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]
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BILLING CODE 9110–12–P
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
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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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 costeffective, 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.
SUMMARY:
DATES:
Effective November 30, 2015.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
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Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
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.
SUPPLEMENTARY INFORMATION:
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.
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
II. Regulatory Flexibility Analysis
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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
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).
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).
14:41 Oct 29, 2015
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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 costeffective, 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.
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).
VerDate Sep<11>2014
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
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
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.
5 5 U.S.C. 603(b)(3).
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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
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.
65
U.S.C. 601(6).
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.
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.
75
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Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
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.
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
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
13 13
CFR 121.201, NAICS code 517110.
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14 https://factfinder.census.gov/faces/
tableservices/jsf/pages/
productview.xhtml?pid=ECN_2007_US_
51SSSZ5&prodType=table.
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.
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14:41 Oct 29, 2015
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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.
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
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.
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.
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66813
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.
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.
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
28 See
Trends in Telephone Service, at Table 5.3.
29 Id.
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.
35 13 CFR 121.201, NAICS code 517911.
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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.
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.
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
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.
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.
43 13 CFR 121.201, NAICS code 517110.
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14:41 Oct 29, 2015
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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.
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.
19. Cable Television and Other
Subscription Programming.50 Since
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.
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.
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
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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.
20. Cable Companies and Systems.
The Commission has developed its own
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.
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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.
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
54 47
CFR 76.901(e).
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.
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.
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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.
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 clientsupplied 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.
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.
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).
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.
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66815
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
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.
68 5
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Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
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
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.
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:
■
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§ 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
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14:41 Oct 29, 2015
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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.
*
*
*
*
*
■ 3. Section 1.1158 is amended by
revising the introductory text and
paragraph (a) to read as follows:
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§ 1.1158
fees.
Form of payment for regulatory
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.
*
*
*
*
*
■ 4. Section 1.1161 is amended by
revising paragraph (a) to read as follows:
§ 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
§ 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.
*
*
*
*
*
■ 5. Section 1.1164 is amended by
revising the introductory text to read as
follows:
§ 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
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[FR Doc. 2015–27630 Filed 10–29–15; 8:45 am]
an immediate safety risk. This interim
final rule does not impact the existing
rules on the transport of lithium
batteries or other portable electronic
devices that are transported for personal
use in a passenger’s checked or carry-on
baggage.
Because the actions taken in this
interim final rule address a public safety
risk, PHMSA finds that good cause
exists to amend the regulations without
advance notice and opportunity for
public comment. For the reasons
described below, public notice is
impracticable, unnecessary, and
contrary to the public interest. PHMSA
encourages persons to participate in this
rulemaking by submitting comments
containing relevant information, data, or
views. We will consider all comments
received on or before the closing date
for comments. We will consider late
filed comments to the extent
practicable. This interim final rule may
be amended based on comments
received.
BILLING CODE 6712–01–P
DATES:
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.
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 175
[Docket No. PHMSA–2015–0165]
RIN 2137–AF12
Hazardous Materials: Carriage of
Battery-Powered Electronic Smoking
Devices in Passenger Baggage
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Interim final rule.
AGENCY:
PHMSA is issuing an interim
final rule to prohibit passengers and
crewmembers from carrying batterypowered portable electronic smoking
devices (e.g., e-cigarettes, e-cigs, ecigars, e-pipes, e-hookahs, personal
vaporizers, electronic nicotine delivery
systems) in checked baggage and
prohibit passengers and crewmembers
from charging the devices and/or
batteries on board the aircraft. These
devices may continue to be carried in
carry-on baggage. This action is
consistent with a similar action taken by
the International Civil Aviation
Organization (ICAO) that incorporated
this restriction into the 2015–2016
Edition of the ICAO Technical
Instructions for the Safe Transport of
Dangerous Goods by Air by way of an
addendum and is necessary to address
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SUMMARY:
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Jkt 238001
Effective Date: The effective date
of these amendments is November 6,
2015.
Comments: Comments must be
received by November 30, 2015.
ADDRESSES: You may submit comments
by any of the following methods:
1. Federal Rulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Fax: 1–202–493–2251.
3. Mail: Docket Management System;
U.S. Department of Transportation,
Dockets Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
4. Hand Delivery: To U.S. Department
of Transportation, Dockets Operations,
M–30, Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. Monday through Friday,
except Federal holidays.
Instructions: Include the agency name
and docket number PHMSA–2015–0165
or RIN 2137–AF12 for this rulemaking
at the beginning of your comment. Note
that all comments received will be
posted without change to https://
www.regulations.gov including any
personal information provided. If sent
by mail, comments must be submitted
in duplicate. Persons wishing to receive
confirmation of receipt of their
comments must include a self-addressed
stamped postcard.
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
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66817
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.), as described
in the system of records notice (DOT/
ALL–14 FDMS), which can be reviewed
at www.dot.gov/privacy.
Docket: You may view the public
docket through the Internet at https://
www.regulations.gov or in person at the
Docket Operations office at the above
address (See ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Kevin A. Leary, Standards and
Rulemaking Division, Pipeline and
Hazardous Materials Safety
Administration, telephone (202) 366–
8553.
SUPPLEMENTARY INFORMATION:
I. Background
A battery-powered portable electronic
smoking device (e-cigarette), also called
an e-cig, a personal vaporizer or
electronic nicotine delivery system, is a
battery-powered device that simulates
tobacco smoking. E-cigarettes contain a
liquid, an atomizer or heating element,
and a battery. When an e-cigarette is
operated by a user, the heating element
vaporizes the liquid. Many e-cigarettes
are designed to look like traditional
cigarettes, but they are also made to look
like cigars, pipes, and even everyday
products such as pens. The use of ecigarettes has been rising substantially
and e-cigarettes have increasingly
become a common item in passenger
baggage. Airline passengers and
crewmembers are currently permitted to
carry these devices under the provisions
for portable electronic devices
contained in 49 CFR 175.10(a)(18).
However, the provisions for portable
electronic devices do not adequately
address the safety risks posed by ecigarettes, which include a heating
element as a function of their design.
Recent fire incidents involving ecigarettes in checked baggage, along
with actions taken by the Federal
Aviation Administration (FAA) and
ICAO, highlight the need for PHMSA to
take prompt action to address this issue.
On August 9, 2014, at Boston’s Logan
Airport, an e-cigarette contained in a
passenger’s checked bag in the cargo
hold of a passenger aircraft caused a fire
that forced an evacuation of the aircraft.
An airline ramp agent noticed smoke
coming from the bag. The bag was
removed from the aircraft cargo
compartment and investigators
determined the source of the fire was an
e-cigarette, which continued to burn
after it was removed from the bag. Air
carrier personnel extinguished the fire.
Massport Fire responded and ensured
the fire was no longer burning. The fire
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Agencies
[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\
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\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.
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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.
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\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.
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[[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.
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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\
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\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.
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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.
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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.
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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.
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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.
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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.
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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.
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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\
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\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.
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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.
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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
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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.
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[FR Doc. 2015-27630 Filed 10-29-15; 8:45 am]
BILLING CODE 6712-01-P