Modernization of the Schools and Libraries “E-Rate” Program, 68632-68635 [2014-25523]
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Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations
licensee pursuant to paragraph (i)(3) of
this section.
FEDERAL COMMUNICATIONS
COMMISSION
§ 201.17
47 CFR Part 54
[Amended]
3. Amend § 201.17 as follows:
a. In paragraphs (m)(2) introductory
text and (m)(4)(i) by removing ‘‘(m)(3)’’
and adding in its place ‘‘(m)(4)’’.
■ b. In paragraphs (m)(2)(ii),
(m)(4)(iii)(C), and (m)(4)(iv)(A) by
removing ‘‘(m)(1)(iii)’’ and adding in its
place ‘‘(m)(2)(iii)’’.
■ c. In paragraph (m)(4) introductory
text by removing ‘‘(m)(1)’’ and adding in
its place ‘‘(m)(2)’’.
■ d. In paragraph (m)(4)(iii)(A) by
removing ‘‘(m)(1)(i)’’ and adding in its
place ‘‘(m)(2)(i)’’.
■ e. In paragraph (m)(4)(iii)(B) by
removing ‘‘(m)(1)(ii)’’ and adding in its
place ‘‘(m)(2)(ii)’’.
■ f. In paragraph (m)(4)(vi) by removing
‘‘(m)(3)(i)’’ and adding in its place
‘‘(m)(4)(i)’’.
■
[WC Docket No. 13–184; FCC 14–99]
■
Modernization of the Schools and
Libraries ‘‘E-Rate’’ Program
Dated: November 10, 2014.
Maria A. Pallante,
Register of Copyrights and Director of the
U.S. Copyright Office.
James H. Billington,
Librarian of Congress.
[FR Doc. 2014–27277 Filed 11–17–14; 8:45 am]
BILLING CODE 1410–30–P
Federal Communications
Commission.
ACTION: Final rule; correction; correcting
amendments.
AGENCY:
This document corrects errors
in the dates section, the supplementary
information portion, and Final Rules
section of a Federal Register document
regarding the Commission taking major
steps to modernize the E-rate program
(more formally known as the schools
and libraries universal service support
mechanism). Building on the comments
the Commission received in response to
the E-rate Modernization NPRM, and
the E-rate Modernization Public Notice,
as well as recommendations from the
Government Accountability Office
(GAO), the program improvements the
Commission adopts as part of this
document begin the process of
reorienting the E-rate program to focus
on high-speed broadband for our
nation’s schools and libraries. The
document was published in the Federal
Register on August 19, 2014.
SUMMARY:
The corrections and correcting
amendments in this rule are effective
November 18, 2014, except that
correcting amendments 3 and 5 are
effective July 1, 2015.
DATES:
FOR FURTHER INFORMATION CONTACT:
James Bachtell or Kate Dumouchel,
Wireline Competition Bureau,
Telecommunications Access Policy
Division, at (202) 418–7400 or TTY:
(202) 418–0484.
This
summary contains corrections to the
DATES section, the SUPPLEMENTARY
INFORMATION portion, and the Final
Rules section of a Federal Register
summary, 79 FR 49160 (August 19,
2014). The full text of the Commission’s
Report and Order in WC Docket No. 13–
184, FCC 14–99 released on July 23,
2014 is available for public inspection
during regular business hours in the
FCC Reference Center, Room CY–A257,
445 Twelfth Street SW., Washington, DC
20554.
SUPPLEMENTARY INFORMATION:
Corrections to Final Rule
In rule FR Doc. 2014–18937 published
August 19, 2014 (79 FR 49160) make the
following corrections.
1. On page 49160, in the first column,
correct the effective dates in the DATES
section as follows:
Section
Correct . . .
To read . . .
54.503(c) ............................................
Upon announcement of OMB approval of information collection requirements.
Upon announcement of OMB approval of information collection requirements.
December 18, 2014.
54.504(f) .............................................
54.507(d) ............................................
54.507(f) .............................................
54.514(a) ............................................
54.516(a)–(c), (d) ...............................
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54.720(a) ............................................
Upon announcement of OMB approval of information collection requirements.
July 1, 2015 ...................................................................................................
Upon announcement of OMB approval of information collection requirements.
July 1, 2015 ...................................................................................................
Upon announcement of OMB approval of information collection requirements.
2. On page 49161, in the second
column, in paragraph 7, in the last
sentence add the words ‘‘, we continue
the Commission’s commitment to
meeting schools’ and libraries’
connectivity needs’’ after the word
‘‘connections’’.
3. On page 49168, in the second
column, in paragraph 66, eleventh line,
remove the comma after the word
‘‘services.’’
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4. On page 49168, in the third
column, in paragraph 71, twentyseventh line, remove the word
‘‘supports’’ and add in its place the
word ‘‘supported.’’
5. On page 49169, in the second
column, in paragraph 74, twenty-third
line, remove the words ‘‘subsequent five
funding years’’ and add in their place
the words ‘‘subsequent four funding
years.’’
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54.504(f)(4)–(5) will become effective July 1,
2016.
December 18, 2014.
December 18, 2014.
December 18, 2014.
54.516 is effective on July
1, 2015, with the exception of paragraphs (a)–(c)
which are effective upon
announcement of OMB
approval of information
collection requirements.
December 18, 2014.
6. On page 49169, in the second
column, in paragraph 76, fifth line, add
the word ‘‘do’’ after the words ‘‘five-year
budgets.’’
7. On page 49171, in the third
column, in paragraph 95, third line,
remove the word ‘‘and’’ and add it its
place the words ‘‘and/or.’’
8. On page 49172, in the first column,
in paragraph 95, second line, correct the
first full sentence to read ‘‘In other
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Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations
words, for schools in districts receiving
funding in years 2015 and/or 2016, we
adopt a rolling funding cycle of five
years for category two services, which
begins the first year that a school
receives E-rate support, and remove the
two-in-five rule that applied to priority
two internal connections.’’
9. On page 49172, in the first column,
in paragraph 95, correct the third full
sentence to read ‘‘Therefore, schools
that seek category two support in
funding year 2015 will calculate their
available pre-discount support budget as
$150 per student over five years
beginning with funding year 2015.’’, and
correct the fourth full sentence to read
‘‘Schools that seek category two support
in funding year 2016 will calculate their
available pre-discount support budget as
$150 per student, less any of the five
year pre-discount budget used in
funding year 2015.’’, and correct the
fifth full sentence to read ‘‘In later years,
schools that received category two
support in funding years 2015 and/or
2016 will calculate their available prediscount budget based on $150 per
student, less any of the pre-discount
budget used in the prior funding years
that are part of that school’s five year
funding cycle.’’
10. On page 49174, in the second
column, in paragraph 113, in the first
sentence, first line, remove the word
‘‘Under’’ and add in its place the words
‘‘For example, under.’’
11. On page 49176, in the second
column, in paragraph 128, in the second
sentence, eleventh line, remove the
words ‘‘sufficient funding for is
available’’ and add in their place the
words ‘‘sufficient funding is available.’’
12. On page 49176, in the third
column, in paragraph 128, in the
penultimate sentence, eleventh line, add
the word ‘‘will’’ after the word ‘‘We.’’
13. On page 49178, in the first
column, in paragraph 139, twelfth line,
remove the words ‘‘on-campus use.’’
14. On page 49179, in the first
column, in paragraph 148, in the last
sentence, thirtieth line, remove the
word ‘‘APIs’’ and add in its place the
words ‘‘application programming
interfaces (APIs).’’
15. On page 49181, in the second
column, in paragraph 168, correct the
third full sentence to read ‘‘To show
that it is authorized to seek or order
eligible services for the applicants, a
consortium lead may provide copies of
relevant state statutes or regulations
authorizing consortium leads to seek or
order services on members’ behalf or
other proof that a consortium lead is
authorized to seek or order services on
behalf of its members.’’
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16. On page 49186, in the first
column, in paragraph 202, in the first
sentence, fifth line, remove the words
‘‘discount rate’’ and add in their place
the words ‘‘NSLP level of poverty.’’
17. On page 49186, correct paragraph
205 to read ‘‘In light of the benefits to
school districts and libraries of adopting
a district-wide discount, we revise
§ 54.505(b)(4) of our rules to require
school districts to calculate their E-rate
discounts by:
dividing the total number of students in
the district eligible for the NSLP by the
total number of students in the district
and comparing that single figure against
the discount matrix to determine the
school district’s discount rate for E-rate
supported services. All public schools
and libraries within that public school
district will receive the same discount
rate, except under the circumstances
described below. First, for the sake of
simplicity, when a library system has
branches or outlets in more than one
public school district, that library
system and all library outlets within
that system should use the address of
the central outlet or main administrative
office to determine which public school
district the library system is in, and
should use that public school district’s
NSLP level of poverty to determine its
discount rate whether applying as a
library system or as one or more
individual library outlets within that
system. Second, library systems, and
individual libraries that are not part of
a library system, must separately
determine their urban/rural status. All
outlets within a library system receive
the same discount rate.’’
18. On page 49187, in the first
column, in paragraph 210, fifth line,
remove the word ‘‘(Census)’’ and add in
its place the words ‘‘(Census Bureau).’’
19. On page 49187, in the first
column, in paragraph 210, in the third
sentence, nineteenth line, add the word
‘‘Bureau’’ after the word ‘‘Census.’’
20. On page 49187, in the first
column, in paragraph 210, in the fifth
sentence, twenty-eighth line, add the
word ‘‘Bureau’’ after the word
‘‘Census.’’
21. On page 49187, in the first
column, in paragraph 210, in the sixth
sentence, thirty-fourth line, add the
word ‘‘Bureau’’ after the word
‘‘Census.’’
22. On page 49187, in the first
column, in paragraph 211, in the second
sentence, third line, add the word
‘‘Bureau’’ after the word ‘‘Census.’’
23. On page 49187, in the first
column, in paragraph 211, in the third
sentence, sixth line, add the word
‘‘Bureau’’ after the word ‘‘Census.’’
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24. On page 49187, in the first
column, in paragraph 211, in the fourth
sentence, remove the words ‘‘2010
Census’’ and add in their place the
words ‘‘2010 decennial census,’’ add the
words ‘‘for urbanized areas and 2,500 to
50,000 for urban clusters’’ after the word
‘‘more,’’ and remove the words ‘‘of at
least 2,500 people that link to’’ and add
in their place the words ‘‘containing
non-residential urban land uses as well
as territory with low population density
included to link outlying densely settled
territory with.’’
25. On page 49187, in the first
column, in paragraph 211, in the sixth
sentence, twenty-fifth line, remove the
word ‘‘Census’’ and add in its place the
word ‘‘census.’’
26. On page 49187, in the second
column, in paragraph 213, remove the
words in the fourth sentence ‘‘Libraries’
discount percentages will continue to be
based on that of the public school
district in which they are physically
located.’’ and add in their place the
words ‘‘Libraries’ discount percentages
will continue to be based on the level
of poverty, CEP or otherwise, of the
public school district in which they are
physically located, though library
systems and individual libraries not part
of a library system will separately
determine their urban/rural status.’’
27. On page 49188, in the second
column, in paragraph 218, nineteenth
line, add the word ‘‘on’’ before the
words ‘‘only the surveys returned.’’
28. On page 49197, in the first and
second columns, correct paragraph 306
to read ‘‘It is further ordered, that
pursuant to the authority contained in
sections 1 through 4, 201 through 205,
254, 303(r), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151–154, 201–205,
254, 303(r), and 403, and section 706 of
the Telecommunications Act of 1996, 47
U.S.C. 1302, Part 54 of the
Commission’s rules, 47 CFR part 54, is
Amended as set forth below, and such
rule amendments shall be effective
September 18, 2014, except for
§§ 54.503(c), 54.507(d) through (f),
54.514(a), and 54.720(a), which shall be
effective December 18, 2014;
§§ 54.502(b)(2) through (3) and (5),
54.504(a), and 54.516(a) through (c),
which are subject to the PRA and will
become effective upon announcement in
the Federal Register of OMB approval of
the subject information collection
requirements; and except for
amendments in §§ 54.5, 54.500,
54.501(a)(1), 54.502(a), 54.504(d),
54.507(a) through (c) and (e), and
54.516(d), which shall become effective
on July 1, 2015; and amendments in
§§ 54.504(f)(4) and (f)(5) and 54.514(c),
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which shall become effective on July 1,
2016.’’
Section 54.500 [Corrected]
2. Effective November 18, 2014,
amend § 54.5 by revising the definition
of ‘‘Internet access’’ to read as follows:
■
29. On page 49197, in the Final Rules
section, in the third column, in the
definition of Consortium in § 54.500,
correct the second sentence to read ‘‘A
consortium may also include health care
providers eligible under subpart G of
this part, and public sector
(governmental) entities, including, but
not limited to, state colleges and state
universities, state educational
broadcasters, counties, and
municipalities, although such entities
are not eligible for support.’’
30. On page 49198, in the Final Rules
section, in the first column, in the
definition of Managed internal
broadband services in § 54.500, remove
the words ‘‘management, and/or
monitoring’’ and add in their place the
words ‘‘management, and monitoring’’
and remove the words ‘‘local area
network (LAN) and wireless LAN’’ and
add in their place the words ‘‘local area
network (LAN) and/or wireless LAN.’’
§ 54.5
Section 54.501 [Corrected]
*
31. On page 49198, in the Final Rules
section, in the first column, in
paragraph (a)(1) of § 54.501, remove the
words ‘‘ ‘‘elementary school’’ and
‘‘secondary school’’ ’’ and add in their
place the words ‘‘ ‘‘elementary school’’
or ‘‘secondary school’’ ’’.
Section 54.502 [Corrected]
32. On page 49198, in the Final Rules
section, in the first column, in
paragraph (a) of § 54.502, remove the
words ‘‘paragraph (b)’’ and add in their
place the words ‘‘paragraph (d).’’
Correcting Amendments
List of Subjects in 47 CFR Part 54
Communications common carriers,
Health facilities, Infants and children,
Libraries, Reporting and recordkeeping
requirements, Schools,
Telecommunications, Telephone.
Accordingly, 47 CFR part 54 is
corrected by making the following
correcting amendments:
PART 54—UNIVERSAL SERVICE
1. The authority citation for part 54
continues to read as follows:
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■
Authority: Sections 1, 4(i), 5, 201, 205,
214, 219, 220, 254, 303(r), and 403 of the
Communications Act of 1934, as amended,
and section 706 of the Communications Act
of 1996, as amended; 47 U.S.C. 151, 154(i),
155, 201, 205, 214, 219, 220, 254, 303(r), 403,
and 1302 unless otherwise noted.
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Terms and definitions.
*
*
*
*
*
Internet access. ‘‘Internet access’’
includes the following elements:
(1) The transmission of information as
common carriage;
(2) The transmission of information as
part of a gateway to an information
service, when that transmission does
not involve the generation or alteration
of the content of information, but may
include data transmission, address
translation, protocol conversion, billing
management, introductory information
content, and navigational systems that
enable users to access information
services, and that do not affect the
presentation of such information to
users; and
(3) Electronic mail services (email).
■ 3. Effective July 1, 2015, amend § 54.5
by revising the definition of ‘‘Internet
access’’ to read as follows:
§ 54.5
Terms and definitions.
*
*
*
*
Internet access. ‘‘Internet access’’
includes the following elements:
(1) The transmission of information as
common carriage; and
(2) The transmission of information as
part of a gateway to an information
service, when that transmission does
not involve the generation or alteration
of the content of information, but may
include data transmission, address
translation, protocol conversion, billing
management, introductory information
content, and navigational systems that
enable users to access information
services, and that do not affect the
presentation of such information to
users.
*
*
*
*
*
■ 4. Effective November 18, 2014,
amend § 54.504 by revising paragraph
(d) to read as follows:
§ 54.504
Requests for services.
*
*
*
*
*
(d) Service substitution. (1) The
Administrator shall grant a request by
an applicant to substitute a service or
product for one identified on its FCC
Form 471 where:
(i) The service or product has the
same functionality;
(ii) The substitution does not violate
any contract provisions or state or local
procurement laws;
(iii) The substitution does not result
in an increase in the percentage of
ineligible services or functions; and
(iv) The applicant certifies that the
requested change is within the scope of
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the controlling FCC Form 470, including
any associated Requests for Proposal, for
the original services.
(2) In the event that a service
substitution results in a change in the
pre-discount price for the supported
service, support shall be based on the
lower of either the pre-discount price of
the service for which support was
originally requested or the pre-discount
price of the new, substituted service.
(3) For purposes of this rule, the broad
categories of eligible services
(telecommunications service, Internet
access, and internal connections) are not
deemed to have the same functionality
with one another.
■ 5. Effective July 1, 2015, amend
§ 54.504 by revising paragraph (d) to
read as follows:
§ 54.504
Requests for services.
*
*
*
*
*
(d) Service substitution. (1) The
Administrator shall grant a request by
an applicant to substitute a service or
product for one identified on its FCC
Form 471 where:
(i) The service or product has the
same functionality;
(ii) The substitution does not violate
any contract provisions or state or local
procurement laws;
(iii) The substitution does not result
in an increase in the percentage of
ineligible services or functions; and
(iv) The applicant certifies that the
requested change is within the scope of
the controlling FCC Form 470, including
any associated Requests for Proposal, for
the original services.
(2) In the event that a service
substitution results in a change in the
pre-discount price for the supported
service, support shall be based on the
lower of either the pre-discount price of
the service for which support was
originally requested or the pre-discount
price of the new, substituted service.
(3) For purposes of this rule, the two
categories of eligible services are not
deemed to have the same functionality
as one another.
■ 6. In § 54.505:
■ a. Revise paragraph (b)(2).
■ b. In paragraph (b)(3)(i), remove the
word ‘‘urbanized’’ and add in its place
the word ‘‘urban’’.
The revision reads as follows:
§ 54.505
Discounts.
*
*
*
*
*
(b) * * *
(2) For libraries and library consortia,
the level of poverty shall be based on
the percentage of the student enrollment
that is eligible for a free or reduced price
lunch under the national school lunch
program or a federally-approved
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alternative mechanism in the public
school district in which they are located
and should use that school district’s
level of poverty to determine their
discount rate when applying as a library
system or as an individual library outlet
within that system. When a library
system has branches or outlets in more
than one public school district, that
library system and all library outlets
within that system should use the
address of the central outlet or main
administrative office to determine
which school district the library system
is in, and should use that school
district’s level of poverty to determine
its discount rate when applying as a
library system or as one or more library
outlets. If the library is not in a school
district, then its level of poverty shall be
based on an average of the percentage of
students eligible for the national school
lunch program in each of the school
districts that children living in the
library’s location attend.
*
*
*
*
*
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
List of Subjects in 48 CFR Part 219
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 219 is
amended as follows:
PART 219—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 219 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
219.201
[Amended]
2. Amend section 219.201 by—
a. In paragraph (c)(10)(A), removing
‘‘PGI 219.201(d)(10)’’ and adding ‘‘PGI
219.201(c)(10)’’ in its place; and
■ b. In paragraph (d), removing ‘‘PGI
219.201(e)’’ and adding ‘‘PGI
219.201(d)’’ in its place.
■
■
[FR Doc. 2014–27254 Filed 11–17–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
[FR Doc. 2014–25523 Filed 11–17–14; 8:45 am]
BILLING CODE 6712–01–P
National Oceanic and Atmospheric
Administration
DEPARTMENT OF DEFENSE
50 CFR Part 679
Defense Acquisition Regulations
System
[Docket No. 130925836–4174–02]
48 CFR Part 219
Fisheries of the Exclusive Economic
Zone Off Alaska; Thornyhead Rockfish
in the Western Regulatory Area of the
Gulf of Alaska
RIN 0648–XD626
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
SUMMARY:
Effective November 18, 2014.
Mr.
Manuel Quinones, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6088; facsimile
571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Corrects paragraph designation at
219.201.
DATES:
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FOR FURTHER INFORMATION CONTACT:
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NMFS is prohibiting retention
of thornyhead rockfish in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because
the 2014 total allowable catch of
thornyhead rockfish in the Western
Regulatory Area of the GOA will be
reached.
SUMMARY:
Effective 1200 hours, Alaska
local time (A.l.t.), November 13, 2014,
through 2400 hours, A.l.t., December 31,
2014.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
DATES:
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68635
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2014 total allowable catch (TAC)
of thornyhead rockfish in the Western
Regulatory Area of the GOA is 235
metric tons (mt) as established by the
final 2014 and 2015 harvest
specifications for groundfish of the GOA
(79 FR 12890, March 6, 2014).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2014 TAC of
thornyhead rockfish in the Western
Regulatory Area of the GOA will be
reached. Therefore, NMFS is requiring
that thornyhead rockfish caught in the
Western Regulatory Area of the GOA be
treated as prohibited species in
accordance with § 679.21(b).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay prohibiting the retention of
thornyhead rockfish in the Western
Regulatory Area of the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of November 12, 2014.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and § 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 13, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–27276 Filed 11–13–14; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Rules and Regulations]
[Pages 68632-68635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25523]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 13-184; FCC 14-99]
Modernization of the Schools and Libraries ``E-Rate'' Program
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction; correcting amendments.
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SUMMARY: This document corrects errors in the dates section, the
supplementary information portion, and Final Rules section of a Federal
Register document regarding the Commission taking major steps to
modernize the E-rate program (more formally known as the schools and
libraries universal service support mechanism). Building on the
comments the Commission received in response to the E-rate
Modernization NPRM, and the E-rate Modernization Public Notice, as well
as recommendations from the Government Accountability Office (GAO), the
program improvements the Commission adopts as part of this document
begin the process of reorienting the E-rate program to focus on high-
speed broadband for our nation's schools and libraries. The document
was published in the Federal Register on August 19, 2014.
DATES: The corrections and correcting amendments in this rule are
effective November 18, 2014, except that correcting amendments 3 and 5
are effective July 1, 2015.
FOR FURTHER INFORMATION CONTACT: James Bachtell or Kate Dumouchel,
Wireline Competition Bureau, Telecommunications Access Policy Division,
at (202) 418-7400 or TTY: (202) 418-0484.
SUPPLEMENTARY INFORMATION: This summary contains corrections to the
DATES section, the SUPPLEMENTARY INFORMATION portion, and the Final
Rules section of a Federal Register summary, 79 FR 49160 (August 19,
2014). The full text of the Commission's Report and Order in WC Docket
No. 13-184, FCC 14-99 released on July 23, 2014 is available for public
inspection during regular business hours in the FCC Reference Center,
Room CY-A257, 445 Twelfth Street SW., Washington, DC 20554.
Corrections to Final Rule
In rule FR Doc. 2014-18937 published August 19, 2014 (79 FR 49160)
make the following corrections.
1. On page 49160, in the first column, correct the effective dates
in the DATES section as follows:
----------------------------------------------------------------------------------------------------------------
Section Correct . . . To read . . .
----------------------------------------------------------------------------------------------------------------
54.503(c)............................ Upon announcement of OMB December 18, 2014.
approval of information
collection requirements.
54.504(f)............................ Upon announcement of OMB 54.504(f)(4)-(5) will become effective
approval of information July 1, 2016.
collection requirements.
54.507(d)............................ Upon announcement of OMB December 18, 2014.
approval of information
collection requirements.
54.507(f)............................ July 1, 2015................. December 18, 2014.
54.514(a)............................ Upon announcement of OMB December 18, 2014.
approval of information
collection requirements.
54.516(a)-(c), (d)................... July 1, 2015................. 54.516 is effective on July 1, 2015, with
the exception of paragraphs (a)-(c) which
are effective upon announcement of OMB
approval of information collection
requirements.
54.720(a)............................ Upon announcement of OMB December 18, 2014.
approval of information
collection requirements.
----------------------------------------------------------------------------------------------------------------
2. On page 49161, in the second column, in paragraph 7, in the last
sentence add the words ``, we continue the Commission's commitment to
meeting schools' and libraries' connectivity needs'' after the word
``connections''.
3. On page 49168, in the second column, in paragraph 66, eleventh
line, remove the comma after the word ``services.''
4. On page 49168, in the third column, in paragraph 71, twenty-
seventh line, remove the word ``supports'' and add in its place the
word ``supported.''
5. On page 49169, in the second column, in paragraph 74, twenty-
third line, remove the words ``subsequent five funding years'' and add
in their place the words ``subsequent four funding years.''
6. On page 49169, in the second column, in paragraph 76, fifth
line, add the word ``do'' after the words ``five-year budgets.''
7. On page 49171, in the third column, in paragraph 95, third line,
remove the word ``and'' and add it its place the words ``and/or.''
8. On page 49172, in the first column, in paragraph 95, second
line, correct the first full sentence to read ``In other
[[Page 68633]]
words, for schools in districts receiving funding in years 2015 and/or
2016, we adopt a rolling funding cycle of five years for category two
services, which begins the first year that a school receives E-rate
support, and remove the two-in-five rule that applied to priority two
internal connections.''
9. On page 49172, in the first column, in paragraph 95, correct the
third full sentence to read ``Therefore, schools that seek category two
support in funding year 2015 will calculate their available pre-
discount support budget as $150 per student over five years beginning
with funding year 2015.'', and correct the fourth full sentence to read
``Schools that seek category two support in funding year 2016 will
calculate their available pre-discount support budget as $150 per
student, less any of the five year pre-discount budget used in funding
year 2015.'', and correct the fifth full sentence to read ``In later
years, schools that received category two support in funding years 2015
and/or 2016 will calculate their available pre-discount budget based on
$150 per student, less any of the pre-discount budget used in the prior
funding years that are part of that school's five year funding cycle.''
10. On page 49174, in the second column, in paragraph 113, in the
first sentence, first line, remove the word ``Under'' and add in its
place the words ``For example, under.''
11. On page 49176, in the second column, in paragraph 128, in the
second sentence, eleventh line, remove the words ``sufficient funding
for is available'' and add in their place the words ``sufficient
funding is available.''
12. On page 49176, in the third column, in paragraph 128, in the
penultimate sentence, eleventh line, add the word ``will'' after the
word ``We.''
13. On page 49178, in the first column, in paragraph 139, twelfth
line, remove the words ``on-campus use.''
14. On page 49179, in the first column, in paragraph 148, in the
last sentence, thirtieth line, remove the word ``APIs'' and add in its
place the words ``application programming interfaces (APIs).''
15. On page 49181, in the second column, in paragraph 168, correct
the third full sentence to read ``To show that it is authorized to seek
or order eligible services for the applicants, a consortium lead may
provide copies of relevant state statutes or regulations authorizing
consortium leads to seek or order services on members' behalf or other
proof that a consortium lead is authorized to seek or order services on
behalf of its members.''
16. On page 49186, in the first column, in paragraph 202, in the
first sentence, fifth line, remove the words ``discount rate'' and add
in their place the words ``NSLP level of poverty.''
17. On page 49186, correct paragraph 205 to read ``In light of the
benefits to school districts and libraries of adopting a district-wide
discount, we revise Sec. 54.505(b)(4) of our rules to require school
districts to calculate their E-rate discounts by:
dividing the total number of students in the district eligible for the
NSLP by the total number of students in the district and comparing that
single figure against the discount matrix to determine the school
district's discount rate for E-rate supported services. All public
schools and libraries within that public school district will receive
the same discount rate, except under the circumstances described below.
First, for the sake of simplicity, when a library system has branches
or outlets in more than one public school district, that library system
and all library outlets within that system should use the address of
the central outlet or main administrative office to determine which
public school district the library system is in, and should use that
public school district's NSLP level of poverty to determine its
discount rate whether applying as a library system or as one or more
individual library outlets within that system. Second, library systems,
and individual libraries that are not part of a library system, must
separately determine their urban/rural status. All outlets within a
library system receive the same discount rate.''
18. On page 49187, in the first column, in paragraph 210, fifth
line, remove the word ``(Census)'' and add in its place the words
``(Census Bureau).''
19. On page 49187, in the first column, in paragraph 210, in the
third sentence, nineteenth line, add the word ``Bureau'' after the word
``Census.''
20. On page 49187, in the first column, in paragraph 210, in the
fifth sentence, twenty-eighth line, add the word ``Bureau'' after the
word ``Census.''
21. On page 49187, in the first column, in paragraph 210, in the
sixth sentence, thirty-fourth line, add the word ``Bureau'' after the
word ``Census.''
22. On page 49187, in the first column, in paragraph 211, in the
second sentence, third line, add the word ``Bureau'' after the word
``Census.''
23. On page 49187, in the first column, in paragraph 211, in the
third sentence, sixth line, add the word ``Bureau'' after the word
``Census.''
24. On page 49187, in the first column, in paragraph 211, in the
fourth sentence, remove the words ``2010 Census'' and add in their
place the words ``2010 decennial census,'' add the words ``for
urbanized areas and 2,500 to 50,000 for urban clusters'' after the word
``more,'' and remove the words ``of at least 2,500 people that link
to'' and add in their place the words ``containing non-residential
urban land uses as well as territory with low population density
included to link outlying densely settled territory with.''
25. On page 49187, in the first column, in paragraph 211, in the
sixth sentence, twenty-fifth line, remove the word ``Census'' and add
in its place the word ``census.''
26. On page 49187, in the second column, in paragraph 213, remove
the words in the fourth sentence ``Libraries' discount percentages will
continue to be based on that of the public school district in which
they are physically located.'' and add in their place the words
``Libraries' discount percentages will continue to be based on the
level of poverty, CEP or otherwise, of the public school district in
which they are physically located, though library systems and
individual libraries not part of a library system will separately
determine their urban/rural status.''
27. On page 49188, in the second column, in paragraph 218,
nineteenth line, add the word ``on'' before the words ``only the
surveys returned.''
28. On page 49197, in the first and second columns, correct
paragraph 306 to read ``It is further ordered, that pursuant to the
authority contained in sections 1 through 4, 201 through 205, 254,
303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151-154, 201-205, 254, 303(r), and 403, and section 706 of the
Telecommunications Act of 1996, 47 U.S.C. 1302, Part 54 of the
Commission's rules, 47 CFR part 54, is Amended as set forth below, and
such rule amendments shall be effective September 18, 2014, except for
Sec. Sec. 54.503(c), 54.507(d) through (f), 54.514(a), and 54.720(a),
which shall be effective December 18, 2014; Sec. Sec. 54.502(b)(2)
through (3) and (5), 54.504(a), and 54.516(a) through (c), which are
subject to the PRA and will become effective upon announcement in the
Federal Register of OMB approval of the subject information collection
requirements; and except for amendments in Sec. Sec. 54.5, 54.500,
54.501(a)(1), 54.502(a), 54.504(d), 54.507(a) through (c) and (e), and
54.516(d), which shall become effective on July 1, 2015; and amendments
in Sec. Sec. 54.504(f)(4) and (f)(5) and 54.514(c),
[[Page 68634]]
which shall become effective on July 1, 2016.''
Section 54.500 [Corrected]
29. On page 49197, in the Final Rules section, in the third column,
in the definition of Consortium in Sec. 54.500, correct the second
sentence to read ``A consortium may also include health care providers
eligible under subpart G of this part, and public sector (governmental)
entities, including, but not limited to, state colleges and state
universities, state educational broadcasters, counties, and
municipalities, although such entities are not eligible for support.''
30. On page 49198, in the Final Rules section, in the first column,
in the definition of Managed internal broadband services in Sec.
54.500, remove the words ``management, and/or monitoring'' and add in
their place the words ``management, and monitoring'' and remove the
words ``local area network (LAN) and wireless LAN'' and add in their
place the words ``local area network (LAN) and/or wireless LAN.''
Section 54.501 [Corrected]
31. On page 49198, in the Final Rules section, in the first column,
in paragraph (a)(1) of Sec. 54.501, remove the words `` ``elementary
school'' and ``secondary school'' '' and add in their place the words
`` ``elementary school'' or ``secondary school'' ''.
Section 54.502 [Corrected]
32. On page 49198, in the Final Rules section, in the first column,
in paragraph (a) of Sec. 54.502, remove the words ``paragraph (b)''
and add in their place the words ``paragraph (d).''
Correcting Amendments
List of Subjects in 47 CFR Part 54
Communications common carriers, Health facilities, Infants and
children, Libraries, Reporting and recordkeeping requirements, Schools,
Telecommunications, Telephone.
Accordingly, 47 CFR part 54 is corrected by making the following
correcting amendments:
PART 54--UNIVERSAL SERVICE
0
1. The authority citation for part 54 continues to read as follows:
Authority: Sections 1, 4(i), 5, 201, 205, 214, 219, 220, 254,
303(r), and 403 of the Communications Act of 1934, as amended, and
section 706 of the Communications Act of 1996, as amended; 47 U.S.C.
151, 154(i), 155, 201, 205, 214, 219, 220, 254, 303(r), 403, and
1302 unless otherwise noted.
0
2. Effective November 18, 2014, amend Sec. 54.5 by revising the
definition of ``Internet access'' to read as follows:
Sec. 54.5 Terms and definitions.
* * * * *
Internet access. ``Internet access'' includes the following
elements:
(1) The transmission of information as common carriage;
(2) The transmission of information as part of a gateway to an
information service, when that transmission does not involve the
generation or alteration of the content of information, but may include
data transmission, address translation, protocol conversion, billing
management, introductory information content, and navigational systems
that enable users to access information services, and that do not
affect the presentation of such information to users; and
(3) Electronic mail services (email).
0
3. Effective July 1, 2015, amend Sec. 54.5 by revising the definition
of ``Internet access'' to read as follows:
Sec. 54.5 Terms and definitions.
* * * * *
Internet access. ``Internet access'' includes the following
elements:
(1) The transmission of information as common carriage; and
(2) The transmission of information as part of a gateway to an
information service, when that transmission does not involve the
generation or alteration of the content of information, but may include
data transmission, address translation, protocol conversion, billing
management, introductory information content, and navigational systems
that enable users to access information services, and that do not
affect the presentation of such information to users.
* * * * *
0
4. Effective November 18, 2014, amend Sec. 54.504 by revising
paragraph (d) to read as follows:
Sec. 54.504 Requests for services.
* * * * *
(d) Service substitution. (1) The Administrator shall grant a
request by an applicant to substitute a service or product for one
identified on its FCC Form 471 where:
(i) The service or product has the same functionality;
(ii) The substitution does not violate any contract provisions or
state or local procurement laws;
(iii) The substitution does not result in an increase in the
percentage of ineligible services or functions; and
(iv) The applicant certifies that the requested change is within
the scope of the controlling FCC Form 470, including any associated
Requests for Proposal, for the original services.
(2) In the event that a service substitution results in a change in
the pre-discount price for the supported service, support shall be
based on the lower of either the pre-discount price of the service for
which support was originally requested or the pre-discount price of the
new, substituted service.
(3) For purposes of this rule, the broad categories of eligible
services (telecommunications service, Internet access, and internal
connections) are not deemed to have the same functionality with one
another.
0
5. Effective July 1, 2015, amend Sec. 54.504 by revising paragraph (d)
to read as follows:
Sec. 54.504 Requests for services.
* * * * *
(d) Service substitution. (1) The Administrator shall grant a
request by an applicant to substitute a service or product for one
identified on its FCC Form 471 where:
(i) The service or product has the same functionality;
(ii) The substitution does not violate any contract provisions or
state or local procurement laws;
(iii) The substitution does not result in an increase in the
percentage of ineligible services or functions; and
(iv) The applicant certifies that the requested change is within
the scope of the controlling FCC Form 470, including any associated
Requests for Proposal, for the original services.
(2) In the event that a service substitution results in a change in
the pre-discount price for the supported service, support shall be
based on the lower of either the pre-discount price of the service for
which support was originally requested or the pre-discount price of the
new, substituted service.
(3) For purposes of this rule, the two categories of eligible
services are not deemed to have the same functionality as one another.
0
6. In Sec. 54.505:
0
a. Revise paragraph (b)(2).
0
b. In paragraph (b)(3)(i), remove the word ``urbanized'' and add in its
place the word ``urban''.
The revision reads as follows:
Sec. 54.505 Discounts.
* * * * *
(b) * * *
(2) For libraries and library consortia, the level of poverty shall
be based on the percentage of the student enrollment that is eligible
for a free or reduced price lunch under the national school lunch
program or a federally-approved
[[Page 68635]]
alternative mechanism in the public school district in which they are
located and should use that school district's level of poverty to
determine their discount rate when applying as a library system or as
an individual library outlet within that system. When a library system
has branches or outlets in more than one public school district, that
library system and all library outlets within that system should use
the address of the central outlet or main administrative office to
determine which school district the library system is in, and should
use that school district's level of poverty to determine its discount
rate when applying as a library system or as one or more library
outlets. If the library is not in a school district, then its level of
poverty shall be based on an average of the percentage of students
eligible for the national school lunch program in each of the school
districts that children living in the library's location attend.
* * * * *
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-25523 Filed 11-17-14; 8:45 am]
BILLING CODE 6712-01-P
