Assessment and Collection of Regulatory Fees for Fiscal Year 2014; Assessment and Collection of Regulatory Fees for Fiscal Year 2013; and Procedures for Assessment and Collection of Regulatory Fees, 66811-66817 [2015-27630]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 66811-66817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27630]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket Nos. 12-201; 13-140; 14-92; FCC 14-88]


Assessment and Collection of Regulatory Fees for Fiscal Year 
2014; Assessment and Collection of Regulatory Fees for Fiscal Year 
2013; and Procedures for Assessment and Collection of Regulatory Fees

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Commission amends language in its rules 
to reflect that regulatory fees must be paid electronically, and can no 
longer be paid by check or money order. Electronic payments are not 
only cost-effective, they are also efficient and can provide an 
electronic ``paper trail''. As a result, in an effort to improve 
efficiency, the Commission discontinued the practice of paying 
regulatory fees with a check or money order.

DATES: Effective November 30, 2015.

FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing 
Director at (202) 418-0444.

[[Page 66812]]


SUPPLEMENTARY INFORMATION: These revisions to the Commission's rules 
were first published as a proposed rule along with the Commission's 
Assessment and Collection of Regulatory Fees for Fiscal Year 2014, 
Notice of Proposed Rulemaking, 79 FR 37982, July 3, 2014, but it is now 
being published as a final rule.

I. Administrative Matters

A. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980 (RFA),\1\ 
the Commission has prepared a Final Regulatory Flexibility Analysis 
(FRFA) relating to this Report and Order. The FRFA is contained towards 
the end of this document.
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 847 (1996). 
The SBREFA was enacted as Title II of the Contract with America 
Advancement Act of 1996 (CWAAA).
---------------------------------------------------------------------------

B. Final Paperwork Reduction Act of 1995 Analysis

    2. This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. The Commission submitted the PRA documents to the 
Office of Management and Budget (OMB) under section 3507(d) of the PRA, 
and obtained OMB approval on May 30, 2014. Consequently, the 
requirement to obtain OMB approval for new and modified information 
collection has been fulfilled. Finally, we note that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission sought previous comment on how it 
might further reduce the information collection burden on small 
businesses with fewer than 25 employees.

C. Congressional Review Act

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

II. Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\2\ an Initial Regulatory Flexibility Analysis (IRFA) was 
included in the FY 2014 Notice of Proposed Rulemaking to which this 
Order was attached.\3\ The Commission sought written public comment on 
these proposals including comment on the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the IRFA.\4\
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612 has been amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), Public Law 104-121, Title II, 110 Stat. 847 (1996).
    \3\ Assessment and Collection of Regulatory Fees for Fiscal Year 
2014, Assessment and Collection of Regulatory Fees for Fiscal Year 
2013, and Procedures for Assessment and Collection of Regulatory 
Fees, Notice of Proposed Rulemaking, Second Further Notice of 
Proposed Rulemaking, and Order, MD Docket Nos. 14-92, 13-140, and 
12-201, 29 FCC Rcd 6417 (2014) (FY 2014 NPRM).
    \4\ 5 U.S.C. 604.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Order

    5. In this Order, the Commission amends language to sections 
1.1112, 1.1158, 1.1161, and 1.1164 of its rules to note that regulatory 
fee payments must be made electronically, and payments by check and/or 
money order will no longer be accepted.
    6. In various places within the Code of Federal Regulations (CFR), 
the Commission specifies the method of payment that can be made for 
various types of fees (e.g. regulatory fees, application fees, auction 
fees, etc.). The basic method of fee payment has historically been by 
check or money order, but in more recent times, electronic forms of 
payment (e.g. credit card, ACH Debit, and wire transfer) have dominated 
the payment process. Electronic payments are not only cost-effective, 
they are also efficient and can provide an electronic ``paper trail''. 
As a result, in an effort to improve efficiency, the Commission 
discontinued the practice of paying regulatory fees with a check or 
money order. This Order amends the Commission's rules to state that 
payment of regulatory fees must be electronic and checks and/or money 
orders will no longer be accepted as a form of payment.

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

    7. None.

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

    8. 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 proposed rules and policies, if adopted.\5\ The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \6\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\7\ A ``small business concern'' is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the SBA.\8\ Nationwide, there are a total of 
approximately 27.9 million small businesses, according to the SBA.\9\
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 603(b)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \8\ 15 U.S.C. 632.
    \9\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
https://www.sba.gov/sites/default/files/FAQ_Sept_2012.pdf.
---------------------------------------------------------------------------

    9. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``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 communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' \10\ The SBA has developed a small business size 
standard for Wired Telecommunications Carriers, which consists of all 
such companies having 1,500 or fewer employees.\11\ Census data for 
2007 shows that there were 3,188 firms that operated that year. Of this 
total, 3,144 operated with less than 1,000 employees.\12\ Thus, under 
this size standard, the majority of firms in this industry can be 
considered small.
---------------------------------------------------------------------------

    \10\ https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
    \11\ See 13 CFR 120.201, NAICS Code 517110.
    \12\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.

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

[[Page 66813]]

    10. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers as defined in 
paragraph 6 of this FRFA. Under the applicable SBA size standard, such 
a business is small if it has 1,500 or fewer employees.\13\ According 
to Commission data, census data for 2007 shows that there were 3,188 
firms that operated that year. Of this total, 3,144 operated with fewer 
than 1,000 employees.\14\ The Commission therefore estimates that most 
providers of local exchange carrier service are small entities that may 
be affected by the rules adopted.
---------------------------------------------------------------------------

    \13\ 13 CFR 121.201, NAICS code 517110.
    \14\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
---------------------------------------------------------------------------

    11. Incumbent LECs. Neither the Commission nor the SBA has 
developed a small business size standard specifically for incumbent 
local exchange services. The closest applicable NAICS Code category is 
Wired Telecommunications Carriers as defined in paragraph 6 of this 
FRFA. Under that size standard, such a business is small if it has 
1,500 or fewer employees.\15\ According to Commission data, 3,188 firms 
operated in that year. Of this total, 3,144 operated with fewer than 
1,000 employees.\16\ Consequently, the Commission estimates that most 
providers of incumbent local exchange service are small businesses that 
may be affected by the rules and policies adopted. Three hundred and 
seven (307) Incumbent Local Exchange Carriers reported that they were 
incumbent local exchange service providers.\17\ Of this total, an 
estimated 1,006 have 1,500 or fewer employees.\18\
---------------------------------------------------------------------------

    \15\ 13 CFR 121.201, NAICS code 517110.
    \16\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \17\ See Trends in Telephone Service, Federal Communications 
Commission, Wireline Competition Bureau, Industry Analysis and 
Technology Division at Table 5.3 (Sept. 2010) (Trends in Telephone 
Service).
    \18\ Id.
---------------------------------------------------------------------------

    12. 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 NAICS Code category is Wired 
Telecommunications Carriers, as defined in paragraph 6 of this FRFA. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees.\19\ U.S. Census data for 2007 indicate that 3,188 
firms operated during that year. Of that number, 3,144 operated with 
fewer than 1,000 employees.\20\ Based on this data, the Commission 
concludes that the majority of Competitive LECS, CAPs, Shared-Tenant 
Service Providers, and Other Local Service Providers, are 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.\21\ Of these 1,442 
carriers, an estimated 1,256 have 1,500 or fewer employees.\22\ 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.\23\ Also, 72 carriers have reported that they are Other 
Local Service Providers.\24\ Of this total, 70 have 1,500 or fewer 
employees.\25\ Consequently, based on internally researched FCC data, 
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 the rules adopted.
---------------------------------------------------------------------------

    \19\ 13 CFR 121.201, NAICS code 517110.
    \20\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \21\ See Trends in Telephone Service, at Table 5.3.
    \22\ Id.
    \23\ Id.
    \24\ Id.
    \25\ Id.
---------------------------------------------------------------------------

    13. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers as defined in 
paragraph 6 of this FRFA. The applicable size standard under SBA rules 
is that such a business is small if it has 1,500 or fewer 
employees.\26\ U.S. Census data for 2007 indicates that 3,188 firms 
operated during that year. Of that number, 3,144 operated with fewer 
than 1,000 employees.\27\ According to internally developed Commission 
data, 359 companies reported that their primary telecommunications 
service activity was the provision of interexchange services.\28\ Of 
this total, an estimated 317 have 1,500 or fewer employees.\29\ 
Consequently, the Commission estimates that the majority of 
interexchange service providers are small entities that may be affected 
by the rules adopted.
---------------------------------------------------------------------------

    \26\ 13 CFR 121.201, NAICS code 517110.
    \27\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \28\ See Trends in Telephone Service, at Table 5.3.
    \29\ Id.
---------------------------------------------------------------------------

    14. 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 NAICS Code category for 
prepaid calling card providers is Telecommunications Resellers. This 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Mobile virtual 
networks operators (MVNOs) are included in this industry.\30\ Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees.\31\ U.S. Census data for 2007 show that 1,523 firms 
provided resale services during that year. Of that number, 1,522 
operated with fewer than 1,000 employees.\32\ 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.\33\ All 193 carriers 
have 1,500 or fewer employees.\34\ Consequently, the Commission 
estimates that the majority of prepaid calling card providers are small 
entities that may be affected by the rules adopted.
---------------------------------------------------------------------------

    \30\ https://www.census.gov/cgi-bin/ssd/naics/naicsrch.
    \31\ 13 CFR 121.201, NAICS code 517911.
    \32\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \33\ See Trends in Telephone Service, at Table 5.3.
    \34\ Id.
---------------------------------------------------------------------------

    15. 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.\35\ Census data for 2007 show that 1,523 firms provided 
resale services during that year. Of that number, 1,522 operated with 
fewer than 1,000

[[Page 66814]]

employees.\36\ 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.\37\ Of this total, an estimated 211 have 1,500 or fewer 
employees.\38\ Consequently, the Commission estimates that the majority 
of local resellers are small entities that may be affected by the rules 
adopted.
---------------------------------------------------------------------------

    \35\ 13 CFR 121.201, NAICS code 517911.
    \36\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \37\ See Trends in Telephone Service, at Table 5.3.
    \38\ Id.
---------------------------------------------------------------------------

    16. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code Category is 
Telecommunications Resellers, and 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.\39\ Census data for 2007 show that 1,523 
firms provided resale services during that year. Of that number, 1,522 
operated with fewer than 1,000 employees.\40\ 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.\41\ Of this total, an estimated 857 have 1,500 
or fewer employees.\42\ Consequently, the Commission estimates that the 
majority of toll resellers are small entities that may be affected by 
the rules adopted.
---------------------------------------------------------------------------

    \39\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \40\ Id.
    \41\ Trends in Telephone Service, at Table 5.3.
    \42\ Id.
---------------------------------------------------------------------------

    17. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined in paragraph 6 of this 
FRFA. Under the applicable SBA size standard, such a business is small 
if it has 1,500 or fewer employees.\43\ Census data for 2007 shows that 
there were 3,188 firms that operated that year. Of this total, 3,144 
operated with fewer than 1,000 employees.\44\ Thus, under this category 
and the associated small business size standard, the majority of Other 
Toll Carriers can be considered small. According to internally 
developed Commission data, 284 companies reported that their primary 
telecommunications service activity was the provision of other toll 
carriage.\45\ Of these, an estimated 279 have 1,500 or fewer 
employees.\46\ Consequently, the Commission estimates that most Other 
Toll Carriers are small entities that may be affected by the rules and 
policies adopted.
---------------------------------------------------------------------------

    \43\ 13 CFR 121.201, NAICS code 517110.
    \44\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \45\ Trends in Telephone Service, at Table 5.3.
    \46\ Id.
---------------------------------------------------------------------------

    18. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves, such as cellular services, paging services, wireless internet 
access, and wireless video services.\47\ The appropriate size standard 
under SBA rules is that such a business is small if it has 1,500 or 
fewer employees. For this industry, Census data for 2007 show that 
there were 1,383 firms that operated for the entire year. Of this 
total, 1,368 firms had fewer than 1,000 employees. Thus under this 
category and the associated size standard, the Commission estimates 
that the majority of wireless telecommunications carriers (except 
satellite) are small entities. Similarly, according to internally 
developed Commission data, 413 carriers reported that they were engaged 
in the provision of wireless telephony, including cellular service, 
Personal Communications Service (PCS), and Specialized Mobile Radio 
(SMR) services.\48\ Of this total, an estimated 261 have 1,500 or fewer 
employees.\49\ Consequently, the Commission estimates that 
approximately half of these firms can be considered small. Thus, using 
available data, we estimate that the majority of wireless firms can be 
considered small.
---------------------------------------------------------------------------

    \47\ NAICS Code 517210. See https://www.census.gov/cgi-bin/ssd/naics/naiscsrch.
    \48\ Trends in Telephone Service, at Table 5.3
    \49\ Id.
---------------------------------------------------------------------------

    19. Cable Television and Other Subscription Programming.\50\ 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.'' \51\ The SBA has developed a small 
business size standard for this category, which is: All such firms 
having 1,500 or fewer employees.\52\ Census data for 2007 shows that 
there were 3,188 firms that operated that year. Of this total, 3,144 
had fewer than 1,000 employees.\53\ Thus under this size standard, the 
majority of firms offering cable and other program distribution 
services can be considered small and may be affected by rules adopted.
---------------------------------------------------------------------------

    \50\ In 2014, ``Cable and Other Subscription Programming,'' 
NAICS Code 515210, replaced a prior category, now obsolete, which 
was called ``Cable and Other Program Distribution.'' Cable and Other 
Program Distribution, prior to 2014, was placed under NAICS Code 
517110, Wired Telecommunications Carriers. Wired Telecommunications 
Carriers is still a current and valid NAICS Code Category. Because 
of the similarity between ``Cable and Other Subscription 
Programming'' and ``Cable and other Program Distribution,'' we will, 
in this proceeding, continue to use Wired Telecommunications Carrier 
data based on the U.S. Census. The alternative of using data 
gathered under Cable and Other Subscription Programming (NAICS Code 
515210) is unavailable to us for two reasons. First, the size 
standard established by the SBA for Cable and Other Subscription 
Programming is annual receipts of $38.5 million or less. Thus to use 
the annual receipts size standard would require the Commission 
either to switch from existing employee based size standard of 1,500 
employees or less for Wired Telecommunications Carriers, or else 
would require the use of two size standards. No official approval of 
either option has been granted by the Commission as of the time of 
the release of the FY 2015 NPRM. Second, the data available under 
the size standard of $38.5 million dollars or less is not applicable 
at this time, because the only currently available U.S. Census data 
for annual receipts of all businesses operating in the NAICS Code 
category of 515210 (Cable and other Subscription Programming) 
consists only of total receipts for all businesses operating in this 
category in 2007 and of total annual receipts for all businesses 
operating in this category in 2012. The data do not provide any 
basis for determining, for either year, how many businesses were 
small because they had annual receipts of $38.5 million or less. See 
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51I2&prodType=table.
    \51\ U.S. Census Bureau, 2007 NAICS Definitions, ``517110 Wired 
Telecommunications Carriers'' (partial definition), (Full definition 
stated in paragraph 6 of this IRFA) available at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
    \52\ 13 CFR 121.201, NAICS code 517110.
    \53\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US-51SSSZ5&prodType=Table.
---------------------------------------------------------------------------

    20. Cable Companies and Systems. The Commission has developed its 
own

[[Page 66815]]

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.\54\ Industry data indicate 
that there are currently 4,600 active cable systems in the United 
States.\55\ Of this total, all but ten cable operators nationwide are 
small under the 400,000-subscriber size standard.\56\ In addition, 
under the Commission's rate regulation rules, a ``small system'' is a 
cable system serving 15,000 or fewer subscribers.\57\ Current 
Commission records show 4,600 cable systems nationwide.\58\ Of this 
total, 3,900 cable systems have less than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers, based on the same records.\59\ 
Thus, under this standard as well, we estimate that most cable systems 
are small entities.
---------------------------------------------------------------------------

    \54\ 47 CFR 76.901(e).
    \55\ August 15, 2015 Report from the Media Bureau based on data 
contained in the Commission's Cable Operations And Licensing System 
(COALS). See www/fcc.gov/coals.
    \56\ See SNL KAGAN at Https://snl.cominteractiveX top cable MSOs 
aspx?period2015Q1&sortcol=subscribersbasic&sortorder=desc.
    \57\ 47 CFR 76.901(c).
    \58\ See footnote 2, supra.
    \59\ August 5, 2015 report from the Media Bureau based on its 
research in COALS. See www.fcc.gov/coals.
---------------------------------------------------------------------------

    21. Cable System Operators (Telecom Act Standard). 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.'' \60\ There are approximately 
52,403,705 cable video subscribers in the United States today.\61\ 
Accordingly, an operator serving fewer than 524,037 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.\62\ Based on available data, we find that all 
but nine incumbent cable operators are small entities under this size 
standard.\63\ 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.\64\ Although 
it seems certain that some of these cable system operators are 
affiliated with entities whose gross annual revenues exceed 
$250,000,000, we are unable at this time to estimate with greater 
precision the number of cable system operators that would qualify as 
small cable operators under the definition in the Communications Act.
---------------------------------------------------------------------------

    \60\ 47 CFR 901 (f) and notes ff. 1, 2, and 3.
    \61\ See SNL KAGAN at htpps://www.snl.com/interactivex/MultichannelIndustryBenchmarks.aspx.
    \62\ 47.901(f) and notes ff. 1, 2, and 3.
    \63\ See SNL KAGAN at www.snl.com/Interactivex/TopCable 
MSOs.aspx.
    \64\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's 
finding that the operator does not qualify as a small cable operator 
pursuant to 76.901(f) of the Commission's rules. See 47 CFR 
76.901(f).
---------------------------------------------------------------------------

    22. All Other Telecommunications. ``All Other Telecommunications'' 
is defined as follows: This U.S. industry is comprised of 
establishments that are 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 Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.\65\ The SBA has 
developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less.\66\ For this category, census 
data for 2007 show that there were 2,383 firms that operated for the 
entire year. Of these firms, a total of 2,346 had gross annual receipts 
of less than $25 million.\67\ Thus, a majority of ``All Other 
Telecommunications'' firms potentially affected by the rules adopted 
can be considered small.
---------------------------------------------------------------------------

    \65\ https://www.census.gov/cgi-bin/ssssd/naics/naicsrch.
    \66\ 13 CFR 121.201; NAICS Code 517919.
    \67\ https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
---------------------------------------------------------------------------

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

    23. This Report and Order does not adopt any new reporting, 
recordkeeping, or other compliance requirements.

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

    24. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its approach, which may 
include the following four alternatives, among others: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\68\
---------------------------------------------------------------------------

    \68\ 5 U.S.C. 603(c)(1) through(c)(4).
---------------------------------------------------------------------------

    25. This Order does not adopt any new reporting requirements. 
Therefore no adverse economic impact on small entities will be 
sustained based on reporting requirements. There will be a regulatory 
fee instituted on DBS providers due to the adoption of a new fee 
category, but we anticipate that the two primary DBS companies required 
to pay these fees are not small entities. Similarly, a new regulatory 
fee for Responsible Organizations (Resp. Org) has also been instituted 
in FY 2015 for the toll free number fee category that was previously 
adopted--the fee rate adopted is 12 cents per year. This is not a new 
reporting requirement, and should not have any adverse economic impact 
on small Resp. Org. entities because they are able to recover these 
assessed fees from their customers.
    26. In keeping with the requirements of the Regulatory Flexibility 
Act, we have considered certain alternative means of mitigating the 
effects of fee increases to a particular industry segment. For example, 
beginning in FY 2015 the Commission has increased the de minimis 
threshold from under $10 to $500 (the total of all regulatory fees), 
which will impact many small entities that pay regulatory fees for 
ITSP, paging, cellular, cable, and Low Power Television/FM Translators. 
Historically, many of these small entities have been late in making 
their fee payments to the Commission by the due date. This increase in 
the de minimis threshold to $500 will relieve regulatees both 
financially and administratively. Finally, regulatees may also seek 
waivers or other relief on the basis of financial hardship. See 47 CFR 
1.1166.

[[Page 66816]]

F. Federal Rules That May Duplicate, Overlap, or Conflict

    27. None.

III. Ordering Clauses

    28. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 
(j), 9, and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 159, and 303(r), this Order IS HEREBY ADOPTED.
    29. IT IS FURTHER ORDERED that this Order SHALL BE EFFECTIVE 
November 30, 2015.
    30. IT IS FURTHER ORDERED that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this Order, including the Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the U.S. Small Business 
Administration.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. 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, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, 
and 1455.


0
2. Section 1.1112 is amended by revising paragraphs (a) and (b), 
redesignating paragraphs (e) and (f) as paragraphs (f) and (g), and by 
adding new paragraph (e) to read as follows:


Sec.  1.1112  Form of payment.

    (a) Annual and multiple year regulatory fees must be paid 
electronically as described in paragraph (e) of this section. Fee 
payments, other than annual and multiple year regulatory fee payments, 
should be in the form of a check, cashier's check, or money order 
denominated in U.S. dollars and drawn on a United States financial 
institution and made payable to the Federal Communications Commission 
or by a Visa, MasterCard, American Express, or Discover credit card. No 
other credit card is acceptable. Fees for applications and other 
filings paid by credit card will not be accepted unless the credit card 
section of FCC Form 159 is completed in full. The Commission 
discourages applicants from submitting cash and will not be responsible 
for cash sent through the mail. Personal or corporate checks dated more 
than six months prior to their submission to the Commission's lockbox 
bank and postdated checks will not be accepted and will be returned as 
deficient. Third party checks (i.e., checks with a third party as maker 
or endorser) will not be accepted.
    (1) Although payments (other than annual and multiple year 
regulatory fee payments) may be submitted in the form of a check, 
cashier's check, or money order, payors of these fees are encouraged to 
submit these payments electronically under the procedures described in 
paragraph (e) of this section.
    (2) Specific procedures for electronic payments are announced in 
Bureau/Office fee filing guides.
    (3) It is the responsibility of the payer to insure that any 
electronic payment is made in the manner required by the Commission. 
Failure to comply with the Commission's procedures will result in the 
return of the application or other filing.
    (4) To insure proper credit, applicants making wire transfer 
payments must follow the instructions set out in the appropriate Bureau 
Office fee filing guide.
    (b) Applicants are required to submit one payment instrument 
(check, cashier's check, or money order) and FCC Form 159 with each 
application or filing; multiple payment instruments for a single 
application or filing are not permitted. A separate Fee Form (FCC Form 
159) will not be required once the information requirements of that 
form (the Fee Code, fee amount, and total fee remitted) are 
incorporated into the underlying application form.
* * * * *
    (e) Annual and multiple year regulatory fee payments shall be 
submitted by online ACH payment, online Visa, MasterCard, American 
Express, or Discover credit card payment, or wire transfer payment 
denominated in U.S. dollars and drawn on a United States financial 
institution and made payable to the Federal Communications Commission. 
No other credit card is acceptable. Any other form of payment for 
regulatory fees (e.g., paper checks) will be rejected and sent back to 
the payor.
* * * * *

0
3. Section 1.1158 is amended by revising the introductory text and 
paragraph (a) to read as follows:


Sec.  1.1158  Form of payment for regulatory fees.

    Any annual and multiple year regulatory fee payment must be 
submitted by online Automatic Clearing House (ACH) payment, online 
Visa, MasterCard, American Express, or Discover credit card payment, or 
wire transfer payment denominated in U.S. dollars and drawn on a United 
States financial institution and made payable to the Federal 
Communications Commission. No other credit card is acceptable. Any 
other form of payment for annual and multiple year regulatory fees 
(e.g., paper checks, cash) will be rejected and sent back to the payor. 
The Commission will not be responsible for cash, under any 
circumstances, sent through the mail.
    (a) Payors making wire transfer payments must submit an 
accompanying FCC Form 159-E via facsimile.
* * * * *

0
4. Section 1.1161 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.1161  Conditional license grants and delegated authorizations.

    (a) Grant of any application or an instrument of authorization or 
other filing for which an annual or multiple year regulatory fee is 
required to accompany the application or filing will be conditioned 
upon final payment of the current or delinquent regulatory fees. 
Current annual and multiple year regulatory fees must be paid 
electronically as described in Sec.  1.1112(e). For all other fees, 
(e.g., application fees, delinquent regulatory fees) final payment 
shall mean receipt by the U.S. Treasury of funds cleared by the 
financial institution on which the check, cashier's check, or money 
order is drawn. Electronic payments are considered timely when a wire 
transfer was received by the Commission's bank no later than 6:00 p.m. 
on the due date; confirmation to pay.gov that a credit card payment was 
successful no later than 11:59 p.m. (EST) on the due date; or 
confirmation an ACH was credited no later than 11:59 p.m. (EST) on the 
due date.
* * * * *
0
5. Section 1.1164 is amended by revising the introductory text to read 
as follows:


Sec.  1.1164  Penalties for late or insufficient regulatory fee 
payments.

    Electronic payments are considered timely when a wire transfer was 
received by the Commission's bank no later than 6:00 p.m. on the due 
date; confirmation to pay.gov that a credit card payment was successful 
no later

[[Page 66817]]

than 11:59 p.m. (EST) on the due date; or confirmation an ACH was 
credited no later than 11:59 p.m. (EST) on the due date. In instances 
where a non-annual regulatory payment (i.e., delinquent payment) is 
made by check, cashier's check, or money order, a timely fee payment or 
installment payment is one received at the Commission's lockbox bank by 
the due date specified by the Commission or by the Managing Director. 
Where a non-annual regulatory fee payment is made by check, cashier's 
check, or money order, a timely fee payment or installment payment is 
one received at the Commission's lockbox bank by the due date specified 
by the Commission or the Managing Director. Any late payment or 
insufficient payment of a regulatory fee, not excused by bank error, 
shall subject the regulatee to a 25 percent penalty of the amount of 
the fee of installment payment which was not paid in a timely manner.
* * * * *
[FR Doc. 2015-27630 Filed 10-29-15; 8:45 am]
BILLING CODE 6712-01-P