holdings but not the extent to which providers are using their 
spectrum to deploy networks and offer services. The licensee build-out 
notifications do not indicate the type of service or technology 
deployed, are filed infrequently, and in some cases, are not a 
reflection of networks that are being used to offer service. Sprint 
suggests that the Commission could ask providers to respond on an ad 
hoc basis to inquiries about their spectrum use in particular areas. 
However, this method would not provide us with the complete set of data 
necessary to perform the comprehensive analyses described above.
    48. We find that burdens on mobile wireless providers associated 
with providing digital representations of and geospatial data on their 
network coverage areas are not significant, and are outweighed by the 
public interest benefits associated with our collection. The geospatial 
data we are collecting on spectrum and technology are used by mobile 
service providers for radio frequency (RF) network design and are an 
integral part of every mobile service provider's ordinary course of 
business. Accordingly, mobile deployment data by spectrum bands and 
network technology should be readily available to mobile service 
providers given that any mobile network deployment plan would include 
both the spectrum and the network technology to be used for such 
deployment.
    49. In addition, many providers develop and maintain such data in 
order to publish maps of their coverage areas on their Web sites and in 
other promotional materials, and certain operators have provided 
network coverage boundaries to Mosaik. Certain providers also have 
submitted coverage area boundaries to the Commission as part of 
wireless transaction proceedings, and many providers have submitted 
coverage area boundaries in the SBI data collection. There are multiple 
GIS (Geographical Information Systems) platforms capable of creating 
and managing geospatial data on mobile network coverage areas, and 
there are many GIS specialists and engineering consultants in the 
United States who are able to provide expertise and develop such data 
for providers that do not have internal GIS resources.
    50. In the NPRM, the Commission sought comment on how any reporting 
should account for the variability of signal strength and capacity in a 
network that includes mobile users. The record indicates that measuring 
signal strength is a complex and time-consuming endeavor due in 
significant part to the extreme variability in the propagation and 
reception of wireless signals. The strength of the signal received by 
any given subscriber can be affected by a broad range of factors, 
including topography, foliage, weather, type of structure for in-
building reception, the number and behavior of other subscribers 
connected to the same cell site, and whether and how fast the 
subscriber is moving through the cell site's coverage area. As a 
result, mobile signal strength, speed, and capacity measurements can 
change from minute to minute or between locations. While the data would 
be valuable, we are not convinced that there is a practical, reliable 
way at this time to assess signal strength and capacity through a 
standardized data collection. We therefore decline to revise Form 477 
to require providers to account for these variables.
2. Collection of Voice Deployment Data
a. Fixed Voice
    51. In the NPRM, the Commission sought comment on whether the 
collection of fixed voice network deployment data is warranted. The 
national telephone subscription rate has remained high over the last 
decade, indicating expansive (indeed, nearly ubiquitous) availability 
of service. The Wireline Competition Bureau recently collected data on 
the areas served by incumbent local exchange carriers through the Study 
Area Boundary Data Collection, and these boundaries typically show the 
area that an incumbent LEC is obligated to serve with fixed voice 
service. For other fixed providers, we will be able to infer voice 
availability from their fixed broadband deployment data, as many 
providers offer both voice and broadband over the same network. 
Collecting additional fixed voice network deployment data on Form 477 
would be largely redundant and would impose an additional burden on 
voice providers. Therefore, we will not require providers of fixed 
voice services to report deployment data on Form 477.
b. Mobile Voice
    52. We will require facilities-based mobile wireless voice 
providers to submit geospatial data of their coverage area boundaries. 
Unlike fixed voice availability, which, as we explain above, is 
relatively stable, the combination of footprint, technology, and 
spectrum for mobile voice services is changing more rapidly. Collecting 
mobile voice deployment data therefore provides significant public 
interest benefits that outweigh the burdens associated with the 
collection. In any event, we find that requiring mobile wireless 
providers to submit their coverage area boundaries will not add a 
significant burden.
    53. Providers should submit polygons representing geographic 
coverage nationwide (including U.S. territories) by transmission 
technology (e.g., GSM, CDMA, HSPA, VoLTE) and by frequency band (e.g., 
700 MHz, Cellular, PCS, AWS). For example, if a provider offers both 
GSM and CDMA voice services in both the Cellular band and the PCS band, 
then this would result in four different polygons: (1) GSM in the 
Cellular band; (2) CDMA in the Cellular band; (3) GSM in the PCS band; 
and (4) CDMA in the PCS band. The polygons should represent voice 
coverage boundaries where providers expect users to be able to make, 
maintain, and receive voice calls. To reflect changes in both GIS and 
mobile technologies, and spectrum bands used over time, the Wireline 
Competition Bureau, in consultation with the Wireless 
Telecommunications Bureau, will update coverage resolution, network or 
transmission technologies, and spectrum bands used on Form 477.
    54. As discussed above, the Spectrum Dashboard and license build-
out

[[Page 49134]]

notifications are insufficient for analyzing deployment. The Spectrum 
Dashboard or the licensee build-out notifications do not indicate the 
type of service or technology deployed, are filed infrequently, and in 
some cases, are not a reflection of networks that are being used to 
offer service. The Commission currently licenses a dataset from a 
commercial source, Mosaik, for data on mobile voice network deployment. 
Mosaik provides coverage boundary maps for every facilities-based 
mobile wireless provider and each mobile network technology a provider 
has deployed, including those networks used to provide mobile voice 
service. However, Mosaik reports advertised coverage as reported to it 
by many mobile wireless operators, each of which may use a different 
definition of or standard for determining coverage. Therefore, the data 
are not consistent across geographic areas and service providers. In 
addition, the Mosaik data do not capture any information about the 
spectrum bands that operators use for mobile network deployment. Hence, 
we conclude that the Mosaik data are not sufficient for monitoring 
mobile voice network deployment and the mobile voice technology 
transition at this time, and that it is now necessary to collect mobile 
voice deployment data through Form 477.
    55. Accordingly, we will require providers of mobile wireless voice 
service to end users to submit digital representations, with the 
associated data discussed above, depicting their mobile voice network 
coverage areas. These data, in conjunction with similar data on mobile 
broadband deployment discussed above, will enable the Commission to 
analyze the extent of deployment in different spectrum bands. It also 
will help the Commission project market trends and adjust its spectrum 
and competition policies. We also find that collection of mobile voice 
deployment data will assist in the Commission's efforts in the areas of 
emergency response and disaster relief by identifying the providers 
that typically serve an affected area.

B. Subscription Data

    56. Subscription information enables the Commission to fulfill its 
statutory and regulatory duties. For the past thirteen years, the 
collection of subscription data via Form 477 has served as the 
Commission's principal tool for monitoring telephone and broadband 
subscriptions and competition. Form 477 subscription data also enable 
the Commission to evaluate barriers to adoption, administer and reform 
the universal service program, monitor the PSTN-to-IP conversion by 
providing insight into how many customers rely on each type of network 
technology in each area, and better assess which services are purchased 
independently or in combination with other services. These data also 
support the Commission's efforts to ensure public safety by providing a 
measure of what networks and providers customers rely on in each area.
    57. Commenters generally support the continued collection of 
subscription information for voice and broadband services. Indeed, many 
commenters acknowledge the importance of collecting subscribership data 
because, for example, ``it provides valuable insight for both 
competition monitoring and public safety purposes, especially because 
it indicates the degree to which subscribers are reliant upon 
particular networks for services and E-911 delivery.'' Because 
subscription data are necessary to allow the Commission to fulfill its 
statutory purposes, we continue to collect broadband and voice 
subscription data. For the reasons set forth below, we revise the 
subscription data speeds to better reflect current market offerings and 
improve the Commission's ability to assess broadband deployment and 
adoption. We also will now collect fixed voice and interconnected VoIP 
subscription data by census tract.
    58. We eliminate questions and requirements on the current Form 477 
that require certain broadband providers to report information about 
the availability of broadband service, as opposed to information about 
actual subscribership to broadband service. These questions are no 
longer necessary in light of the new Form 477 collection of broadband 
deployment data, discussed above. Specifically, we will eliminate Part 
I.B of the current form, which requires, by state: (1) Each incumbent 
LEC with any DSL connections in service to report its best estimate of 
the percentage of residential end user premises in its service area to 
which its DSL connections could be provided using installed 
distribution facilities, (2) each cable system with any cable modem 
connections in service to report its best estimate of the percentage of 
residential end user premises in its service area to which its cable 
modem connections could be provided using installed distribution 
facilities, and (3) each network operator serving any terrestrial 
mobile wireless broadband subscribers to report the total number of 
subscribers (i.e., including broadband, broadband plus voice, and 
voice-only subscribers) whose mobile device is capable of sending or 
receiving data at information transfer rates exceeding 200 kbps in at 
least one direction. In addition, we eliminate the requirement that 
fixed broadband providers submit data for every census tract within 
their ``defined service territory'' regardless of the number of 
subscribers in the tract. By eliminating these questions, we protect 
against duplication in our collection and reduce the burden on filers 
by narrowly tailoring our collection of data to those most useful to 
the Commission.
    59. In addition, we eliminate the requirement that broadband 
providers submit state-level data on the percentage of their 
connections that are billed to end users and the percentage that are 
equipped over their own facilities. The Commission typically does not 
rely on these metrics at this level for competitive analysis, nor has 
it reported them in its semiannual Internet Access Services reports. 
Eliminating them would greatly simplify the revised Form 477 and its 
data collection interface, and would reduce burden for filers.
    60. We also modify our current data collection in several ways to 
eliminate unnecessary information and produce data better suited to 
competitive analysis. We remove the requirement that providers of local 
exchange telephone service report the number of lines provided to 
unaffiliated communications carriers as UNE-Platform (UNE-P). We also 
eliminate reporting of the percentage of end-user lines provided over 
UNE-P. In addition, providers of interconnected VoIP service will no 
longer be required to report the number of companies purchasing their 
VoIP components or service for resale. The Commission typically does 
not rely on this metric at this level for competitive analysis. We also 
simplify the categories of information interconnected VoIP providers 
must provide. Currently, the Form requires filers to report the 
percentage of VoIP subscriptions with nomadic functionality. We find 
the burdens of this reporting distinction do not outweigh the benefits 
and so eliminate the nomadic category. Finally, we will require local 
exchange telephone service providers to report, by state, how many of 
their access lines are bundled with broadband. This information about 
bundling can be evidence of consumers' willingness to switch voice 
service providers, and hence improves our competitive analysis.

[[Page 49135]]

1. Speed Data
    61. The NPRM sought comment on whether the Commission should reduce 
the number of speed tiers that broadband providers report, and whether 
to adopt the same speed tiers for subscription and deployment. We 
currently collect subscribership data for eight tiers of advertised 
download speeds and nine tiers of advertised upload speeds, leading to 
72 possible combinations.
    62. In order to conform our collection of broadband subscription 
data to the approach we take for broadband deployment data, we 
eliminate the use of speed tiers for broadband subscription data. 
Providers will no longer organize broadband subscription data into 
predetermined tiers. Instead, filers will be required to provide the 
number of broadband connections by the advertised speeds associated 
with each product subscribed to in the relevant geographic area. Fixed 
providers will report connections by the maximum advertised upload and 
download speeds in each census tract, while mobile providers will 
report connections by minimum advertised upload and download speeds in 
each state. These changes to how we collect speed data will permit the 
Commission to conduct a consistent analysis of subscription and 
deployment data and, because they will no longer be required to 
categorize the number of connections into our speed tiers, will reduce 
burdens on filers. Despite some commenter assertions to the contrary, 
we conclude that on balance, there are advantages to having a 
consistent collection of deployment and subscription speed data. For 
example, a consistent collection will make the Commission's analysis of 
broadband availability simpler and more reliable. Moreover, over the 
long term, unifying the collection of speed data for deployment and 
subscription will minimize providers' burdens.
    63. For the reasons stated above in the section addressing 
deployment data, we find that it is not appropriate or feasible to 
collect actual speed information from broadband providers via Form 477 
at this time. Accordingly, providers will report subscription speed 
tier information based on advertised speed.
2. Geographic Area
a. Fixed Voice and Interconnected VoIP
    64. Form 477 currently collects fixed voice and interconnected VoIP 
subscription data at the state level and requires providers of these 
services to submit a list, by state, of the five-digit ZIP codes in 
which they provide service to end-user customers. As noted above, for 
purposes of Form 477, satellite providers of voice services are 
considered fixed voice service providers. For the reasons set forth 
below, we will now collect the number of total and residential fixed 
voice and interconnected VoIP subscriptions by census tract, much like 
we currently do for fixed broadband subscription data. We will no 
longer require providers of these services to submit the list of ZIP 
codes in which they provide service to end-user customers.
    65. Collecting fixed voice and interconnected VoIP subscription 
data by census tract will improve the Commission's ability to measure 
and conduct analyses of retail voice competition. We currently collect 
fixed broadband subscription data by census tract, and consumers often 
purchase fixed broadband and voice services together. Collecting fixed 
voice and interconnected VoIP subscription data at the same geographic 
level as fixed broadband data will allow us to calculate retail market 
shares for voice services by census tract in most census tracts, and 
will give us a better understanding of competition in the remainder. 
The state-level fixed voice and interconnected VoIP subscription data 
currently collected on 477 are insufficiently granular to provide 
insight into competition, and, for example, does not enable calculation 
of retail market shares--even at the state level because providers' 
footprints do not cover entire states.
    66. Collecting fixed voice and interconnected VoIP subscription 
data at a more granular geographic level will permit the Commission to 
analyze subscription patterns for particular populations that are 
identifiable at the census tract, such as consumers residing in rural 
areas. Collecting fixed voice and interconnected VoIP subscription data 
by census tract will also help the Commission analyze fixed voice 
adoption in rural, insular, and high-cost areas of the country with 
greater refinement than at the state level, in accordance with the 
Commission's universal service policies to ensure that ``[c]onsumers in 
all regions of the Nation, including low-income consumers and those in 
rural, insular, and high cost areas, . . . have access to 
telecommunications and information services . . . that are reasonably 
comparable to those services provided in urban areas.'' Further, 
collecting data for these services by census tract will provide more 
insight into incumbent local exchange carrier (ILEC) access line loss 
trends. ILECs frequently point to their overall line losses as 
justification for regulatory relief. We currently lack data showing the 
geographic distribution of these line losses, and whether customers 
leaving ILECs are going to cable or cutting the cord.
    67. We recognize that some fixed voice and interconnected VoIP 
service providers may not be accustomed to reporting subscription data 
by census tract and may not currently have the internal capability to 
associate subscriber addresses with census tracts. However, providers 
that offer both fixed broadband and fixed voice services already report 
fixed broadband subscription data to the Commission by census tract, 
and those who also participate in NTIA's SBI program also report fixed 
broadband deployment data by census block. Accordingly, many fixed 
voice and interconnected VoIP service providers already have experience 
using census data. The burden associated with requiring these providers 
to file fixed voice and interconnected VoIP subscription data by census 
tract will likely be small because such providers will be able to 
leverage existing processes for voice subscriptions. To the extent that 
filers do not have prior experience using census data, we believe that 
collecting subscription data for fixed voice and interconnected VoIP by 
census tract will improve the quality of the data we receive to such a 
degree that the benefits outweigh any additional burden on providers. 
As the Commission has explained, census tracts ``are more stable and 
static'' than ZIP codes, ``correspond more consistently to actual 
locations, are less likely to reveal individual identifiable 
information about consumers, and can be correlated with valuable 
demographic data (including race, income, and education).''
    68. Some commenters assert that the Commission should collect both 
subscription and deployment data at the same geographic area level. 
Although we recognize that there may be benefits to collecting 
deployment and subscription data at the same geographic level, we 
decline to collect subscription data at a level more granular than the 
census tract at this time. As we have discussed, collecting fixed 
voice, interconnected VoIP, and broadband subscription data by census 
tract provides substantial benefits without unduly burdening filing 
entities. At the same time, we believe that more granular subscription 
data would be preferable, if the burden on filers were not 
significantly increased. If there were no or minimal additional burden 
to file by census block than by census tract, we would favor collecting 
subscription and

[[Page 49136]]

deployment data at the same geographic level.

C. Further Ways To Reduce Form 477 Filing Burdens

    69. We are committed to improving the data that the Commission 
collects even as we continue to explore ways to make the Form 477 
filing less burdensome. We therefore direct the Wireline Competition 
Bureau, in consultation with the Wireless Telecommunications Bureau, to 
explore technical improvements to the Form 477 filing mechanism that 
may make the process easier for filers. The Bureaus should explore, for 
example, whether a client-side software application that would automate 
for providers some of the potentially burdensome tasks of sorting, 
formatting, and geocoding their data might reduce the burden of filing 
Form 477. The Bureaus should test any client-side software application 
with different filers representing different segments of the industry 
and obtain their feedback. If, through this process, the Bureaus 
identify a way to make the filing process less burdensome, we direct 
the Bureaus to make such software application available to assist 
filers in complying with the obligations set forth in this Order.
    70. In addition to making current filing obligations less 
burdensome, technical improvements to the filing mechanism may also 
make it possible to collect more granular data without a significant 
increase in burden to filers. For example, a software solution may 
reduce the filing burden sufficiently to justify collecting more 
granular subscription data. If the development and testing process 
described above proves this to be the case, we may consider moving 
voice and broadband subscription data, for fixed and possibly mobile 
services, to the census block. Even if the Commission chooses not to 
collect mobile subscription data by census block, any technical 
improvements developed to collect fixed subscribership data by census 
block may be useful in collecting mobile subscribership at another sub-
state geography (such as counties) with minimal burden. Technical 
improvements to the Form 477 filing process may also enable the 
Commission, in the future, to consider collecting additional data.

D. Company Identification and Contact Information

    71. We require entities filing Form 477 to provide additional 
company identification and contact information. In addition to the 
current Form 477 requirements, we will require filers to report the 
company's Universal Service Administrative Company (USAC) study area 
codes, USAC 499 identification numbers, and Web site address. We will 
also require that filers report the title of their certifying official 
and the name, phone number, and email address of their emergency 
operations contact. This information will assist the Commission in 
fulfilling its universal service mandate, evaluating merger, 
forbearance, and other applications, and protecting public safety.
    72. We require additional company identification information for 
several reasons. The Commission currently allows Form 477 filers to 
consolidate data for multiple operations within a state on a single 
submission, and filers are permitted to determine the organizational 
level at which they submit their filings. As noted in the NPRM, a 
parent or holding company may file on behalf of its subsidiaries or the 
subsidiaries may file their own Form 477. Accordingly, we will now 
require filers to report, in each 477 filing, the company's Universal 
Service Administrative Company (USAC) study area codes, USAC 499 
identification numbers, and Web site address. This information enables 
us to aggregate, compare, and analyze, by a common provider, the 
various data we collect through different forms and filing 
requirements.
    73. Some commenters assert that additional company identification 
information is not necessary and will not ``meaningfully enhance the 
Commission's general understanding of the broadband ecosystem, or its 
general understanding of the state of local competition.'' We disagree. 
Companies reporting data to the Commission via Form 477 often have 
multiple relationships with the Commission, and collection of these 
data would improve our understanding of the ownership and corporate 
affiliations of voice and broadband providers. In addition, knowledge 
of common ownership relationships among different operating companies 
in a region is essential to understanding competition, including 
conducting merger analyses, as well as ongoing vigilance against waste, 
fraud, and abuse of universal service funding. The current reporting 
requirements do not provide a sufficiently clear picture of the 
interrelationships that may exist among various providers and of the 
markets for which data are reported.
    74. We recognize that the Commission currently collects some 
company identification information in other contexts. Although these 
collections do not duplicate the information collection we adopt in 
this Order--they apply to small subsets of the universe of Form 477 
filers and do not request the same level of detail--we nonetheless take 
precautions to ensure that no entity is burdened with duplicative 
filings. Accordingly, we direct the Wireline Competition Bureau, in 
consultation with the Wireless Telecommunications Bureau, to identify 
any circumstances in which the collection of company identification 
information on Form 477 may duplicate another Commission collection, 
and to exempt filers from the latter in those instances.
    75. We will also require that filers report the name, phone number, 
and email address of their emergency operations contact. The 
information currently collected by Form 477 is not sufficient for use 
in promptly contacting providers' network operating centers during 
emergencies. Some commenters support the collection of additional 
emergency contact information. For example, Qwest states that this 
information should be collected, since ``[e]mergency contact 
information could be added to Form 477 without placing any material 
burden on the service providers.'' However, other commenters argue that 
Form 477 is not the appropriate vehicle for the Commission to collect 
this contact information.
    76. The Commission needs this emergency operations contact 
information to fulfill its statutory public safety mandates. The 
Commission must be able to directly contact individuals who can provide 
information on network status during natural disasters or other 
emergencies. As a mandatory, recurring filing by providers of telephone 
and broadband service, we find that Form 477 will be a particularly 
effective vehicle for collecting emergency contact data that are 
comprehensive and current, with a relatively small burden on filers. 
The Commission currently has no structured, recurring, mandatory 
collection of contact information in place specifically for use in 
emergencies affecting telephone and/or broadband networks. The 
Commission's Disaster Information Reporting System (DIRS) does collect 
contact information, but only on a voluntary basis for use during 
large-scale disasters. It is important for the Commission to have 
contact information from all providers that file Form 477, including 
those providers that do not choose to participate in DIRS, and that 
this information is updated consistently.
    77. Finally, filers of Form 477 will be required to report the 
name, title, and contact information of their certifying official. This 
essential information provides assurance and the ability to

[[Page 49137]]

confirm if needed that the certifying official has the authority to 
certify that the data submitted is accurate and truthful.

E. Disclosure of Data Collected on Form 477

    78. NTIA's SBI deployment data are available to the public and have 
proved to be a valuable resource to academic researchers and federal 
and state government agencies. While we make no changes to our current 
treatment of subscription data, we expect that increased public access 
to disaggregated subscription data could provide similar benefits. The 
Commission already makes provider-specific subscription data available 
to state commissions that are able to maintain their confidentiality 
and to other federal agencies upon request, pursuant to confidentiality 
conditions. We believe that greater access to the subscription data 
might be feasible, and beneficial, without compromising competitively 
sensitive information. Accordingly, we delegate authority to the 
Wireline Competition Bureau, in consultation with the Wireless 
Telecommunications Bureau, to explore ways to allow greater public 
access to Form 477 subscription data, and to increase access to such 
data if the Bureaus determine, after seeking public comment, that this 
can be accomplished in a manner that addresses concerns about the 
competitive sensitivity of the data and precludes public disclosure of 
any confidential information.
    79. Subscription Data. In the NPRM, the Commission sought comment 
on how best to provide stakeholders with useful data while protecting 
filers' legitimate confidentiality interests. Specifically, the 
Commission asked whether it should retain the simple check-box on Form 
477 that filers can use to request confidential treatment for data 
submitted on that form, or whether there are classes of information 
that should always be considered public. The first page of Form 477 
includes a check box that allows providers to request nondisclosure of 
all or portions of their submitted data without filing at this point in 
the process the detailed confidentiality justification required by 
section 0.459 of our rules. If the Commission receives a request for, 
or proposes disclosure of, the information contained in Form 477, the 
provider will be notified and required to make the full showing under 
section 0.459 of our rules. Based on the record before us, we retain 
our existing procedures with respect to subscription data. We thus will 
continue to allow filers to request confidential treatment of their 
reported subscription data by checking a box on Form 477. At the same 
time, we recognize that there may be benefits to increasing public 
access to Form 477 subscription data, and some commenters argue that 
the public should have access to this information. For now, we find 
that our current approach appropriately balances the filers' disclosure 
concerns with the public need for access to this information.
    80. While we do not expand public access to Form 477 subscription 
data at this time, we delegate authority to the Wireline Competition 
Bureau, in consultation with the Wireless Telecommunications Bureau, to 
explore ways to allow greater public access to Form 477 subscription 
data, and to increase public access to such data if this can be 
accomplished in a manner that addresses concerns about the competitive 
sensitivity of the data. In particular, in the NPRM, the Commission 
asked whether the Commission should allow researchers to review 
disaggregated Form 477 data, consistent with the recommendations of the 
National Broadband Plan. We direct the Bureaus to develop a plan to 
enable such access. The Bureaus should propose a definition of 
``researcher,'' identify reasonable terms and conditions of access, and 
define a standard to ensure that sensitive data are not revealed 
through disclosure by such researchers. The NPRM also sought comment on 
whether ``the passage of time diminish[es] the commercial sensitivity 
of certain types of data.'' We direct the Bureaus to develop a process 
or standard under which the Commission could make disaggregated Form 
477 subscription data available to the public after the passage of a 
certain period of time (three years, for example), and under what terms 
or conditions, if any, the data should be disclosed. For example, the 
Bureau should consider whether historical data should be available only 
pursuant to protective order, or whether other restrictions on use or 
publication would be appropriate. If the Bureaus identify ways to 
increase public access to subscription data while addressing concerns 
about the competitive sensitivity of the data, we direct the Bureaus to 
increase public access accordingly.
    81. Deployment Data. We are collecting deployment data for the 
first time and thus must make a determination regarding the 
confidential treatment of such data. Some commenters argue that this 
information should be available to the general public. Other commenters 
make general arguments that all data collected by Form 477 should be 
given confidential treatment. We believe that deployment data should be 
made public to at least the same extent as NTIA has been making them 
public via the National Broadband Map. Unlike subscription data, which 
may be sensitive vis-[agrave]-vis competitors and of relatively low 
value to the general public, deployment data are very useful to the 
public, particularly to potential customers that wish to understand and 
compare their service options. Indeed, many providers make such data 
available to the public on their Web sites.
    82. We find that dissemination of deployment data promotes a more 
informed, efficient market. By allowing public release of as much of 
the information as possible, associations, scholars, and others will be 
able to use the information in their independent analyses of Commission 
policies, thereby aiding the Commission in crafting regulations that 
address specific market problems and eliminating those regulations that 
have outlived their usefulness. Finally, making these data available to 
the public provides consumers, states, and experts the opportunity to 
review the data to ensure the accuracy of the information. However, we 
note that mobile deployment data will include certain specific spectrum 
and speed parameters that may be used by providers for internal network 
planning purposes. Filers may request confidential treatment of those 
specific elements of their deployment data on Form 477. We plan, 
however, to make the mobile coverage areas by technology and by an 
aggregated range of speeds available to the public.
    83. All other deployment data will be treated as public data. While 
filers are not precluded from seeking confidential treatment pursuant 
to the Commission's rules for the deployment data they file, the 
streamlined check-box option will not apply to the deployment data 
collected on Form 477. Thus, consistent with our rules, filers seeking 
confidential treatment of deployment data must submit a request that 
the data be treated as confidential with the submission of their Form 
477 filing, along with their reasons for withholding the information 
from the public.
    84. Company Identification Information. Some commenters argue that 
all data collected by Form 477 should be given confidential treatment. 
In this instance, the type of company identification information 
collected on Form 477 is not competitively sensitive information of the 
type that the Commission has in the past treated as confidential. 
Accordingly, we will not

[[Page 49138]]

limit disclosure of company identification information by allowing 
filers to check a box on Form 477 requesting confidential treatment of 
that information. While filers are not precluded from seeking 
confidential treatment of company identification information pursuant 
to the Commission's rules, there will be no streamlined check-box 
option. Filers seeking confidential treatment of company identification 
information must therefore submit a request that the information be 
treated as confidential with the submission of their Form 477 filing, 
along with their reasons for withholding the information from the 
public.
    85. Emergency Contact Information. As noted above, we will now 
collect the name, phone number, and email address of each Form 477 
filer's emergency operations contact. The Commission needs this 
information to promptly contact providers' network operating centers 
during emergencies. We agree with commenters that this information is 
confidential. Accordingly, for the reasons set forth below, we find 
that these emergency operations contact data are information that 
should not be routinely available for public inspection. Form 477 is 
filed securely through an online password protected system. Providers 
submitting this information on Form 477 will not be required to submit 
a request for nondisclosure of the emergency operations contact 
information. Requests for inspection of this information must include a 
persuasive showing as to the reasons for inspection of the data. When 
considering such requests, the Commission will weigh the policy 
considerations favoring nondisclosure against the reasons cited for 
permitting inspection in the light of the facts of the particular case. 
We will provide notice to relevant filers of requests to review this 
information pursuant to the Commission's FOIA rules.
    86. We find that emergency operations contact information is 
confidential and subject to Freedom of Information Act (FOIA) Exemption 
4, which protects ``trade secrets and commercial or financial 
information obtained from a person and privileged or confidential.'' In 
circumstances in which commercial information is required to be 
submitted to the government, FOIA Exemption 4 permits us to withhold 
such records where release would likely cause substantial harm to the 
competitive position of the submitting party. Communications providers 
do not make information about how to contact their network operations 
centers available to the public. Instead, they provide contact 
information to the public that will not disrupt their network 
operations. The release of this commercial information to the public 
would likely result in direct commercial and financial harm to the 
providers' business operations. Public disclosure of this information 
could present an unacceptable risk of disrupting communications 
providers' operations, including repair operations during 
communications outages or other emergencies. Network operations centers 
could be flooded with calls during emergencies when the staff at those 
centers should be focused on providing or restoring communications 
services. Interference with a communications provider's work to ensure 
the continued, robust operation of its communications services would 
clearly result in commercial harm to business operations.
    87. Under FOIA Exemption 4, we are also obliged to consider any 
adverse impact that disclosure might have on government programs, 
including the impact on the Commission's ability to implement its 
statutory responsibility under section 1 of the Act to ensure that 
communications services are adequate to promote ``safety of life and 
property.'' Public disclosure of this information would likely result 
in increased call volume to providers' network operations centers. This 
could result in potential harm to public safety by interfering with 
communications providers' network operations and ability to provide 
communications service. Further, the Commission and other government 
agencies might be unable to contact network operations centers when 
needed, adversely impacting their ability to fulfill statutory and 
other obligations to ensure adequate communications services. Finally, 
access to providers' emergency operations contact information will not 
advance the public's interest in learning of Commission actions and 
communications service providers publicize contact information that 
does not interfere with their operations. Accordingly, we conclude that 
this information is sensitive data entitled to confidential treatment 
and should be exempt from routine public disclosure under FOIA.

IV. Legal Authority

    88. The NPRM set out several sources of legal authority that 
support the proposals to collect additional data, stated that the 
Commission believed that its authority was sufficient, and sought 
comment on that conclusion. To the extent that commenters questioned 
the Commission's authority to collect the types of data required under 
this Order, we have addressed those comments above. Our authority to 
adopt this Order and the accompanying rules lies in sections 4(i), 201, 
214, 218-220, 251-252, 254, 303(r), 310, 332, and 403 of the 
Communications Act of 1934, as amended (the Act), as well as section 
706 of the Telecommunications Act of 1996. As discussed elsewhere in 
this Order, for example, these data are important inputs into the 
annual Broadband Progress Reports required by section 706. Deployment 
and subscription data are also critical for the Commission to fulfill 
its responsibilities under section 254, including the requirement that 
its universal service policies ensure that consumers in all regions 
``have access to telecommunications and information services, including 
interexchange services and advanced telecommunications and information 
services, that are reasonably comparable to those services provided in 
urban areas,'' and is critical to measuring whether we are meeting 
those responsibilities. As discussed above, we also need deployment and 
subscription data to further public safety goals. With respect to 
mobile broadband deployment and subscription data, we also note that 
such data will help the Commission to carry out its spectrum management 
related responsibilities under Title III of the Act. To the extent that 
the Form 477 data collection applies to interconnected VoIP providers, 
and to the extent that interconnected VoIP services are not 
telecommunications services, we have both direct authority, as well as 
ancillary authority, to require the submission of these data based on 
the necessity of collecting such information in order for the 
Commission to be able to carry out its statutory obligations with 
regard to carriers.

V. Procedural Matters

A. Paperwork Reduction Act Analysis

    89. This document contains new and modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (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 and modified information collection requirements contained in 
this proceeding. In addition, we note that pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C.

[[Page 49139]]

3506(c)(4), we previously sought specific comment on how the Commission 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    90. In this present document, we have assessed the effects of 
revising Form 477 to collect additional subscription data on fixed 
voice and interconnected VoIP services; deployment data on voice and 
broadband services; and company identification and contact information, 
and find that these collections must be collected from all providers, 
including small business providers, to be effective in helping the 
Commission meet its statutory requirements.

B. Final Regulatory Flexibility Analysis

    91. As required by the Regulatory Flexibility Act of 1980, as 
amended, the Commission has prepared a Final Regulatory Flexibility 
Analysis (FRFA) for this Report and Order, of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules addressed in this document. The FRFA is attached to 
this item as Appendix C. The Commission will send a copy of this item, 
including the FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA).

C. Congressional Review Act

    92. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

VI. Final Regulatory Flexibility Analysis

    93. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the 2011 Data Gathering Notice. The Commission sought 
written public comment on the proposals in the 2011 Data Gathering 
Notice, including comment on the IRFA. The comments received are 
discussed below. This present Final Regulatory Flexibility Analysis 
(FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    94. In this Report and Order (Order), the Commission modifies the 
FCC Form 477 data collection to streamline the collection and improve 
the quality of the data collected. Form 477 is the Commission's primary 
tool for collecting data about broadband and local telephone networks 
and services. The revisions to the form adopted today will expand and 
refine the data available to the Commission to fulfill its statutory 
duties.
    95. For the last three years, data on broadband deployment have 
been collected by the National Telecommunications and Information 
Administration (NTIA) to populate the National Broadband Map. But 
NTIA's collection program is nearing its completion. NTIA's State 
Broadband Initiative (SBI) collection of deployment data is scheduled 
to expire in 2014; given the critical role such data play in meeting 
the goals of Congress and the Commission, it is the Commission's 
responsibility to ensure that no gap exists in the collection of these 
data. In today's Order, the Commission assumes the responsibility for 
collection of broadband deployment data, with some modifications to 
streamline and reduce the burdens on providers while making other 
modest improvements. With regard to subscription data, the Commission 
takes measures to reduce burdens while improving the quality of the 
data it collects. To enhance its ability to meet public safety needs 
and obligations, the Commission will collect emergency contact 
information from providers. Finally, the Commission requires filers to 
report certain company identification information, which will 
facilitate transaction reviews, as well as ongoing vigilance against 
waste, fraud, and abuse of universal service funding.
    96. Data about broadband and voice deployment and subscription are 
essential to the Commission's ability to fulfill its statutory 
obligations and play a vital public interest role for other state, 
local, and federal agencies, researchers, and consumers. Data collected 
through Form 477 and NTIA's SBI program play an essential role in the 
Commission's work: the Commission uses these data to meet its statutory 
obligation to assess annually the state of broadband availability, 
update its universal service policies and monitor whether its statutory 
universal service goals are being achieved, and meet its public safety 
obligations. The Commission also makes the data available to states, 
researchers, and the public to inform their own activities and 
decisions regarding voice and broadband networks and services.
    97. Many of these obligations flow directly from statute. 
Significantly, the Broadband Data Improvement Act (BDIA) requires that 
the Commission conduct an annual inquiry concerning the ``availability 
of advanced telecommunications capability to all Americans.'' As part 
of this inquiry, the Commission must ``determine whether advanced 
telecommunications capability is being deployed to all Americans in a 
reasonable and timely fashion.'' If the Commission's conclusion is 
negative, it must ``take immediate action to accelerate deployment of 
such capability by removing barriers to infrastructure investment and 
by promoting competition in the telecommunications market.'' The 
Commission has observed that the data collected on Form 477 to date 
have been imperfect for the purpose of assessing broadband deployment 
and availability, as subscription data are a highly imperfect proxy for 
network deployment.
    98. Deployment and subscription data are also needed to fulfill the 
Commission's universal service mandate. The Communications Act of 1934, 
as amended, requires the Commission to base its universal service 
policies on a number of principles, including that ``[c]onsumers in all 
regions of the Nation, including low-income consumers and those in 
rural, insular, and high cost areas, should have access to 
telecommunications and information services . . . that are reasonably 
comparable to those services provided in urban areas.'' The Commission 
currently relies on SBI data for a number of universal service 
policies. For example, the Commission has relied on the SBI data to 
determine areas eligible for support in Connect America Phase I, and 
has stated that it will rely on SBI data for determining areas eligible 
for support in Connect America Phase II. In addition, the Commission 
has sought comment on using SBI data to determine areas eligible for 
the Remote Areas Fund. Over time, the Commission's reliance on the SBI 
data to support its universal service policies will transition to 
reliance on data collected on Form 477. Thus, the data collected in 
Form 477 are critical to measuring whether we are meeting our universal 
service mandate.
    99. Accurate, detailed data about deployment and subscription also 
help further the Commission's public safety goals. In disaster 
situations, for example, the Commission uses these data to identify 
service providers likely to be affected and alternative sources of 
critical communications. The collection of deployment and subscription 
data help the Commission monitor the performance of both legacy 
circuit-switched networks and broadband networks, to ensure that 
consumers can access emergency services as service providers transition 
from one technology to the other.
    100. Moreover, in addition to the Commission's use of the data, 
there have been tremendous public interest benefits to other federal 
and state

[[Page 49140]]

agencies and the general public from the FCC's and NTIA's data 
collections. Use of the National Broadband Map application, and access 
to the data via download or Application Programming Interfaces, has 
been extensive.
    101. As discussed below, we will now collect fixed and mobile 
broadband deployment data. Combining network deployment information 
with service availability data, as well as subscription information, 
will assist the Commission in a number of analyses, including the 
annual broadband progress report, the Annual Mobile Wireless 
Competition Report, the state of competition in the mobile wireless 
industry, and review of mergers and spectrum transactions. The mobile 
broadband deployment data, in conjunction with similar data on mobile 
voice deployment, will enable the Commission to analyze the extent of 
deployment in different spectrum bands, and technologies. These data 
will enable us to analyze deployment in different spectrum bands, and 
to structure our spectrum, infrastructure, and competition polices 
effectively and efficiently in a rapidly evolving mobile marketplace. 
The National Broadband Plan states that mobile broadband is poised to 
become a key platform for innovation in the United States over the next 
decade. For mobile service deployment, spectrum is an essential input 
as the transmission pipe. Understanding how spectrum bands and 
technologies have actually been deployed in different areas will 
greatly facilitate the formulation of sound and informed spectrum 
policies, including how best to make additional spectrum available for 
licensed, unlicensed and opportunistic uses. The mobile broadband 
deployment data, indicating speed, technology, and spectrum band used, 
will enable us to better assess the wireless marketplace to ensure that 
our spectrum and competition policies accommodate growing demand and 
evolving technologies in the provision of mobile broadband services.
    102. With respect to mobile broadband, the Commission continues 
NTIA's SBI collection, with certain modifications to reduce burdens 
while improving the data to fulfill our statutory purposes and policy 
goals. These modifications include additional technology codes, 
separation of coverage areas by unique combinations of technology, 
spectrum and speed, and minimum, rather than maximum, advertised speed. 
Specifically, for each mobile broadband network technology (e.g., EV-
DO, WCDMA, HSPA+, LTE, WiMAX) deployed in each frequency band (e.g., 
700 MHz, Cellular, AWS, PCS, BRS/EBS), facilities-based mobile 
broadband providers should submit polygons representing the nationwide 
coverage area (including U.S. territories) of that technology. 
Collecting these deployment data on mobile broadband network 
technologies, in conjunction with data on spectrum and minimum 
advertised speeds, will improve the data needed to fulfill the 
Commission's statutory purposes and policy goals. As with fixed 
broadband deployment data, we direct filers to report data on 
advertised speeds and reduce the burden of associating these speeds 
with predetermined speed tiers. To reduce burdens, we also allow mobile 
broadband providers to submit coverage maps on a nationwide rather than 
state-by-state basis.
    103. Subscription information enables the Commission to fulfill its 
statutory and regulatory duties. For the past thirteen years, the 
collection of subscription data via Form 477 has served as the 
Commission's principal tool for monitoring telephone and broadband 
subscriptions and competition. Form 477 subscription data also enable 
the Commission to evaluate barriers to adoption, administer and reform 
the universal service program, monitor the PSTN-to-IP conversion by 
providing insight into how many customers rely on each type of network 
technology in each area, and better assess which services are purchased 
independently or in combination with other services. These data also 
support the Commission's efforts to ensure public safety by providing a 
measure of what networks and providers customers rely on in each area.
    104. The Commission will now collect the number of total and 
residential fixed voice and interconnected VoIP subscriptions by census 
tract, much like it currently does for fixed broadband subscription 
data. The Commission will no longer require providers of these services 
to submit the list of ZIP codes in which they provide service to end-
user customers.
    105. Collecting fixed voice and interconnected VoIP subscription 
data by census tract will improve the Commission's ability to measure 
and conduct analyses of retail voice competition. The Commission 
currently collect fixed broadband subscription data by census tract, 
and consumers often purchase fixed broadband and voice services 
together. Collecting fixed voice and interconnected VoIP subscription 
data at the same geographic level as fixed broadband data will allow 
the calculation of retail market shares for voice services by census 
tract in most census tracts, and will give the Commission a better 
understanding of competition in the remainder.
    106. The Commission requires additional company identification 
information for several reasons. The Commission currently allows Form 
477 filers to consolidate data for multiple operations within a state 
on a single submission, and filers are permitted to determine the 
organizational level at which they submit their filings. A parent or 
holding company may file on behalf of its subsidiaries or the 
subsidiaries may file their own Form 477. Accordingly, the Commission 
will now require filers to report, in each 477 filing, the company's 
Universal Service Administrative Company (USAC) study area codes, USAC 
499 identification numbers, and Web site address. This information 
enables the Commission to aggregate, compare, and analyze, by a common 
provider, the various data it collects through different forms and 
filing requirements.
    107. The Commission will also require that filers report the name, 
phone number, and email address of their emergency operations contact. 
The information currently collected by Form 477 is not sufficient for 
use in promptly contacting providers' network operating centers during 
emergencies. Some commenters support the collection of additional 
emergency contact information. For example, Qwest states that this 
information should be collected, since ``[e]mergency contact 
information could be added to Form 477 without placing any material 
burden on the service providers.'' However, other commenters argue that 
Form 477 is not the appropriate vehicle for the Commission to collect 
this contact information.
    108. The Commission needs this emergency operations contact 
information to fulfill its statutory public safety mandates. The 
Commission must be able to directly contact individuals who can provide 
information on network status during natural disasters or other 
emergencies. As a mandatory, recurring filing by providers of telephone 
and broadband service, Form 477 will be a particularly effective 
vehicle for collecting emergency contact data that are comprehensive 
and current, with a relatively small burden on filers. The Commission 
currently has no structured, recurring, mandatory collection of contact 
information in place specifically for use in emergencies affecting 
telephone and/or broadband networks. The Commission's Disaster 
Information Reporting System (DIRS) does collect contact information, 
but only on a voluntary basis for use during large-scale disasters. It 
is important for

[[Page 49141]]

the Commission to have contact information from all providers that file 
Form 477, including those providers that do not choose to participate 
in DIRS, and that this information is updated consistently.
    109. Finally, filers of Form 477 will be required to report the 
name, title, and contact information of their certifying official. This 
essential information provides assurance and the ability to confirm if 
needed that the certifying official has the authority to certify that 
the data submitted is accurate and truthful.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    110. In this section, we respond to comments filed in response to 
the IRFA. To the extent we received comments raising general small 
business concerns during this proceeding, those comments are discussed 
throughout the Report and Order.
    111. OPASTCO, NTCA, and WTA assert that the Commission should 
narrow its efforts and collect only that information for which it has a 
legitimate statutory or regulatory need. In addition, they comment 
that, to the extent that other avenues for gathering information exist, 
the Commission should use those avenues in order to eliminate 
duplicative filing requirements for service providers. OPASTCO et al. 
also comment that the Commission must remain mindful of the burdens new 
requirements could impose on small providers like rural LECs, and that 
specifically, detailed new reporting requirements could prove difficult 
for small providers that manually maintain physical plant records, 
instead of using sophisticated computerized systems.
    112. The Commission takes steps in the Order to protect against 
duplication in the Form 477 collection and reduce the burden on filers 
by narrowly tailoring the collection of data to those most useful to 
the Commission. The Commission found in the Order that the collection 
of deployment and subscription data was necessary to fulfill a number 
of the Commission's statutory and policy goals, including its statutory 
obligation to assess annually the state of broadband availability, 
update its universal service policies and monitor whether its statutory 
universal service goals are being achieved, and meet its public safety 
obligations. In addition, in the Order, the Commission directed the 
Wireline Competition Bureau, in consultation with the Wireless 
Telecommunications Bureau, to identify any circumstances in which the 
collection of company identification information on Form 477 may 
duplicate another Commission collection, and to exempt filers from the 
latter in those instances.
    113. The Commission also considered whether data available from 
outside sources, including providers' Web sites, is sufficient to 
inform the Commission about the expansion of broadband networks. The 
Commission found, however, that reliance on third-party data is not 
appropriate for a primary source of deployment data.
    114. Finally, with its new collection of deployment data, the 
requirements in the Order are designed to reduce filing burdens and 
increase reliability of the data in several ways. For example, the 
changes to the SBI collection are designed to reduce filing burdens and 
increase reliability of the data. The collection will occur in a 
single, unified process rather than on a state-by-state basis. A 
single, nationwide filing (that includes both deployment and 
subscription data) will help eliminate potential variations among 
states, and reduce to one the number of entities with which a 
multistate provider must coordinate for its filing. In addition, the 
elimination of speed tiers will reduce burdens associated with 
categorizing data into those tiers. The data will also be more reliable 
because all providers must file, and must certify to the accuracy upon 
filing. The Commission also declined to gather fixed broadband 
deployment data at a level more granular than the census block, finding 
that the added complexity and burden are unlikely at this time to 
provide a significant insight into how many residences and businesses 
lack access to service. In short, the collection is carefully tailored 
to provide the Commission the data it needs to fulfill its mission, 
while taking steps to minimize the burden on filers. As a result, the 
Commission expects that communications providers' overall reporting 
burden will decrease even though the Commission will be collecting more 
data.
    115. Further, the Commission noted that the Wireline Competition 
Bureau will release a draft data specification that reflects the 
changes necessary to implement this Order. As they have with every 
previous revision of Form 477, Wireline Competition Bureau staff will 
work with providers to ensure that the providers have the tools they 
need to complete and file the form in the least burdensome manner 
possible. The Commission delegated authority to the Wireline 
Competition Bureau, in consultation with the Wireless 
Telecommunications Bureau, to implement any technical improvements or 
other clarifications to the filing mechanism and forms that will make 
compliance easier for filers.
    116. AT&T argued that the proposed pricing collection from 
broadband providers would impose significant and unnecessary burdens on 
broadband providers in violation of the Regulatory Flexibility Act. The 
Commission does not require the filing of pricing data in the Order.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    117. 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 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 Small Business 
Administration (SBA).
1. Wireline Providers
    118. Incumbent Local Exchange Carriers (Incumbent LECs). Neither 
the Commission nor the SBA has developed a small business size standard 
specifically for incumbent local exchange services. The appropriate 
size standard under SBA rules is for the category Wired 
Telecommunications Carriers. Under that size standard, such a business 
is small if it has 1,500 or fewer employees. Census Bureau data for 
2007, which now supersede data from the 2002 Census, show that there 
were 3,188 firms in this category that operated for the entire year. Of 
this total, 3,144 had employment of 999 or fewer, and 44 firms had had 
employment of 1,000 or more. 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 
proposed in the Notice. Thus under this category and the associated 
small business size standard, the majority of these incumbent local 
exchange service

[[Page 49142]]

providers can be considered small providers.
    119. 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 that size 
standard, such a business is small if it has 1,500 or fewer employees. 
Census Bureau data for 2007, which now supersede data from the 2002 
Census, show that there were 3,188 firms in this category that operated 
for the entire year. Of this total, 3,144 had employment of 999 or 
fewer, and 44 firms had had employment of 1,000 employees or more. Thus 
under this category and the associated small business size standard, 
the majority of these Competitive LECs, CAPs, Shared-Tenant Service 
Providers, and Other Local Service Providers can be considered small 
entities. 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 
Notice.
    120. Interexchange Carriers. Neither the Commission nor the SBA has 
developed a small business size standard specifically for providers of 
interexchange services. The appropriate size standard under SBA rules 
is for the category Wired Telecommunications Carriers. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
Census Bureau data for 2007, which now supersede data from the 2002 
Census, show that there were 3,188 firms in this category that operated 
for the entire year. Of this total, 3,144 had employment of 999 or 
fewer, and 44 firms had had employment of 1,000 employees or more. Thus 
under this category and the associated small business size standard, 
the majority of these Interexchange carriers can be considered small 
entities. According to Commission data, 359 companies reported that 
their primary telecommunications service activity was the provision of 
interexchange services. Of these 359 companies, an estimated 317 have 
1,500 or fewer employees and 42 have more than 1,500 employees. 
Consequently, the Commission estimates that the majority of 
interexchange service providers are small entities that may be affected 
by rules adopted pursuant to the Notice.
    121. Operator Service Providers (OSPs). Neither the Commission nor 
the SBA has developed a small business size standard specifically for 
operator service providers. The appropriate size standard under SBA 
rules is for the category Wired Telecommunications Carriers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees. Under that size standard, such a business is small if it has 
1,500 or fewer employees. Census Bureau data for 2007, which now 
supersede data from the 2002 Census, show that there were 3,188 firms 
in this category that operated for the entire year. Of this total, 
3,144 had employment of 999 or fewer, and 44 firms had had employment 
of 1,000 employees or more. Thus under this category and the associated 
small business size standard, the majority of these Interexchange 
carriers can be considered small entities. According to Commission 
data, 33 carriers have reported that they are engaged in the provision 
of operator services. Of these, an estimated 31 have 1,500 or fewer 
employees and 2 have more than 1,500 employees. Consequently, the 
Commission estimates that the majority of OSPs are small entities that 
may be affected by our proposed action.
    122. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2007 show that 1,523 firms provided resale 
services during that year. Of that number, 1,522 operated with fewer 
than 1000 employees and one operated with more than 1,000. Thus under 
this category and the associated small business size standard, the 
majority of these local resellers can be considered small entities. 
According to Commission data, 213 carriers have reported that they are 
engaged in the provision of local resale services. Of these, an 
estimated 211 have 1,500 or fewer employees and two have more than 
1,500 employees. Consequently, the Commission estimates that the 
majority of local resellers are small entities that may be affected by 
rules adopted pursuant to the Notice.
    123. Toll Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2007 show that 1,523 firms provided resale 
services during that year. Of that number, 1,522 operated with fewer 
than 1000 employees and one operated with more than 1,000. Thus under 
this category and the associated small business size standard, the 
majority of these resellers can be considered small entities. According 
to Commission data, 881 carriers have reported that they are engaged in 
the provision of toll resale services. Of these, an estimated 857 have 
1,500 or fewer employees and 24 have more than 1,500 employees. 
Consequently, the Commission estimates that the majority of toll 
resellers are small entities that may be affected by our action.
    124. Payphone Service Providers (PSPs). Neither the Commission nor 
the SBA has developed a small business size standard specifically for 
payphone services providers. The appropriate size standard under SBA 
rules is for the category Wired Telecommunications Carriers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees. Census Bureau data for 2007, which now supersede data from 
the 2002 Census, show that there were 3,188 firms in this category that 
operated for the entire year. Of this total, 3,144 had employment of 
999 or fewer, and 44 firms had had employment of 1,000 employees or 
more. Thus under this category and the associated small business size 
standard, the majority of these PSPs can be considered small entities. 
According to Commission data, 657 carriers have reported that they are 
engaged in the provision of payphone services. Of these, an estimated 
653 have 1,500 or fewer employees and four have more than 1,500 
employees. Consequently, the Commission estimates that the majority of 
payphone service providers are small entities that may be affected by 
our action.
    125. Prepaid Calling Card Providers. Neither the Commission nor the 
SBA has developed a small business size standard specifically for 
prepaid calling card providers. The appropriate size

[[Page 49143]]

standard under SBA rules is for the category Telecommunications 
Resellers. Under that size standard, such a business is small if it has 
1,500 or fewer employees. Census data for 2007 show that 1,523 firms 
provided resale services during that year. Of that number, 1,522 
operated with fewer than 1000 employees and one operated with more than 
1,000. Thus under this category and the associated small business size 
standard, the majority of these prepaid calling card providers can be 
considered small entities. According to Commission data, 193 carriers 
have reported that they are engaged in the provision of prepaid calling 
cards. Of these, all 193 have 1,500 or fewer employees and none have 
more than 1,500 employees. Consequently, the Commission estimates that 
the majority of prepaid calling card providers are small entities that 
may be affected by rules adopted pursuant to the Notice.
    126. 800 and 800-Like Service Subscribers. Neither the Commission 
nor the SBA has developed a small business size standard specifically 
for 800 and 800-like service (``toll free'') subscribers. The 
appropriate size standard under SBA rules is for the category 
Telecommunications Resellers. Under that size standard, such a business 
is small if it has 1,500 or fewer employees. Census data for 2007 show 
that 1,523 firms provided resale services during that year. Of that 
number, 1,522 operated with fewer than 1000 employees and one operated 
with more than 1,000. Thus under this category and the associated small 
business size standard, the majority of resellers in this 
classification can be considered small entities. To focus specifically 
on the number of subscribers than on those firms which make 
subscription service available, the most reliable source of information 
regarding the number of these service subscribers appears to be data 
the Commission collects on the 800, 888, 877, and 866 numbers in use. 
According to our data, as of September 2009, the number of 800 numbers 
assigned was 7,860,000; the number of 888 numbers assigned was 
5,888,687; the number of 877 numbers assigned was 4,721,866; and the 
number of 866 numbers assigned was 7,867,736. The Commission does not 
have data specifying the number of these subscribers that are not 
independently owned and operated or have more than 1,500 employees, and 
thus are unable at this time to estimate with greater precision the 
number of toll free subscribers that would qualify as small businesses 
under the SBA size standard. Consequently, the Commission estimates 
that there are 7,860.000 or fewer small entity 800 subscribers; 
5,888,687 or fewer small entity 888 subscribers; 4,721,866 or fewer 
small entity 877 subscribers; and 7,867,736 or fewer small entity 866 
subscribers.
2. Wireless Carriers and Service Providers
    127. Since 2007, the Census Bureau has placed wireless firms under 
the category of Wireless Telecommunications Carriers (except 
Satellite). Census data for 2007 show there were 1,383 firms that 
operated in this category during that year. Of those 1,383, 1,368 had 
fewer than 100 employees, and 15 firms had more than 100 employees, 
based on the Census data.
    128. The SBA has developed a small business size standard for 
Wireless Telecommunications Carriers (except Satellite) that deems a 
wireless business to be small if it has 1,500 or fewer employees. We 
applied this standard to Commission data to develop another estimate of 
the number of wireless providers that are small. According to the 
Commission estimates based on FCC Form 499-A data, there were 970 
wireless service providers in 2007. Of those, an estimated 815 had 
1,500 or fewer employees, and 155 had more than 1,500 employees. In 
addition, 413 of the 970 providers 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 those, an estimated 261 had 1,500 or fewer 
employees, and 152 had more than 1,500 employees. Thus, using the 
available Form 499-A and Census data, we estimate that the majority of 
wireless firms can be considered small.
    129. In addition, the Commission has defined companies as ``small 
businesses'' and ``very small businesses'' when auctioning spectrum 
licenses, for purposes of determining eligibility for bidding credits, 
and the SBA has approved these definitions. For example, in the 
Wireless Communications Service (WCS), 700 MHz Guard Band, and 39 GHz 
spectrum auctions, the Commission defined a ``small business'' as an 
entity with average gross revenues of $40 million for each of the three 
preceding years, and a ``very small business'' as an entity with 
average gross revenues of $15 million for each of the three preceding 
years. In the 800 MHz/900 MHz, 220 MHz, and 24 GHz spectrum auctions, 
the Commission defined a ``small business'' as an entity that had 
revenues of no more than $15 million in each of the three previous 
calendar years and a ``very small business'' as an entity that had 
revenues of no more than $3 million in each of the three previous 
calendar years. However, the number of winning bidders that qualify as 
small businesses at the close of an auction is generally not an 
accurate representation of the number of small wireless providers 
potentially subject to Form 477. Reasons for this include: Winning 
bidders may not offer service or may not offer a service subject to 
Form 477, winning bidders' revenues may increase after an auction, and 
winning bidders may transfer their licenses to another entity. The 
Commission does not typically track the revenues of spectrum licensees 
subsequent to an auction, unless unjust enrichment issues are 
implicated in the context of spectrum license assignments or transfers.
3. Satellite Service Providers
    130. Satellite Telecommunications Providers. Two economic census 
categories address the satellite industry. The first category has a 
small business size standard of $15 million or less in average annual 
receipts, under SBA rules. The second has a size standard of $25 
million or less in annual receipts.
    131. The category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing telecommunications 
services to other establishments in the telecommunications and 
broadcasting industries by forwarding and receiving communications 
signals via a system of satellites or reselling satellite 
telecommunications.'' Census Bureau data for 2007 show that 512 
Satellite Telecommunications firms that operated for that entire year. 
Of this total, 464 firms had annual receipts of under $10 million, and 
18 firms had receipts of $10 million to $24,999,999. Consequently, the 
Commission estimates that the majority of Satellite Telecommunications 
firms are small entities that might be affected by our action.
    132. The second category, i.e. ``All Other Telecommunications'' 
comprises ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over

[[Page 49144]]

Internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry.'' 
For this category, Census Bureau data for 2007 show that there were a 
total of 2,383 firms that operated for the entire year. Of this total, 
2,347 firms had annual receipts of under $25 million and 12 firms had 
annual receipts of $25 million to $49, 999,999. Consequently, the 
Commission estimates that the majority of All Other Telecommunications 
firms are small entities that might be affected by our action.
4. Cable and OVS Operators
    133. Because section 706 requires us to monitor the deployment of 
broadband regardless of technology or transmission media employed, the 
Commission anticipates that some broadband service providers may not 
provide telephone service. Accordingly, the Commission describes below 
other types of firms that may provide broadband services, including 
cable companies, MDS providers, and utilities, among others.
    134. Cable and Other Program Distributors. 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. Census data for 2007, which supersede data contained in the 
2002 Census, show that there were 1,383 firms that operated that year. 
Of those 1,383, 1,368 had fewer than 100 employees, and 15 firms had 
more than 100 employees. Thus under this category and the associated 
small business size standard, the majority of such firms can be 
considered small.
    135. Cable Companies and Systems. The Commission has also 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.
    136. Cable System Operators. The Communications Act of 1934, as 
amended, 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.
    137. Open Video Services. Open Video Service (OVS) systems provide 
subscription 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. To gauge small business prevalence for the OVS 
service, the Commission relies on data currently available from the 
U.S. Census for the year 2007. According to that source, there were 
3,188 firms that in 2007 were Wired Telecommunications Carriers. Of 
these, 3,144 operated with less than 1,000 employees, and 44 operated 
with more than 1,000 employees. However, as to the latter 44 there is 
no data available that shows how many operated with more than 1,500 
employees. Based on this data, the majority of these firms can be 
considered small. 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, at least some of the OVS operators may qualify as 
small entities. The Commission further notes that it has certified 
approximately 45 OVS operators to serve 75 areas, and some of these are 
currently providing service. Affiliates of Residential Communications 
Network, Inc. (RCN) received approval to operate OVS systems in New 
York City, Boston, Washington, DC, and other areas. RCN has sufficient 
revenues to assure that they do not qualify as a small business entity. 
Little financial information is available for the other entities that 
are authorized to provide OVS and are not yet operational. Given that 
some entities authorized to provide OVS service have not yet begun to 
generate revenues, the Commission concludes that up to 44 OVS operators 
(those remaining) might qualify as small businesses that may be 
affected by the rules and policies adopted herein.
5. Internet Service Providers, Web Portals and Other Information 
Services
    138. In 2007, the SBA recognized two new small business, economic 
census categories. They are (1) Internet Publishing and Broadcasting 
and Web Search Portals, and (2) All Other Information Services.
    139. Internet Service Providers. The 2007 Economic Census places 
these firms, whose services might include voice over Internet protocol 
(VoIP), in either of two categories, depending on whether the service 
is provided over the provider's own telecommunications facilities 
(e.g., cable and DSL ISPs), or over client-supplied telecommunications 
connections (e.g., dial-up ISPs). The former are within the category of 
Wired Telecommunications Carriers, which has an SBA small business size 
standard of 1,500 or fewer employees. These are also labeled 
``broadband.'' The latter are within the category of All Other 
Telecommunications, which has a size standard of annual receipts of $25 
million or less. These are labeled non-broadband.

[[Page 49145]]

    140. The most current Economic Census data for all such firms are 
2007 data, which are detailed specifically for ISPs within the 
categories above. For the first category, the data show that 396 firms 
operated for the entire year, of which 159 had nine or fewer employees. 
For the second category, the data show that 1,682 firms operated for 
the entire year. Of those, 1,675 had annual receipts below $25 million 
per year, and an additional two had receipts of between $25 million and 
$49,999,999. Consequently, we estimate that the majority of ISP firms 
are small entities.
    141. Internet Publishing and Broadcasting and Web Search Portals. 
This industry comprises establishments primarily engaged in (1) 
publishing and/or broadcasting content on the Internet exclusively or 
(2) operating Web sites that use a search engine to generate and 
maintain extensive databases of Internet addresses and content in an 
easily searchable format (and known as Web search portals). The 
publishing and broadcasting establishments in this industry do not 
provide traditional (non-Internet) versions of the content that they 
publish or broadcast. They provide textual, audio, and/or video content 
of general or specific interest on the Internet exclusively. 
Establishments known as Web search portals often provide additional 
Internet services, such as email, connections to other Web sites, 
auctions, news, and other limited content, and serve as a home base for 
Internet users. The SBA has developed a small business size standard 
for this category; that size standard is 500 employees. Less than 500 
employees is considered small. According to Census Bureau data for 
2007, there were 2,705 firms that provided one or more of these 
services for that entire year. Of these, 2,682 operated with less than 
500 employees and 13 operated with 500 to 999 employees. Consequently, 
we estimate that the majority of these firms are small entities that 
may be affected by our action.
    142. Data Processing, Hosting, and Related Services. This industry 
comprises establishments primarily engaged in providing infrastructure 
for hosting or data processing services. These establishments may 
provide specialized hosting activities, such as web hosting, streaming 
services or application hosting; provide application service 
provisioning; or may provide general time-share mainframe facilities to 
clients. Data processing establishments provide complete processing and 
specialized reports from data supplied by clients or provide automated 
data processing and data entry services. The SBA has developed a small 
business size standard for this category; that size standard is $25 
million or less in average annual receipts. According to Census Bureau 
data for 2007, there were 8,060 firms in this category that operated 
for the entire year. Of these, 6,726 had annual receipts of under $25 
million, and 155 had receipts between $25 million and $49,999,999 
million. Consequently, we estimate that the majority of these firms are 
small entities that may be affected by our action.
    143. All Other Information Services. ``This industry comprises 
establishments primarily engaged in providing other information 
services (except new syndicates and libraries and archives).'' Our 
action pertains to interconnected VoIP services, which could be 
provided by entities that provide other services such as email, online 
gaming, web browsing, video conferencing, instant messaging, and other, 
similar IP-enabled services. The SBA has developed a small business 
size standard for this category; that size standard is $7.0 million or 
less in average annual receipts. According to Census Bureau data for 
2007, there were 367 firms in this category that operated for the 
entire year. Of these, 334 had annual receipts of under $5 million, and 
an additional 11 firms had receipts of between $5 million and 
$9,999,999. Consequently, we estimate that the majority of these firms 
are small entities that may be affected by our action.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    144. In today's Order, the Commission modifies the FCC Form 477 
data collection to streamline the collection and improve the quality of 
the data collected. These revisions impose further reporting and 
recordkeeping requirements on current Form 477 filers, including small 
entities.
    145. Deployment. To ensure continuity with the National Broadband 
Map, the Commission will collect network deployment data for fixed and 
mobile broadband as well as mobile voice network deployment data. The 
Order requires each facilities-based provider of fixed broadband 
service to provide a list of all census blocks in which it makes 
broadband service available to end users. Facilities-based providers of 
fixed broadband service will also be required to report the maximum 
speed offered in each census block where they offer service, breaking 
out reporting for residential and nonresidential services where 
appropriate, and by technology. With respect to mobile broadband, for 
each mobile broadband network technology (e.g., EV-DO, WCDMA, HSPA+, 
LTE, WiMAX) deployed in each frequency band (e.g., 700 MHz, Cellular, 
AWS, PCS, BRS/EBS), facilities-based mobile broadband providers should 
submit polygons representing the nationwide coverage area (including 
U.S. territories) of that technology. Facilities-based mobile wireless 
voice providers must submit geospatial data of their coverage area 
boundaries. For both fixed and mobile broadband deployment data, filers 
must report data on advertised speeds; to reduce the burden on filers, 
the Commission eliminates predetermined speed tiers. Also to reduce 
burdens, the Commission allows mobile service providers to submit 
coverage maps on a nationwide rather than state-by-state basis.
    146. Subscription. To improve the quality of the subscription data 
the Commission collects, the Order requires providers of fixed voice 
and interconnected VoIP services to file subscription data by census 
tract, as is currently required for fixed broadband subscription data, 
rather than the current process of requiring such providers to submit 
the list of ZIP codes in which they provide service to end-user 
customers. The Order also eliminates the use of speed tiers for 
broadband subscription data, and requires filers to provide the number 
of broadband connections by the advertised speeds associated with each 
product subscribed to in the relevant geographic area. Fixed providers 
will report connections by the maximum advertised upload and download 
speeds in each census tract, while mobile providers will report 
connections by minimum advertised upload and download speeds in each 
state.
    147. The Order eliminates questions and requirements on the current 
Form 477 that require certain broadband providers to report information 
about the availability of broadband service, as opposed to information 
about actual subscribership to broadband service. These questions are 
no longer necessary in light of the new Form 477 collection of 
broadband deployment data, discussed above. Specifically, the Order 
eliminates Part I.B of the current form, which requires, by state: (1) 
Each incumbent LEC with any DSL connections in service to report its 
best estimate of the percentage of residential end user premises in its 
service area to which its DSL connections could be provided using 
installed distribution facilities, (2) each cable system with any cable 
modem connections in service to report its best estimate of the 
percentage of residential end user premises in its

[[Page 49146]]

service area to which its cable modem connections could be provided 
using installed distribution facilities, and (3) each network operator 
serving any terrestrial mobile wireless broadband subscribers to report 
the total number of subscribers (i.e., including broadband, broadband 
plus voice, and voice-only subscribers) whose mobile device is capable 
of sending or receiving data at information transfer rates exceeding 
200 kbps in at least one direction. In addition, the Order eliminates 
the requirement that fixed broadband providers submit data for every 
census tract within their ``defined service territory'' regardless of 
the number of subscribers in the tract. By eliminating these questions, 
the Commission protects against duplication in its collection and 
reduces the burden on filers by narrowly tailoring its collection of 
data to those most useful to the Commission.
    148. In addition, the Commission eliminates the requirement that 
broadband providers submit state-level data on the percentage of their 
connections that are billed to end users and the percentage that are 
equipped over their own facilities. The Commission typically does not 
rely on these metrics at this level for competitive analysis, nor has 
it reported them in its semiannual Internet Access Services reports. 
Eliminating them will greatly simplify the revised Form 477 and its 
data collection interface, and will reduce burden for filers.
    149. The Commission also modifies its current data collection in 
several ways to eliminate unnecessary information and produce data 
better suited to competitive analysis. The Commission removes the 
requirement that providers of local exchange telephone service report 
the number of lines provided to unaffiliated communications carriers as 
UNE-Platform (UNE-P). The Commission also eliminates reporting of the 
percentage of end-user lines provided over UNE-P. In addition, 
providers of interconnected VoIP service will no longer be required to 
report the number of companies purchasing their VoIP components or 
service for resale. The Commission typically does not rely on this 
metric at this level for competitive analysis. The Commission also 
simplifies the categories of information interconnected VoIP providers 
must provide. Currently, the Form requires filers to report the 
percentage of VoIP subscriptions with nomadic functionality. The Order 
finds the burdens of this reporting distinction do not outweigh the 
benefits and so eliminates the nomadic category. Finally, the 
Commission requires local exchange telephone service providers to 
report, by state, how many of their access lines are bundled with 
broadband. This information about bundling can be evidence of 
consumers' willingness to switch voice service providers, and hence 
improves the Commission's competitive analysis.
    150. Company Identification and Contact Information. To enhance the 
Commission's ability to meet public safety needs and obligations, the 
Order requires entities filing Form 477 to provide additional company 
identification and contact information. In addition to the current Form 
477 requirements, the Commission will require filers to report the 
company's Universal Service Administrative Company (USAC) study area 
codes, USAC 499 identification numbers, and Web site address. The Order 
also requires that filers report the title of their certifying official 
and the name, phone number, and email address of their emergency 
operations contact. This information will assist the Commission in 
fulfilling its universal service mandate, evaluating merger, 
forbearance, and other applications, and protecting public safety. The 
information currently collected by Form 477 is not sufficient for use 
in promptly contacting providers' network operating centers during 
emergencies.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    151. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include (among others) the following four alternatives: (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.
    152. The Commission needs access to data that are comprehensive, 
reliable, sufficiently disaggregated, and reported in a standardized 
manner. The Order recognizes, however, that reporting obligations 
impose burdens on the reporting providers. Consequently, the Commission 
limits its collection to information that is narrowly tailored to meet 
its needs.
    153. Deployment. With regard to the collection of deployment data, 
the changes to the SBI collection adopted in the Order are designed to 
reduce filing burdens and increase reliability of the data in several 
ways. The collection will occur in a single, unified process rather 
than on a state-by-state basis. A single, nationwide filing (that 
includes both deployment and subscription data) will help eliminate 
potential variations among states, and reduce to one the number of 
entities with which a multistate provider must coordinate for its 
filing. In addition, the elimination of speed tiers will reduce burdens 
associated with categorizing data into those tiers. The data will also 
be more reliable because all providers must file, and must certify to 
the accuracy upon filing. The Commission also declined to gather fixed 
broadband deployment data at a level more granular than the census 
block, finding that the added complexity and burden are unlikely at 
this time to provide a significant insight into how many residences and 
businesses lack access to service. In short, the collection is 
carefully tailored to provide the Commission the data it needs to 
fulfill its mission, while taking steps to minimize the burden on 
filers. As a result, the Commission expects that communications 
providers' overall reporting burden will decrease even though the 
Commission will be collecting more data.
    154. The Commission considered whether data available from outside 
sources, including providers' Web sites, are sufficient to inform the 
Commission about the expansion of broadband networks. The Commission 
found, however, that reliance on third-party data is not appropriate 
for a primary source of deployment data. Among the problems the 
Commission faces in using commercial data are restrictions on reuse and 
publication of the data on which the Commission would rely. In 
addition, the Commission found in the 2012 Eighth Broadband Progress 
Report that while Mosaik data provide a useful tool for measuring 
developments in mobile broadband deployment, they may overstate the 
extent of mobile broadband coverage. Furthermore, because Mosaik 
reports advertised coverage as reported to it by mobile wireless 
providers, each of which may use a different standard for determining 
coverage, the Mosaik data are not consistent across geographic areas 
and service providers. Finally, tracking down deployment information on 
providers' Web sites would not provide consistent data for analysis, 
would be time consuming, and might not be comprehensive. The 
information on providers' Web sites is not certified and

[[Page 49147]]

is generally not available in a format consistent enough to provide the 
level of geographic granularity the Commission requires.
    155. In the Order, the Commission recognizes that submitting any 
information imposes burdens, which may be most keenly felt by small 
providers, but concludes that the benefits of having comprehensive data 
substantially outweigh the burdens. One of the primary objectives of 
Form 477 is to inform the Commission's efforts to encourage broadband 
deployment on a reasonable and timely basis to all Americans. The 
Commission concluded it that would miss important data relevant to this 
objective if it were to exempt small providers, which are likely to 
serve rural or insular areas of the United States, where barriers to 
deployment are typically the highest. Additionally, obtaining this 
information from small and rural providers helps ensure that Connect 
America Fund support is indeed increasing broadband deployment and will 
help the Commission keep its universal service policies appropriately 
tailored over time. At the same time, the Commission is cognizant of 
the burdens of data collections, and has therefore taken steps to 
minimize burdens, including by making the deployment collection 
consistent, to a large extent, with NTIA's SBI data collection. For all 
of these reasons, the Commission concluded that the benefits of 
collecting deployment data outweigh the burdens on small providers that 
may be associated with collection of these data.
    156. The Commission specifically considered at what geographic 
level to require reporting from small providers. The Commission found 
that reporting by census block will not be unduly burdensome for the 
majority of fixed broadband service providers, as many of these 
providers already voluntarily report deployment data by census block to 
NTIA's SBI program. Fixed broadband providers have, since June 2010, 
submitted the characteristics of their broadband deployment by census 
block to state mapping designees.
    157. The Commission also considered whether to gather fixed 
broadband deployment data at a level more granular that the census 
block. The Commission declined to do so at this time because the added 
complexity and burden are unlikely to provide a significant insight 
into how many residences and businesses lack access to service. The 
Commission found that many providers do not maintain broadband network 
deployment data on an address-by-address basis. Also, rural areas where 
networks are deployed may not have ``street'' addresses assigned. The 
Commission was not persuaded that the benefits of requiring address-
level data would outweigh the overall increase in the filing burden. 
The Commission concluded that requiring providers to report fixed 
broadband deployment data by census block appropriately balances the 
burdens of reporting this information to the Commission with the level 
of granularity required to carry out our statutory duties.
    158. The Commission also found that burdens on mobile wireless 
providers associated with providing digital representations of and 
geospatial data on their network coverage areas are not significant, 
and are outweighed by the public interest benefits associated with our 
collection. The geospatial data the Commission is collecting on 
spectrum and technology are used by mobile service providers for radio 
frequency (RF) network design and are an integral part of every mobile 
service provider's ordinary course of business. Accordingly, mobile 
deployment data by spectrum bands and network technology should be 
readily available to mobile service providers given that any mobile 
network deployment plan would include both the spectrum and the network 
technology to be used for such deployment.
    159. In addition, many providers develop and maintain such data in 
order to publish maps of their coverage areas on their Web sites and in 
other promotional materials, and certain operators have provided 
network coverage boundaries to Mosaik. Certain providers also have 
submitted coverage area boundaries to the Commission as part of 
wireless transaction proceedings, and many providers have submitted 
coverage area boundaries in the SBI data collection. There are multiple 
GIS (Geographical Information Systems) platforms capable of creating 
and managing geospatial data on mobile network coverage areas, and 
there are many GIS specialists and engineering consultants in the 
United States who are able to provide expertise and develop such data 
for providers that do not have internal GIS resources.
    160. Finally, the Commission also considered whether the collection 
of fixed voice network deployment data is warranted. It concluded that 
collecting additional fixed voice network deployment data on Form 477 
would be largely redundant and would impose an additional burden on 
voice providers. Therefore, the Commission declined to require 
providers of fixed voice services to report deployment data on Form 
477.
    161. Subscription. While the Commission believes that more granular 
subscription data would be preferable, it declines to collect more 
granular subscription data at this time to ensure that any burdens are 
minimized before initiating any additional collections. Accordingly, 
the Commission directs the Wireline Competition Bureau to test 
technical improvements to the Form 477 filing mechanism that might 
reduce the burden of filing more detailed subscription data. If, after 
analyzing such tests, the Bureau determines there is a means of 
minimizing burdens with a more detailed approach, the Commission will 
revisit whether to initiate such collection.
    162. The Commission also eliminates the requirement that providers 
submit broadband data in predetermined speed tiers, and instead will 
require providers of broadband services, for both subscription and 
deployment data, simply to provide advertised speeds--the maximum 
advertised speed in each census block for fixed broadband, and the 
minimum advertised speed in each coverage area for mobile broadband. 
Streamlining the collection in this manner will give the Commission 
greater flexibility to group and analyze broadband speed data in useful 
ways. Eliminating speed tiers will permit the Commission to conduct a 
consistent analysis of subscription and deployment data and, because 
they will no longer be required to categorize the number of connections 
into existing speed tiers, will reduce burdens on filers.
    163. Company Identification Information. In the Order, the 
Commission recognizes that it currently collects some company 
identification information in other contexts. Although these 
collections do not duplicate the information collection adopted in the 
Order--they apply to small subsets of the universe of Form 477 filers 
and do not request the same level of detail--the Commission nonetheless 
takes precautions to ensure that no entity is burdened with duplicative 
filings. Accordingly, the Commission directed the Wireline Competition 
Bureau, in consultation with the Wireless Telecommunications Bureau, to 
identify any circumstances in which the collection of company 
identification information on Form 477 may duplicate another Commission 
collection, and to exempt filers from the latter in those instances.

F. Report to Congress

    164. The Commission will send a copy of the Order, including this 
FRFA, in a report to be sent to Congress pursuant to the Congressional 
Review

[[Page 49148]]

Act. In addition, the Commission will send a copy of the Order, 
including this FRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the Order and FRFA (or summaries thereof) will also be 
published in the Federal Register.

VII. Ordering Clauses

    165. Accordingly, it is ordered that, pursuant to sections 4(i), 
201, 214, 218-220, 251-252, 254, 303(r), 310, 332, and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 201, 214, 
218-220, 251-252, 254, 303(r), 310, 332, and 403, 409, 502, and 503, 
and section 706 of the Telecommunications Act of 1996, as amended, 47 
U.S.C. 1302, this Report and Order is adopted.
    166. It is further ordered that Parts 0, 1 and 43 of the 
Commission's rules are amended as set forth in Rules Appendix A.
    167. It is further ordered that, pursuant to sections 1.4(b)(1) and 
1.103(a) of the Commission's rules, 47 CFR 1.4(b)(1), 1.103(a), this 
Report and Order shall be effective September 12, 2013, except for the 
amendments to sections 1.7001, 1.7002, 43.01 and 43.11 of the 
Commission's rules, which contain information collection requirements 
that have not been approved by the Office of Management and Budget and 
will become effective upon announcement in the Federal Register of 
Office of Management and Budget approval and an effective date of the 
rules.
    168. It is further ordered that the Commission shall send a copy of 
this Report and Order to Congress and to the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).
    169. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Parts 0, 1 and 43

    Broadband, Communications, Communications common carriers, 
Reporting and recordkeeping requirements, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0, 1, and 43 as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority: Sec. 5, 48 Stat. 1068, as amended, 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Amend Sec.  0.91 to revise paragraph (f) to read as follows:


Sec.  0.91  Functions of the Bureau.

* * * * *
    (f) Develop and administer recordkeeping and reporting requirements 
for telecommunications carriers, providers of interconnected VoIP 
service (as that term is defined in Sec.  9.3 of this chapter), and 
providers of broadband services.
* * * * *

0
3. Amend Sec.  0.457 to add paragraph (d)(1)(viii) to read as follows:


Sec.  0.457  Records not routinely available for public inspection.

* * * * *
    (d) * * *
    (1) * * *
    (viii) Emergency contact information reported on FCC Form 477.
* * * * *

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), and 309, Cable Landing License Act of 
1921, 47 U.S.C. 35-39, and the Middle Class Tax Relief and Job 
Creation Act of 2012, Pub. L. 112-96.


0
5. Amend Sec.  1.7001 by removing paragraph (a)(2), redesignating 
paragraphs (a)(3) and (a)(4) as (a)(2) and (a)(3), revising newly 
redesignated paragraph (a)(2), and revising paragraphs (b), (c) and (d) 
to read as follows:


Sec.  1.7001  Scope and content of filed reports.

    (a) * * *
    (2) One-way broadband lines or wireless channels. Lines or wireless 
channels with information carrying capability in excess of 200 kilobits 
per second in at least one direction, but not both.
* * * * *
    (b) All commercial and government-controlled entities, including 
but not limited to common carriers and their affiliates (as defined in 
47 U.S.C. 153 (1)), cable television companies, terrestrial fixed 
wireless providers, terrestrial mobile wireless providers, satellite 
providers, utilities, and others, that are facilities-based providers 
shall file with the Commission a completed FCC Form 477, in accordance 
with the Commission's rules and the instructions to the FCC Form 477.
    (c) Respondents identified in paragraph (b) of this section shall 
include in each report a certification signed by an appropriate 
official of the respondent (as specified in the instructions to FCC 
Form 477) and shall report the title of their certifying official.
    (d) Disclosure of data contained in FCC Form 477 will be addressed 
as follows:
    (1) Emergency operations contact information contained in FCC Form 
477 are information that should not be routinely available for public 
inspection pursuant to Sec.  0.457 of this chapter.
    (2) Respondents may make requests for Commission non-disclosure of 
the following data contained in FCC Form 477 under Sec.  0.459 of this 
chapter by so indicating on Form 477 at the time that the subject data 
are submitted:
    (i) Provider-specific subscription data and
    (ii) Provider-specific mobile deployment data that includes 
specific spectrum and speed parameters that may be used by providers 
for internal network planning purposes.
    (3) Respondents seeking confidential treatment of any other data 
contained in FCC Form 477 must submit a request that the data be 
treated as confidential with the submission of their Form 477 filing, 
along with their reasons for withholding the information from the 
public, pursuant to Sec.  0.459 of this chapter.
    (4) The Commission shall make all decisions regarding non-
disclosure of provider-specific information, except that the Chief of 
the Wireline Competition Bureau may release provider-specific 
information to:
    (i) A state commission provided that the state commission has 
protections in place that would preclude disclosure of any confidential 
information,
    (ii) ``Eligible entities,'' as those entities are defined in the 
Broadband Data Improvement Act, in an aggregated format and pursuant to 
confidentiality conditions prescribed by the Commission, and
    (iii) Others, to the extent that access to such data can be 
accomplished in a manner that addresses concerns about the competitive 
sensitivity of the data and precludes public disclosure of any 
confidential information.
* * * * *

0
6. Revise Sec.  1.7002 to read as follows:

[[Page 49149]]

Sec.  1.7002  Frequency of reports.

    Entities subject to the provisions of Sec.  1.7001 shall file 
reports semi-annually. Reports shall be filed each year on or before 
March 1st (reporting data required on FCC Form 477 as of December 31 of 
the prior year) and September 1st (reporting data required on FCC Form 
477 as of June 30 of the current year). Entities becoming subject to 
the provisions of Sec.  1.7001 for the first time within a calendar 
year shall file data for the reporting period in which they become 
eligible and semi-annually thereafter.

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

0
7. The authority citation for part 43 continues to read as follows:

    Authority: 47 U.S.C. 154; Telecommunications Act of 1996; Pub.L. 
104-104, sec. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended 
unless otherwise noted. 47 U.S.C. 211, 219, 220, as amended; Cable 
Landing License Act of 1921, 47 U.S.C. 35-39.


0
8. Amend Sec.  43.01 by revising paragraphs (a), (b), and (d) to read 
as follows:


Sec.  43.01  Applicability.

    (a) The sections in this part include requirements which have been 
promulgated under authority of sections 211 and 219 of the 
Communications Act of 1934, as amended, with respect to the filing by 
communication common carriers and certain of their affiliates, as well 
as certain other providers, of periodic reports and certain other data, 
but do not include certain requirements relating to the filing of 
information with respect to specific services, accounting systems and 
other matters incorporated in other parts of this chapter.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
carriers and other providers becoming subject to the provisions of the 
several sections of this part for the first time, shall, within thirty 
(30) days of becoming subject, file the required data as set forth in 
the various sections of this part.
* * * * *
    (d) Common carriers and other service providers subject to the 
provisions of Sec.  43.11 shall file data semi-annually. Reports shall 
be filed each year on or before March 1st (reporting data required on 
FCC Form 477 as of December 31 of the prior year) and September 1st 
(reporting data required on FCC Form 477 as of June 30 of the current 
year). Common carriers and other providers becoming subject to the 
provisions of Sec.  43.11 for the first time within a calendar year 
shall file data for the reporting period in which they become eligible 
and semi-annually thereafter.

0
9. Amend Sec.  43.11 to revise paragraphs (a), (b), and (c) to read as 
follows:


Sec.  43.11  Reports of local exchange competition data.

    (a) All common carriers and their affiliates (as defined in 47 
U.S.C. 153(1)) providing telephone exchange or exchange access service 
(as defined in 47 U.S.C. 153(16) and (47)), commercial mobile radio 
service (CMRS) providers offering mobile telephony (as defined in Sec.  
20.15(b)(1) of this chapter), and Interconnected Voice over IP service 
providers (as defined in Sec.  9.3 of this chapter), shall file with 
the Commission a completed FCC Form 477, in accordance with the 
Commission's rules and the instructions to the FCC Form 477.
    (b) Respondents identified in paragraph (a) of this section shall 
include in each report a certification signed by an appropriate 
official of the respondent (as specified in the instructions to FCC 
Form 477) and shall report the title of their certifying official.
    (c) Disclosure of data contained in FCC Form 477 will be addressed 
as follows:
    (1) Emergency operations contact information contained in FCC Form 
477 are information that should not be routinely available for public 
inspection pursuant to Sec.  0.457 of this chapter.
    (2) Respondents may make requests for Commission non-disclosure of 
the following data contained in FCC Form 477 under Sec.  0.459 of this 
chapter by so indicating on Form 477 at the time that the subject data 
are submitted:
    (i) Provider-specific subscription data and
    (ii) Provider-specific mobile deployment data that includes 
specific spectrum and speed parameters that may be used by providers 
for internal network planning purposes.
    (3) Respondents seeking confidential treatment of any other data 
contained in FCC Form 477 must submit a request that the data be 
treated as confidential with the submission of their Form 477 filing, 
along with their reasons for withholding the information from the 
public, pursuant to Sec.  0.459 of this chapter.
    (4) The Commission shall make all decisions regarding non-
disclosure of provider-specific information, except that the Chief of 
the Wireline Competition Bureau may release provider-specific 
information to:
    (i) A state commission provided that the state commission has 
protections in place that would preclude disclosure of any confidential 
information, and
    (ii) ``Eligible entities,'' as those entities are defined in the 
Broadband Data Improvement Act, in an aggregated format and pursuant to 
confidentiality conditions prescribed by the Commission, and
    (iii) Others, to the extent that access to such data can be 
accomplished in a manner that addresses concerns about the competitive 
sensitivity of the data and precludes public disclosure of any 
confidential information.
* * * * *
[FR Doc. 2013-19493 Filed 8-12-13; 8:45 am]
BILLING CODE 6712-01-P