Connect America Fund; Universal Service Reform-Mobility Fund, 44254-44256 [2018-18806]

Download as PDF amozie on DSK3GDR082PROD with PROPOSALS1 44254 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 VerDate Sep<11>2014 16:53 Aug 29, 2018 Jkt 244001 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] BILLING CODE 4165–15–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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: E:\FR\FM\30AUP1.SGM 30AUP1 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules 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. VerDate Sep<11>2014 16:53 Aug 29, 2018 Jkt 244001 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30AUP1.SGM 30AUP1 44256 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules 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 VerDate Sep<11>2014 16:53 Aug 29, 2018 Jkt 244001 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 9990 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 E:\FR\FM\30AUP1.SGM 30AUP1

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]


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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

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]
BILLING CODE 6712-01-P


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