Mobility Fund Phase II Challenge Process Handsets and Access Procedures for the Challenge Process Portal, 254-257 [2017-28421]
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Eric Letvin,
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Security, Federal Emergency Management
Agency.
[FR Doc. 2017–28429 Filed 1–2–18; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
In this document, the Rural
Broadband Auctions Task Force, with
the Wireline Competition Bureau and
the Wireless Telecommunications
Bureau, provide further guidance on the
handsets that mobile wireless providers
in the Mobility Fund Phase II challenge
process can designate for challengers to
use when conducting speed tests in
areas deemed presumptively ineligible
for MF–II support. This document
adopts procedures for challengers to
request access to the Universal Service
Administrative Company challenge
process portal.
SUMMARY:
Parties may submit the list of
provider-approved handsets as part of
their 4G LTE coverage data filings due
by January 4, 2018, or they may elect to
supplement those filings with the
handset list by no later than thirty days
following the publication of this
document in the Federal Register.
DATES:
jstallworth on DSKBBY8HB2PROD with RULES
[WC Docket No. 10–90, WT Docket No. 10–
208; DA 17–1218]
Mobility Fund Phase II Challenge
Process Handsets and Access
Procedures for the Challenge Process
Portal
Federal Communications
Commission.
ACTION: Final rule; requirements and
procedures.
AGENCY:
VerDate Sep<11>2014
15:15 Jan 02, 2018
Jkt 244001
Submit responses to the
MF–II 4G LTE data collections,
including the list of provider-approved
handsets, at www.fcc.gov/MF2-LTECollection. Submit waivers by email to
ADDRESSES:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
mf2challengeprocess@fcc.gov or by hard
copy to Margaret W. Wiener, Chief,
Auctions and Spectrum Access
Division, Wireless Telecommunications
Bureau, FCC, 445 12th Street SW, Room
6–C217, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Wireless Telecommunications Bureau,
Auction and Spectrum Access Division,
Jonathan McCormack, at (202) 418–
0660.
This is a
summary of the Public Notice (MF–II
Challenge Process Handset Public
Notice), WC Docket No. 10–90, WT
Docket No. 10–208, DA 17–1218,
adopted on December 20, 2017, and
released on December 20, 2017. The
complete text of the MF–II Challenge
Process Handset Public Notice is
available for public inspection and
copying from 8:00 a.m. to 4:30 p.m.
Eastern Time (ET) Monday through
Thursday or from 8:00 a.m. to 11:30 a.m.
ET on Fridays in the FCC Reference
Information Center, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
The complete text is also available on
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03JAR1.SGM
03JAR1
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations
jstallworth on DSKBBY8HB2PROD with RULES
the Commission’s website at https://
ecfsapi.fcc.gov/file/122011224060/DA17-1218A1.pdf. Alternative formats are
available to persons with disabilities by
sending an email to FCC504@fcc.gov or
by calling the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
1. The Rural Broadband Auctions
Task Force (Task Force), in conjunction
with the Wireline Competition Bureau
and the Wireless Telecommunications
Bureau (Bureaus), provides further
requirements for the handsets that
mobile wireless providers in the
Mobility Fund Phase II (MF–II)
challenge process must designate for
challengers to use when conducting
speed tests in areas deemed
presumptively ineligible for MF–II
support. In addition, the Bureaus adopt
procedures for challengers to request
access to the Universal Service
Administrative Company (USAC)
challenge process portal.
I. Handset Requirements
2. Under the MF–II Challenge Process
Order, 82 FR 42473, September 8, 2017,
the MF–II challenge process will begin
with a new, one-time collection of
current, standardized coverage data on
qualified 4G LTE service, which the
Commission will use to establish the
map of areas presumptively eligible for
MF–II support.
3. As part of the new, one-time data
collection, each mobile wireless
provider with qualified 4G LTE
coverage is required to identify at least
three readily-available handset models
appropriate for testing its coverage, at
least one of which must be compatible
with industry-standard drive test
software. The Commission also directed
the Bureaus to propose and adopt
further guidance on the types of devices
that may be used for speed tests.
4. After release of the MF–II Challenge
Process Order, the Task Force, in
conjunction with the Bureaus, released
instructions for submitting the new 4G
LTE coverage data, including the
handset list, and announced a deadline
of January 4, 2018, to submit the
required coverage information. Pursuant
to the Commission’s direction, the
Bureaus subsequently sought comment
on proposed requirements to ensure that
at least one designated handset is
compatible with industry-standard drive
test software.
5. After consideration of these
comments, the Bureaus provide further
requirements for the types of devices
that may be used for speed tests. First,
each provider must identify in its filing
at least one device that is either: (a)
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15:15 Jan 02, 2018
Jkt 244001
Officially supported by the latest
versions of industry-standard drive test
software, such as JDSU, ZK–SAM,
Rohde & Schwartz, or TEMS; or (b)
engineering-capable and able to be
unlocked and put into diagnostic mode
to interface with drive test software.
Second, at least one of the three
specified devices must run the Android
operating system. This device can be the
same device as the one that meets the
requirements adopted for compatibility
with drive-test software, but it need not
be. Because the coverage data submitted
by affiliated entities will be
consolidated when made available to
challengers through the USAC portal,
the Bureaus will consolidate the
submitted provider handset data for
such entities to the extent that the lists
of handsets differ.
6. Parties may file the foregoing
handset information with their January
4, 2018 filings, or they may elect to
supplement those filings with that
handset information no later than thirty
days following the publication of the
MF–II Challenge Process Handset Public
Notice in the Federal Register.
II. Accessing the USAC Portal
7. Participants in the MF–II challenge
process must use the USAC portal to file
a challenge and/or respond to a
challenge, as well as to access certain
information that is pertinent to a
challenge. The Commission directed the
Bureaus to detail the process by which
an interested party may request a USAC
account to access the portal.
8. The process for interested parties
and challenged providers to request
access to the USAC portal is as follows.
Any eligible service provider wishing to
participate in the challenge process
must provide to the Commission, via
web-based form, the legal name of the
entity, its FCC Registration Number
(FRN), and the name(s) and email
address(es) of the user(s) (up to a
maximum of three users) that should be
granted access to the portal. Any
government entity (i.e., a local, state, or
Tribal government entity) that wishes to
participate in the challenge process also
must provide the legal name of the
entity, its legal jurisdiction, and the
name(s) and email address(es) of the
user(s) (up to a maximum of three users)
that should be granted access to the
portal. The web page address and date
by which to submit this contact
information will be announced at a later
date.
9. The Bureaus encourage parties that
may have an interest in participating in
the challenge process to provide this
contact information as soon as the form
is available. Providing this contact
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
255
information does not represent a
commitment or obligation to participate
in the challenge process.
10. For a party that files a waiver
petition with the Commission seeking to
participate in the MF–II challenge
process as a challenger (because it is not
a service provider or a government
entity), the Bureaus require such a party
to submit the first and last name of the
user(s) that should have access to the
portal on its behalf, and the email
address(es) of the user(s), up to a
maximum of three users, as part of its
petition for waiver. Any waiver petition
must be submitted to
mf2challengeprocess@fcc.gov. The
Bureaus strongly encourage any
interested party to file a waiver petition
as soon as practicable.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
11. The MF–II Challenge Process
Handset Public Notice implements the
information collection requirements
adopted in the MF–II Challenge Process
Order and does not contain any new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13, 44 U.S.C. 3501–3520. The
Commission sought and received PRA
approval from the Office of Management
and Budget (OMB) under its emergency
processing procedures for the
information collection requirements
associated with the qualified 4G LTE
coverage data collection, as adopted in
the MF–II Challenge Process Order and
further explained in the MF–II
Challenge Process Handset Public
Notice. The OMB control number for
this collection is OMB 3060 1242. The
Commission is currently seeking PRA
approval for the information collection
requirements related to the challenge
process itself, as adopted in the MF–II
Challenge Process Order and further
explained in the MF–II Challenge
Process Handset Public Notice. The MF–
II Challenge Process Handset Public
Notice does not adopt any additional
information collection requirements
beyond those adopted in the MF–II
Challenge Process Order.
B. Supplemental Final Regulatory
Flexibility Analysis
12. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission prepared Initial
Regulatory Flexibility Analyses (IRFAs)
in connection with the USF/ICC
Transformation FNPRM, 76 FR 78383,
December 16, 2011, the 2014 CAF
FNPRM, 80 FR 4445, January 27, 2015,
and the MF–II FNPRM, 82 FR 13413,
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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations
jstallworth on DSKBBY8HB2PROD with RULES
March 13, 2017 (collectively, MF–II
FNPRMs). A Supplemental Initial
Regulatory Flexibility Analysis (SIRFA)
was also filed in the MF–II Challenge
Process Comment Public Notice, 82 FR
51180, November 3, 2017, in this
proceeding. The Commission sought
written public comment on the
proposals in MF–II FNPRMs and in the
MF–II Challenge Process Comment
Public Notice, including comments on
the IRFAs and SIRFA. The Commission
received three comments in response to
the MF–II FNPRM IRFA. No comments
were filed addressing the USF/ICC
Transformation FNPRM IRFA, the 2014
CAF FNPRM IRFA, or the MF–II
Challenge Process Comment Public
Notice SIRFA. The Commission
included Final Regulatory Flexibility
Analyses (FRFAs) in connection with
the 2014 CAF Order, the MF–II Order,
and the MF–II Challenge Process Order
(collectively, the MF–II Orders). This
Supplemental Final Regulatory
Flexibility Analysis (SFRFA)
supplements the FRFAs in the MF–II
Orders to reflect the actions taken in the
MF–II Challenge Process Handset Public
Notice and conforms to the RFA.
1. Need for, and Objectives of, The MF–
II Challenge Process Handset Public
Notice
13. The MF–II Challenge Process
Handset Public Notice provides further
requirements on the handsets that
mobile wireless providers in the MF–II
challenge process must designate for
challengers to use when conducting
speed tests in areas deemed
presumptively ineligible for MF–II
support. In addition, the MF–II
Challenge Process Handset Public
Notice adopts procedures for
challengers to request access to the
USAC challenge process portal.
14. Following the release of the MF–
II Orders, the Commission released the
MF–II Challenge Process Comment
Public Notice. The MF–II Challenge
Process Comment Public Notice
proposed and sought comment on
specific parameters and procedures to
implement the MF–II challenge process,
including requirements for the providerapproved handsets that prospective
challengers will use to conduct speed
tests, and the process by which
challengers and respondents can request
access to the USAC portal. The MF–II
Challenge Process Comment Public
Notice did not change matters adopted
in the MF–II Orders and requested
comment on how the proposals in the
MF–II Challenge Process Comment
Public Notice might affect the previous
regulatory flexibility analyses in this
proceeding.
VerDate Sep<11>2014
15:15 Jan 02, 2018
Jkt 244001
15. The MF–II Challenge Process
Handset Public Notice establishes
procedures for providers to identify at
least three readily available handset
models appropriate for testing those
providers’ coverage, and establishes that
the Bureaus will consolidate submitted
provider handset data for affiliated
entities to the extent that the lists of
handsets differ. In addition, providers
are required to specify at least one
handset running on the Android
operating system, and at least one
handset that is either compatible with
the latest versions of drive test software,
or is capable of being unlocked and
configured to run the latest versions of
drive test software.
16. The procedures also require all
eligible service providers wishing to
participate in the challenge process to
provide to the Commission the legal
name of the entity, its FRN, and the
name(s) and email address(es) of the
user(s) (up to a maximum of three users)
that should be granted access to the
portal. Any government entity (i.e., a
local, state, or Tribal government entity)
that wishes to participate in the
challenge process also must provide the
legal name of the entity, its legal
jurisdiction, and the name(s) and email
address(es) of the user(s) (up to a
maximum of three users) that should be
granted access to the portal. A webbased form will be used to collect this
information. A party that files a waiver
petition with the Commission seeking to
participate in the MF–II challenge
process as a challenger (because it is not
a service provider or a government
entity), must submit the first and last
name of the user(s) that should have
access to the portal on its behalf, and
the email address(es) of the user(s), up
to a maximum of three users, as part of
its petition for waiver.
17. Finally, the requirements
established in the MF–II Challenge
Process Handset Public Notice are
designed to anticipate the challenges
faced by small entities (e.g.,
governmental entities or small service
providers) in complying with the
Bureaus’ implementation of the
Commission’s rules and our proposals.
For example, the requirement that
providers specify a minimum of three
devices, at least one of which must be
running on the Android operating
system, is intended to provide small
entities with sufficient flexibility to
choose a device that fits their needs and
budgets.
18. Accordingly, the handset
requirements and portal access
procedures established in the MF–II
Challenge Process Handset Public
Notice are consistent with the MF–II
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Orders and the prior regulatory
flexibility analyses set forth in this
proceeding, and no changes to the
Bureaus’ earlier analyses are required.
2. Summary of Significant Issues Raised
by Public Comments in Response to the
SIRFA
19. There were no comments filed
that specifically addressed the proposed
procedures presented in the SIRFA.
3. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
20. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rule(s) as
a result of those comments.
21. The Chief Counsel did not file any
comments in response to the proposed
procedures in this proceeding.
4. Description and Estimate of the
Number of Small Business Entities To
Which the Procedures Will Apply
22. 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, if adopted herein.
The RFA generally defines the term
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A ‘‘small business concern’’ is one
which: (1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
23. As noted above, FRFAs were
incorporated into the MF–II Orders. In
those analyses, the Bureaus described in
detail the small entities that might be
significantly affected. In the MF–II
Challenge Process Handset Public
Notice, the Bureaus incorporate by
reference the descriptions and estimates
of the number of small entities from the
previous FRFAs in the MF–II Orders.
5. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
24. The data, information and
document collection required by the
MF–II Orders as described in the
previous FRFAs and the SIRFA in the
MF–II Challenge Process Comment
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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations
Public Notice in this proceeding are
hereby incorporated by reference.
6. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
25. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) and exemption from
coverage of the rule, or any part thereof,
for small entities.
26. The analysis of the Commission’s
efforts to minimize the possible
significant economic impact on small
entities as described in the previous
MF–II Order FRFAs are hereby
incorporated by reference. As discussed
above, the requirements and procedures
established in the MF–II Challenge
Process Handset Public Notice are
intended to provide small entities with
sufficient flexibility to choose a device
that fits their needs and budgets thereby
minimizing significant economic impact
on small entities.
7. Report to Congress
27. The Commission will send a copy
of the MF–II Challenge Process Handset
Public Notice, including this SFRFA, in
a report to Congress pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
MF–II Challenge Process Handset Public
Notice, including this SFRFA, to the
Chief Counsel for Advocacy of the SBA.
A copy of the MF–II Challenge Process
Handset Public Notice, and SFRFA (or
summaries thereof) will also be
published in the Federal Register.
jstallworth on DSKBBY8HB2PROD with RULES
IV. Contact Information
15:15 Jan 02, 2018
Federal Communications Commission.
William W. Huber,
Associate Chief, Auctions and Spectrum
Access Division, WTB.
[FR Doc. 2017–28421 Filed 1–2–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R4–ES–2016–0029 and
FWS–R4–ES–2016–0031; 4500030113]
RIN 1018–BA78; RIN 1018–BA79
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for Black Warrior Waterdog and
Designation of Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), determine
endangered species status under the
Endangered Species Act of 1973 (Act),
as amended for the Black Warrior
waterdog (Necturus alabamensis) and
designate critical habitat. The effect of
this regulation will be to add this
species to the List of Endangered and
Threatened Wildlife and designate
critical habit for this species. In total,
approximately 673 kilometers (420
miles) of streams and rivers in Blount,
Etowah, Jefferson, Lawrence, Marshall,
Tuscaloosa, Walker, and Winston
Counties, Alabama, fall within the
boundaries of the critical habitat
designation.
SUMMARY:
DATES:
This rule is effective February 2,
2018.
28. For information on the one-time
4G LTE coverage data collection, see 4G
LTE Collection Instructions Public
Notice, or consult the Commission’s
MF–II 4G LTE Data Collection web page
at www.fcc.gov/MF2-LTE-Collection.
Please note that responses to the MF–II
4G LTE data collection are due by
January 4, 2018. Parties with questions
about the collection should email
ltedata@fcc.gov or contact Ken Lynch at
(202) 418–7356 or Ben Freeman at (202)
418–0628.
VerDate Sep<11>2014
29. For further information
concerning the MF–II Challenge Process
Comment Public Notice, contact
Jonathan McCormack, Auctions and
Spectrum Access Division, Wireless
Telecommunications Bureau, at (202)
418–0660.
Jkt 244001
This final rule is available
on the internet at https://
www.regulations.gov and https://
www.fws.gov/daphne/. Comments,
materials, and documentation that we
considered in this rulemaking will be
available by appointment, during
normal business hours, at: U.S. Fish and
Wildlife Service, Alabama Ecological
Services Field Office, 1208 Main Street,
Daphne, AL 36526; by telephone 251–
441–5184; or by facsimile 251–441–
6222.
ADDRESSES:
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
257
The coordinates or plot points or both
from which the maps are generated are
included in the administrative record
for the critical habitat designation and
are available at https://
www.regulations.gov at Docket No.
FWS–R4–ES–2016–0031, and at the
Alabama Ecological Services Field
Office (https://www.fws.gov/alabama)
(see FOR FURTHER INFORMATION CONTACT).
Any additional tools or supporting
information that we developed for this
final rule will also be available at the
U.S. Fish and Wildlife Service website
and Field Office set out above, and may
also be included in the preamble and at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
William Pearson, Field Supervisor, U.S.
Fish and Wildlife Service (see
ADDRESSES above). Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
This document consists of: (1) A final
rule to list the Black Warrior waterdog
as endangered and (2) a final critical
habitat designation for the Black
Warrior waterdog.
Executive Summary
Why we need to publish a rule. Under
the Endangered Species Act, a species
may warrant protection through listing
if it is endangered or threatened
throughout all or a significant portion of
its range. Listing a species as an
endangered or threatened species can
only be completed by issuing a rule.
What this rule does. This rule will
finalize the listing of the Black Warrior
waterdog (Necturus alabamensis) as an
endangered species and will finalize
designation of critical habitat for the
species under the Act. We are
designating critical habitat for the
species in four units, on public and
private property totaling 673 kilometers
(420 miles) of streams and rivers in
Blount, Etowah, Jefferson, Lawrence,
Marshall, Tuscaloosa, Walker, and
Winston Counties, Alabama. This rule
adds the Black Warrior waterdog to the
List of Endangered and Threatened
Wildlife in title 50 of the Code of
Federal Regulations at 50 CFR 17.11(h)
and adds critical habitat for this species
to 50 CFR 17.95(d).
The basis for our action. Under the
Act, we may determine that a species is
endangered or threatened based on any
of the following five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
E:\FR\FM\03JAR1.SGM
03JAR1
Agencies
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 254-257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28421]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 10-90, WT Docket No. 10-208; DA 17-1218]
Mobility Fund Phase II Challenge Process Handsets and Access
Procedures for the Challenge Process Portal
AGENCY: Federal Communications Commission.
ACTION: Final rule; requirements and procedures.
-----------------------------------------------------------------------
SUMMARY: In this document, the Rural Broadband Auctions Task Force,
with the Wireline Competition Bureau and the Wireless
Telecommunications Bureau, provide further guidance on the handsets
that mobile wireless providers in the Mobility Fund Phase II challenge
process can designate for challengers to use when conducting speed
tests in areas deemed presumptively ineligible for MF-II support. This
document adopts procedures for challengers to request access to the
Universal Service Administrative Company challenge process portal.
DATES: Parties may submit the list of provider-approved handsets as
part of their 4G LTE coverage data filings due by January 4, 2018, or
they may elect to supplement those filings with the handset list by no
later than thirty days following the publication of this document in
the Federal Register.
ADDRESSES: Submit responses to the MF-II 4G LTE data collections,
including the list of provider-approved handsets, at www.fcc.gov/MF2-LTE-Collection. Submit waivers by email to [email protected]
or by hard copy to Margaret W. Wiener, Chief, Auctions and Spectrum
Access Division, Wireless Telecommunications Bureau, FCC, 445 12th
Street SW, Room 6-C217, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau,
Auction and Spectrum Access Division, Jonathan McCormack, at (202) 418-
0660.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice (MF-
II Challenge Process Handset Public Notice), WC Docket No. 10-90, WT
Docket No. 10-208, DA 17-1218, adopted on December 20, 2017, and
released on December 20, 2017. The complete text of the MF-II Challenge
Process Handset Public Notice is available for public inspection and
copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through
Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC
Reference Information Center, 445 12th Street SW, Room CY-A257,
Washington, DC 20554. The complete text is also available on
[[Page 255]]
the Commission's website at https://ecfsapi.fcc.gov/file/122011224060/DA-17-1218A1.pdf. Alternative formats are available to persons with
disabilities by sending an email to [email protected] or by calling the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202)
418-0432 (TTY).
1. The Rural Broadband Auctions Task Force (Task Force), in
conjunction with the Wireline Competition Bureau and the Wireless
Telecommunications Bureau (Bureaus), provides further requirements for
the handsets that mobile wireless providers in the Mobility Fund Phase
II (MF-II) challenge process must designate for challengers to use when
conducting speed tests in areas deemed presumptively ineligible for MF-
II support. In addition, the Bureaus adopt procedures for challengers
to request access to the Universal Service Administrative Company
(USAC) challenge process portal.
I. Handset Requirements
2. Under the MF-II Challenge Process Order, 82 FR 42473, September
8, 2017, the MF-II challenge process will begin with a new, one-time
collection of current, standardized coverage data on qualified 4G LTE
service, which the Commission will use to establish the map of areas
presumptively eligible for MF-II support.
3. As part of the new, one-time data collection, each mobile
wireless provider with qualified 4G LTE coverage is required to
identify at least three readily-available handset models appropriate
for testing its coverage, at least one of which must be compatible with
industry-standard drive test software. The Commission also directed the
Bureaus to propose and adopt further guidance on the types of devices
that may be used for speed tests.
4. After release of the MF-II Challenge Process Order, the Task
Force, in conjunction with the Bureaus, released instructions for
submitting the new 4G LTE coverage data, including the handset list,
and announced a deadline of January 4, 2018, to submit the required
coverage information. Pursuant to the Commission's direction, the
Bureaus subsequently sought comment on proposed requirements to ensure
that at least one designated handset is compatible with industry-
standard drive test software.
5. After consideration of these comments, the Bureaus provide
further requirements for the types of devices that may be used for
speed tests. First, each provider must identify in its filing at least
one device that is either: (a) Officially supported by the latest
versions of industry-standard drive test software, such as JDSU, ZK-
SAM, Rohde & Schwartz, or TEMS; or (b) engineering-capable and able to
be unlocked and put into diagnostic mode to interface with drive test
software. Second, at least one of the three specified devices must run
the Android operating system. This device can be the same device as the
one that meets the requirements adopted for compatibility with drive-
test software, but it need not be. Because the coverage data submitted
by affiliated entities will be consolidated when made available to
challengers through the USAC portal, the Bureaus will consolidate the
submitted provider handset data for such entities to the extent that
the lists of handsets differ.
6. Parties may file the foregoing handset information with their
January 4, 2018 filings, or they may elect to supplement those filings
with that handset information no later than thirty days following the
publication of the MF-II Challenge Process Handset Public Notice in the
Federal Register.
II. Accessing the USAC Portal
7. Participants in the MF-II challenge process must use the USAC
portal to file a challenge and/or respond to a challenge, as well as to
access certain information that is pertinent to a challenge. The
Commission directed the Bureaus to detail the process by which an
interested party may request a USAC account to access the portal.
8. The process for interested parties and challenged providers to
request access to the USAC portal is as follows. Any eligible service
provider wishing to participate in the challenge process must provide
to the Commission, via web-based form, the legal name of the entity,
its FCC Registration Number (FRN), and the name(s) and email
address(es) of the user(s) (up to a maximum of three users) that should
be granted access to the portal. Any government entity (i.e., a local,
state, or Tribal government entity) that wishes to participate in the
challenge process also must provide the legal name of the entity, its
legal jurisdiction, and the name(s) and email address(es) of the
user(s) (up to a maximum of three users) that should be granted access
to the portal. The web page address and date by which to submit this
contact information will be announced at a later date.
9. The Bureaus encourage parties that may have an interest in
participating in the challenge process to provide this contact
information as soon as the form is available. Providing this contact
information does not represent a commitment or obligation to
participate in the challenge process.
10. For a party that files a waiver petition with the Commission
seeking to participate in the MF-II challenge process as a challenger
(because it is not a service provider or a government entity), the
Bureaus require such a party to submit the first and last name of the
user(s) that should have access to the portal on its behalf, and the
email address(es) of the user(s), up to a maximum of three users, as
part of its petition for waiver. Any waiver petition must be submitted
to [email protected]. The Bureaus strongly encourage any
interested party to file a waiver petition as soon as practicable.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
11. The MF-II Challenge Process Handset Public Notice implements
the information collection requirements adopted in the MF-II Challenge
Process Order and does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13, 44 U.S.C. 3501-3520. The Commission sought
and received PRA approval from the Office of Management and Budget
(OMB) under its emergency processing procedures for the information
collection requirements associated with the qualified 4G LTE coverage
data collection, as adopted in the MF-II Challenge Process Order and
further explained in the MF-II Challenge Process Handset Public Notice.
The OMB control number for this collection is OMB 3060 1242. The
Commission is currently seeking PRA approval for the information
collection requirements related to the challenge process itself, as
adopted in the MF-II Challenge Process Order and further explained in
the MF-II Challenge Process Handset Public Notice. The MF-II Challenge
Process Handset Public Notice does not adopt any additional information
collection requirements beyond those adopted in the MF-II Challenge
Process Order.
B. Supplemental Final Regulatory Flexibility Analysis
12. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission prepared Initial Regulatory Flexibility
Analyses (IRFAs) in connection with the USF/ICC Transformation FNPRM,
76 FR 78383, December 16, 2011, the 2014 CAF FNPRM, 80 FR 4445, January
27, 2015, and the MF-II FNPRM, 82 FR 13413,
[[Page 256]]
March 13, 2017 (collectively, MF-II FNPRMs). A Supplemental Initial
Regulatory Flexibility Analysis (SIRFA) was also filed in the MF-II
Challenge Process Comment Public Notice, 82 FR 51180, November 3, 2017,
in this proceeding. The Commission sought written public comment on the
proposals in MF-II FNPRMs and in the MF-II Challenge Process Comment
Public Notice, including comments on the IRFAs and SIRFA. The
Commission received three comments in response to the MF-II FNPRM IRFA.
No comments were filed addressing the USF/ICC Transformation FNPRM
IRFA, the 2014 CAF FNPRM IRFA, or the MF-II Challenge Process Comment
Public Notice SIRFA. The Commission included Final Regulatory
Flexibility Analyses (FRFAs) in connection with the 2014 CAF Order, the
MF-II Order, and the MF-II Challenge Process Order (collectively, the
MF-II Orders). This Supplemental Final Regulatory Flexibility Analysis
(SFRFA) supplements the FRFAs in the MF-II Orders to reflect the
actions taken in the MF-II Challenge Process Handset Public Notice and
conforms to the RFA.
1. Need for, and Objectives of, The MF-II Challenge Process Handset
Public Notice
13. The MF-II Challenge Process Handset Public Notice provides
further requirements on the handsets that mobile wireless providers in
the MF-II challenge process must designate for challengers to use when
conducting speed tests in areas deemed presumptively ineligible for MF-
II support. In addition, the MF-II Challenge Process Handset Public
Notice adopts procedures for challengers to request access to the USAC
challenge process portal.
14. Following the release of the MF-II Orders, the Commission
released the MF-II Challenge Process Comment Public Notice. The MF-II
Challenge Process Comment Public Notice proposed and sought comment on
specific parameters and procedures to implement the MF-II challenge
process, including requirements for the provider-approved handsets that
prospective challengers will use to conduct speed tests, and the
process by which challengers and respondents can request access to the
USAC portal. The MF-II Challenge Process Comment Public Notice did not
change matters adopted in the MF-II Orders and requested comment on how
the proposals in the MF-II Challenge Process Comment Public Notice
might affect the previous regulatory flexibility analyses in this
proceeding.
15. The MF-II Challenge Process Handset Public Notice establishes
procedures for providers to identify at least three readily available
handset models appropriate for testing those providers' coverage, and
establishes that the Bureaus will consolidate submitted provider
handset data for affiliated entities to the extent that the lists of
handsets differ. In addition, providers are required to specify at
least one handset running on the Android operating system, and at least
one handset that is either compatible with the latest versions of drive
test software, or is capable of being unlocked and configured to run
the latest versions of drive test software.
16. The procedures also require all eligible service providers
wishing to participate in the challenge process to provide to the
Commission the legal name of the entity, its FRN, and the name(s) and
email address(es) of the user(s) (up to a maximum of three users) that
should be granted access to the portal. Any government entity (i.e., a
local, state, or Tribal government entity) that wishes to participate
in the challenge process also must provide the legal name of the
entity, its legal jurisdiction, and the name(s) and email address(es)
of the user(s) (up to a maximum of three users) that should be granted
access to the portal. A web-based form will be used to collect this
information. A party that files a waiver petition with the Commission
seeking to participate in the MF-II challenge process as a challenger
(because it is not a service provider or a government entity), must
submit the first and last name of the user(s) that should have access
to the portal on its behalf, and the email address(es) of the user(s),
up to a maximum of three users, as part of its petition for waiver.
17. Finally, the requirements established in the MF-II Challenge
Process Handset Public Notice are designed to anticipate the challenges
faced by small entities (e.g., governmental entities or small service
providers) in complying with the Bureaus' implementation of the
Commission's rules and our proposals. For example, the requirement that
providers specify a minimum of three devices, at least one of which
must be running on the Android operating system, is intended to provide
small entities with sufficient flexibility to choose a device that fits
their needs and budgets.
18. Accordingly, the handset requirements and portal access
procedures established in the MF-II Challenge Process Handset Public
Notice are consistent with the MF-II Orders and the prior regulatory
flexibility analyses set forth in this proceeding, and no changes to
the Bureaus' earlier analyses are required.
2. Summary of Significant Issues Raised by Public Comments in Response
to the SIRFA
19. There were no comments filed that specifically addressed the
proposed procedures presented in the SIRFA.
3. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
20. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rule(s) as a result of those comments.
21. The Chief Counsel did not file any comments in response to the
proposed procedures in this proceeding.
4. Description and Estimate of the Number of Small Business Entities To
Which the Procedures Will Apply
22. 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, if adopted herein. The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
23. As noted above, FRFAs were incorporated into the MF-II Orders.
In those analyses, the Bureaus described in detail the small entities
that might be significantly affected. In the MF-II Challenge Process
Handset Public Notice, the Bureaus incorporate by reference the
descriptions and estimates of the number of small entities from the
previous FRFAs in the MF-II Orders.
5. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
24. The data, information and document collection required by the
MF-II Orders as described in the previous FRFAs and the SIRFA in the
MF-II Challenge Process Comment
[[Page 257]]
Public Notice in this proceeding are hereby incorporated by reference.
6. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
25. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) and
exemption from coverage of the rule, or any part thereof, for small
entities.
26. The analysis of the Commission's efforts to minimize the
possible significant economic impact on small entities as described in
the previous MF-II Order FRFAs are hereby incorporated by reference. As
discussed above, the requirements and procedures established in the MF-
II Challenge Process Handset Public Notice are intended to provide
small entities with sufficient flexibility to choose a device that fits
their needs and budgets thereby minimizing significant economic impact
on small entities.
7. Report to Congress
27. The Commission will send a copy of the MF-II Challenge Process
Handset Public Notice, including this SFRFA, in a report to Congress
pursuant to the Congressional Review Act. In addition, the Commission
will send a copy of the MF-II Challenge Process Handset Public Notice,
including this SFRFA, to the Chief Counsel for Advocacy of the SBA. A
copy of the MF-II Challenge Process Handset Public Notice, and SFRFA
(or summaries thereof) will also be published in the Federal Register.
IV. Contact Information
28. For information on the one-time 4G LTE coverage data
collection, see 4G LTE Collection Instructions Public Notice, or
consult the Commission's MF-II 4G LTE Data Collection web page at
www.fcc.gov/MF2-LTE-Collection. Please note that responses to the MF-II
4G LTE data collection are due by January 4, 2018. Parties with
questions about the collection should email [email protected] or contact
Ken Lynch at (202) 418-7356 or Ben Freeman at (202) 418-0628.
29. For further information concerning the MF-II Challenge Process
Comment Public Notice, contact Jonathan McCormack, Auctions and
Spectrum Access Division, Wireless Telecommunications Bureau, at (202)
418-0660.
Federal Communications Commission.
William W. Huber,
Associate Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2017-28421 Filed 1-2-18; 8:45 am]
BILLING CODE 6712-01-P