Connect America Fund; Universal Service Reform-Mobility Fund, 44254-44256 [2018-18806]
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules
work directly, and enter as a guest).
Participants should call and connect 15
minutes prior to the meeting for
logistics to be set up. If you have never
attended an Adobe Connect meeting,
please test your connection using the
following URL: https://
hrsa.connectsolutions.com/common/
help/en/support/meeting_test.htm and
get a quick overview by following URL:
https://www.adobe.com/go/connectpro_
overview. Call (301) 443–2030 or send
an email to abalingit-wines@hrsa.gov if
you are having trouble connecting to the
meeting site.
FOR FURTHER INFORMATION CONTACT: Dr.
Narayan Nair, Director, Division of
Injury Compensation Programs, at 800–
338–2382 or by email: nnair@hrsa.gov.
SUPPLEMENTARY INFORMATION: As
required by statute, the Secretary
proposes to amend the Vaccine Injury
Table (Table) by regulation to include
vaccines recommended by the CDC for
routine administration in pregnant
women. The proposed rule, which was
published in the Federal Register on
April 4, 2018 (83 FR 14391; https://
www.gpo.gov/fdsys/pkg/FR-2018-04-04/
pdf/2018-06770.pdf), would amend the
existing language in Item XVII of the
Table to include ‘‘and/or pregnant
women’’ after ‘‘children.’’ This
proposed revision would add to the
general category of the Table any new
vaccine recommended by the CDC for
routine administration in pregnant
women after imposition of an excise tax
and publication of a notice of coverage.
The Secretary is seeking public
comment on the proposed revision to
the Table. The public comment period
for the NPRM closes on October 1, 2018.
A public hearing on the NPRM will
take place on September 17, 2018. This
hearing is to provide an open forum for
the presentation of information and
views concerning the proposed revision
to the Table by interested persons. In
preparing a final regulation, the
Secretary will consider the
administrative record of this hearing
along with all other written comments
received during the comment period
specified in the NPRM. The presiding
officer, representing the Secretary of
HHS, will be Dr. Narayan Nair, Director,
Division of Injury Compensation
Programs, Healthcare Systems Bureau,
Health Resources and Services
Administration.
Individuals or representatives of
interested organizations may participate
in the public hearing in accordance with
the following schedule and procedures.
Persons who wish to participate should
file a notice of participation with the
Department of Health and Human
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Services (HHS) on or before September
3, 2018. The notice should be mailed to
the Division of Injury Compensation
Programs, Room 08N146B, 5600 Fishers
Lane, Rockville, Maryland 20857 or
emailed to abalingit-wines@hrsa.gov. To
ensure timely handling, any outer
envelope or the subject line of an email
should be clearly marked ‘‘VICP NPRM
Hearing.’’ The notice of participation
should contain the interested person’s
name, address, email address, telephone
number, any business or organizational
affiliation of the person desiring to make
a presentation, a brief summary of the
presentation, and the approximate time
requested for the presentation. Groups
that have similar interests should
consolidate their comments as part of
one presentation. Time available for the
hearing will be allocated among the
persons who properly file notices of
participation. If time permits, interested
parties attending the hearing who did
not submit notice of participation in
advance will be allowed to make an oral
presentation at the conclusion of the
hearing.
Persons who find that there is
insufficient time to submit the required
information in writing may give oral
notice of participation by calling Ana
Marie Balingit-Wines, Division of Injury
Compensation Programs, at (301) 443–
2030, no later than September 3, 2018.
After reviewing the notices of
participation and accompanying
information, HHS will schedule each
appearance and notify each participant
by mail, email, or telephone of the time
allotted to the person(s) and the
approximate time the person’s oral
presentation is scheduled to begin.
Written comments and transcripts of
the hearing will be made available for
public inspection as soon as they have
been prepared, on weekdays (except
Federal holidays) between the hours of
8:30 a.m. and 5:00 p.m. (EDT) at the
Division of Injury Compensation
Programs, Room 08N146B, 5600 Fishers
Lane, Rockville, Maryland 20857.
Dated: August 24, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2018–18873 Filed 8–29–18; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 10–90, WT Docket No. 10–
208; FCC 18–124]
Connect America Fund; Universal
Service Reform—Mobility Fund
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document proposes
modifying the timeframe for collecting
acceptable speed test data in support of
Mobility Fund II eligibility challenges,
such that acceptable data may be
collected at any time on or after
February 27, 2018, until November 26,
2018.
DATES: Comments are due September
10, 2018, and reply comments are due
by September 14, 2018.
ADDRESSES: You may submit comments,
identified by WC Docket No. 10–90 and
WT Docket No. 10–208, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Website: https://
www.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov,
phone: 202–418–0530 or TTY: 202–418–
0432.
FOR FURTHER INFORMATION CONTACT:
Wireless Telecommunications Bureau,
Auctions and Spectrum Access
Division, Audra Hale-Maddox, at (202)
418–0660.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), WC
Docket No. 10–90 and WT Docket No.
10–208, FCC 18–124, adopted on
August 14, 2018, and released on
August 21, 2018. The complete text of
this document is available for public
inspection and copying from 8 a.m. to
4:30 p.m. Eastern Time (ET) Monday
through Thursday or from 8 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 the
Commission’s website at https://
wireless.fcc.gov, or by using the search
function on the ECFS web page at
https://www.fcc.gov/cgb/ecfs/.
SUMMARY:
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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).
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Comment Filing Procedures
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs/filings. Filers should
follow the instructions provided on the
website for submitting comments. In
completing the transmittal screen, filers
should include their full name, U.S.
Postal Service mailing address, and the
applicable docket numbers WC Docket
No. 10–90 and WT Docket No. 10–208.
• Paper Filers: Parties who choose to
file by paper must file an original and
three copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number. Filings
can be sent by hand or messenger
delivery, by commercial overnight
courier, or by first-class or overnight
U.S. Postal Service mail. All filings
must be addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries
must be held together with rubber bands
or fasteners. Any envelopes and boxes
must be disposed of before entering the
building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Dr., Annapolis Junction,
Annapolis, MD 20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
Pursuant to § 1.1200(a) of the
Commission’s rules, this NPRM shall be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with
§ 1.1206(b). In proceedings governed by
§ 1.49(f) or for which the Commission
has made available a method of
electronic filing, written ex parte
presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
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Ex Parte Presentations
Paperwork Reduction Act
The NPRM does not contain any new,
modified, or proposed information
collections subject to the Paperwork
Reduction Act of 1995 (PRA). In
addition, therefore, it does not contain
any new, modified, or proposed
information collection burden for
business concerns with fewer than 25
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44255
employees, pursuant to the Small
Business Paperwork Relief Act of 2002.
Initial Regulatory Flexibility
Certification
The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for a notice-and-comment
rulemaking proceeding, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ 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.
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 78384,
December 16, 2011, the 2014 CAF
FNPRM, 79 FR 39195, July 9, 2014, and
the MF–II FNPRM, 82 FR 13413, March
13, 2017, (collectively, MF–II FNPRMs).
The Commission sought written public
comment on the proposals in the MF–II
FNPRMs and comments on the IRFAs
and Supplemental IRFA. The
Commission included Final Regulatory
Flexibility Analyses (FRFAs) in
connection with the CAF Report &
Order and Further Notice, 79 FR 39163,
July 9, 2014, the MF–II Report & Order,
82 FR 15422, March 28, 2017, the MF–
II Challenge Process Order, 82 FR
42473, September 8, 2017, and the MF–
II Second Order on Reconsideration, 83
FR 17934, April 25, 2018 (collectively,
the MF–II Orders). Therefore, the
Commission certifies that the
requirements of the Notice of Proposed
Rulemaking will not have a significant
economic impact on a substantial
number of small entities.
I. Synopsis
On August 21, 2018, the Federal
Communications Commission
(‘‘Commission’’) released an Order,
Notice of Proposed Rulemaking, and
Memorandum Opinion and Order, FCC
18–124. A summary of the final actions
from that document is published
elsewhere in this issue of the Federal
Register. In that document, the
Commission extended the previously
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announced deadline for the close of the
Mobility Fund Phase II (MF–II)
challenge window by an additional 90
days until November 26, 2018, during
which period challengers may submit
speed test data in support of a
challenge. The Commission adopted
this extension to ensure that interested
parties can initiate and submit speed
test data for areas they wish to
challenge. Given this extension, the
Commission proposed to make
modifications to the speed test data
specifications regarding the relevant
timeframes for valid speed tests.
II. Notice of Proposed Rulemaking To
Modify the Data Timing Requirements
amozie on DSK3GDR082PROD with PROPOSALS1
1. In the MF–II Challenge Process
Order, the Commission stated that speed
test measurements taken before the
submission of updated coverage maps
might not accurately reflect current
network deployment and accordingly
adopted a requirement that speed test
measurements from challengers must be
taken after the publication of the initial
eligible areas map and within six
months of the scheduled close of the
challenge window. Similarly, the
Commission stated it would only accept
measurements from challenged parties
that were collected after the publication
of the initial eligibility map and within
six months of the scheduled close of the
response window.
2. To ensure that the extension of the
challenge filing deadline does not
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inadvertently create hardships for those
challengers that have already conducted
speed tests, and to provide similar
testing parameters for both the
challengers and the challenged parties,
the Commission tentatively concludes
that it would be in the public interest to
modify the initially-adopted
requirements that speed test data be
collected within six months of the
scheduled close of the relevant
challenge or response window.
Accordingly, the Commission proposes
to accept speed test data in support of
challenges collected at any time on or
after February 27, 2018, the date of the
publication of the map of presumptively
eligible areas, through the new close of
the challenge window, November 26,
2018. This would provide challengers
with an additional three months (for a
total of nine months) to conduct speed
tests. Consistent with the MF–II
Challenge Process Order’s generally
parallel standards for challengers and
respondents, the Commission proposes
to make a corresponding change to
afford respondents at least the same
amount of time as challengers to collect
data. Accordingly, a respondent would
have at least nine months to collect
speed test data of their own network,
and respondent speed tests collected on
or after April 29, 2018, would be
considered valid.
3. The Commission tentatively
concludes that the extension of the
filing deadline warrants a modification
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of the current data timing requirements
for challengers and respondents. The
Commission tentatively concludes that
modifying these requirements will serve
the public interest by preventing
challengers from having to repeat speed
tests, and it should permit more
effective implementation of Commission
policy. In contrast, the Commission
tentatively concludes that failing to
modify this timing requirement would
prohibit challengers from using the
speed tests conducted between February
27 and May 28 (i.e., tests conducted
more than six months before the new
November 26 deadline), thereby forcing
such challengers to engage in more
testing than they would otherwise have
had to conduct. Further, the
Commission believes that providing
respondents (i.e., the ‘‘challenged
parties’’) with a similar data timing
requirement appropriately balances the
interests of respondents with the
Commission’s interest in receiving data
collected recently, after the one-time 4G
LTE data collection that initiated the
challenge process. The Commission
seeks comment on its tentative
conclusions and these proposed
modifications of the timing
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018–18806 Filed 8–28–18; 11:15 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Proposed Rules]
[Pages 44254-44256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18806]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 10-90, WT Docket No. 10-208; FCC 18-124]
Connect America Fund; Universal Service Reform--Mobility Fund
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes modifying the timeframe for collecting
acceptable speed test data in support of Mobility Fund II eligibility
challenges, such that acceptable data may be collected at any time on
or after February 27, 2018, until November 26, 2018.
DATES: Comments are due September 10, 2018, and reply comments are due
by September 14, 2018.
ADDRESSES: You may submit comments, identified by WC Docket No. 10-90
and WT Docket No. 10-208, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected], phone: 202-418-0530
or TTY: 202-418-0432.
FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division, Audra Hale-Maddox, at (202) 418-
0660.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), WC Docket No. 10-90 and WT Docket No.
10-208, FCC 18-124, adopted on August 14, 2018, and released on August
21, 2018. The complete text of this document is available for public
inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET)
Monday through Thursday or from 8 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 the
Commission's website at https://wireless.fcc.gov, or by using the search
function on the ECFS web page at https://www.fcc.gov/cgb/ecfs/.
[[Page 44255]]
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).
Comment Filing Procedures
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/filings. Filers should follow the instructions provided on the website
for submitting comments. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket numbers WC Docket No. 10-90 and WT Docket No.
10-208.
Paper Filers: Parties who choose to file by paper must
file an original and three copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Dr.,
Annapolis Junction, Annapolis, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Ex Parte Presentations
Pursuant to Sec. 1.1200(a) of the Commission's rules, this NPRM
shall be treated as a ``permit-but-disclose'' proceeding in accordance
with the Commission's ex parte rules. Persons making ex parte
presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with Sec. 1.1206(b).
In proceedings governed by Sec. 1.49(f) or for which the Commission
has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
Paperwork Reduction Act
The NPRM does not contain any new, modified, or proposed
information collections subject to the Paperwork Reduction Act of 1995
(PRA). In addition, therefore, it does not contain any new, modified,
or proposed information collection burden for business concerns with
fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002.
Initial Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for a notice-and-
comment rulemaking proceeding, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' 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.
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
78384, December 16, 2011, the 2014 CAF FNPRM, 79 FR 39195, July 9,
2014, and the MF-II FNPRM, 82 FR 13413, March 13, 2017, (collectively,
MF-II FNPRMs). The Commission sought written public comment on the
proposals in the MF-II FNPRMs and comments on the IRFAs and
Supplemental IRFA. The Commission included Final Regulatory Flexibility
Analyses (FRFAs) in connection with the CAF Report & Order and Further
Notice, 79 FR 39163, July 9, 2014, the MF-II Report & Order, 82 FR
15422, March 28, 2017, the MF-II Challenge Process Order, 82 FR 42473,
September 8, 2017, and the MF-II Second Order on Reconsideration, 83 FR
17934, April 25, 2018 (collectively, the MF-II Orders). Therefore, the
Commission certifies that the requirements of the Notice of Proposed
Rulemaking will not have a significant economic impact on a substantial
number of small entities.
I. Synopsis
On August 21, 2018, the Federal Communications Commission
(``Commission'') released an Order, Notice of Proposed Rulemaking, and
Memorandum Opinion and Order, FCC 18-124. A summary of the final
actions from that document is published elsewhere in this issue of the
Federal Register. In that document, the Commission extended the
previously
[[Page 44256]]
announced deadline for the close of the Mobility Fund Phase II (MF-II)
challenge window by an additional 90 days until November 26, 2018,
during which period challengers may submit speed test data in support
of a challenge. The Commission adopted this extension to ensure that
interested parties can initiate and submit speed test data for areas
they wish to challenge. Given this extension, the Commission proposed
to make modifications to the speed test data specifications regarding
the relevant timeframes for valid speed tests.
II. Notice of Proposed Rulemaking To Modify the Data Timing
Requirements
1. In the MF-II Challenge Process Order, the Commission stated that
speed test measurements taken before the submission of updated coverage
maps might not accurately reflect current network deployment and
accordingly adopted a requirement that speed test measurements from
challengers must be taken after the publication of the initial eligible
areas map and within six months of the scheduled close of the challenge
window. Similarly, the Commission stated it would only accept
measurements from challenged parties that were collected after the
publication of the initial eligibility map and within six months of the
scheduled close of the response window.
2. To ensure that the extension of the challenge filing deadline
does not inadvertently create hardships for those challengers that have
already conducted speed tests, and to provide similar testing
parameters for both the challengers and the challenged parties, the
Commission tentatively concludes that it would be in the public
interest to modify the initially-adopted requirements that speed test
data be collected within six months of the scheduled close of the
relevant challenge or response window. Accordingly, the Commission
proposes to accept speed test data in support of challenges collected
at any time on or after February 27, 2018, the date of the publication
of the map of presumptively eligible areas, through the new close of
the challenge window, November 26, 2018. This would provide challengers
with an additional three months (for a total of nine months) to conduct
speed tests. Consistent with the MF-II Challenge Process Order's
generally parallel standards for challengers and respondents, the
Commission proposes to make a corresponding change to afford
respondents at least the same amount of time as challengers to collect
data. Accordingly, a respondent would have at least nine months to
collect speed test data of their own network, and respondent speed
tests collected on or after April 29, 2018, would be considered valid.
3. The Commission tentatively concludes that the extension of the
filing deadline warrants a modification of the current data timing
requirements for challengers and respondents. The Commission
tentatively concludes that modifying these requirements will serve the
public interest by preventing challengers from having to repeat speed
tests, and it should permit more effective implementation of Commission
policy. In contrast, the Commission tentatively concludes that failing
to modify this timing requirement would prohibit challengers from using
the speed tests conducted between February 27 and May 28 (i.e., tests
conducted more than six months before the new November 26 deadline),
thereby forcing such challengers to engage in more testing than they
would otherwise have had to conduct. Further, the Commission believes
that providing respondents (i.e., the ``challenged parties'') with a
similar data timing requirement appropriately balances the interests of
respondents with the Commission's interest in receiving data collected
recently, after the one-time 4G LTE data collection that initiated the
challenge process. The Commission seeks comment on its tentative
conclusions and these proposed modifications of the timing
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018-18806 Filed 8-28-18; 11:15 am]
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