Connect America Fund, ETC Annual Reports and Certifications, Establishing Just and Reasonable Rates for Local Exchange Carriers, Developing a Unified Intercarrier Compensation Regime, 2132-2136 [2019-01315]
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 32, 54, and 65
[WC Docket Nos. 10–90, 14–58, 07–135, CC
Docket No. 01–92; FCC 18–176]
Connect America Fund, ETC Annual
Reports and Certifications,
Establishing Just and Reasonable
Rates for Local Exchange Carriers,
Developing a Unified Intercarrier
Compensation Regime
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) seeks comment on how to
implement an auction mechanism for
competitive overlapped legacy rate-ofreturn areas, broadband only line
conversions, and legacy support in
Tribal areas.
DATES: Comments are due on or before
March 8, 2019 and reply comments are
due on or before April 8, 2019. If you
anticipate that you will be submitting
comments, but find it difficult to do so
within the period of time allowed by
this document, you should advise the
contact listed below as soon as possible.
ADDRESSES: Pursuant to sections 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 and
reply 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).
D Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy 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.
D All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
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SUMMARY:
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12th St. SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 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.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
D 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 fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
FOR FURTHER INFORMATION CONTACT:
Suzanne Yelen, Wireline Competition
Bureau, (202) 418–7400 or TTY: (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
Notice of Proposed Rulemaking
(FNPRM) in WC Docket Nos. 10–90, 14–
58, 07–135, CC Docket No. 01–92; FCC
18–176, adopted on December 12, 2018
and released on December 13, 2018. The
full text of this document is available for
public inspection during regular
business hours in the FCC Reference
Center, Room CY–A257, 445 12th Street
SW, Washington, DC 20554 or at the
following internet address: https://
docs.fcc.gov/public/attachments/FCC18-176A1.pdf. The Report and Order
and Order on Reconsideration that was
adopted concurrently with the FNPRM
is published elsewhere in this issue of
the Federal Register.
I. Introduction
1. In the FNPRM, the Commission is
seeking comment on how to implement
an auction mechanism for competitive
overlapped legacy rate-of-return areas,
broadband-only line conversions, and
legacy support in Tribal areas.
II. Further Notice of Proposed
Rulemaking
2. In the FNPRM, the Commission
seeks comment on rules for
implementing its determination that
support in areas overlapped or almost
entirely overlapped by unsubsidized
competition should be awarded through
an auction. In addition, the Commission
seeks comment on whether it needs to
take steps to ensure that the budget for
legacy carriers is sufficient and to
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address the different amounts of support
provided for voice-only or voice/
broadband lines as compared to
broadband-only lines. The Commission
also seeks comment on additional
support for legacy carriers serving Tribal
areas.
3. In the concurrently adopted Report
and Order, the Commission determines
that the use of an auction is a more
efficient way to award support in areas
that are overlapped or almost entirely
overlapped by unsubsidized
competition. Here, the Commission
seeks comment on how this decision
should be implemented, including
auction design. In general, the
Commission proposes that the auction
process would operate in substantially
the same way as the Connect America
Fund (CAF) Phase II auction, which
concluded on August 28, 2018, but seek
comment on whether changes to
account for any differences unique to
this overlap auction are necessary and
appropriate. Further information
regarding the CAF Phase II auction
(Auction 903) is available on the FCC’s
website.
4. Affected study areas. Initially, the
Commission seeks comment on what
percentage it should use to determine
those study areas that are almost
entirely overlapped according to FCC
Form 477. Should support in legacy
study areas that are less than 100%
overlapped by unsubsidized
competition, e.g., 99% or 95%, also be
awarded through competitive bidding?
Currently, there are eight legacy study
areas with 100% overlap and seven
legacy study areas with at least 95%
overlap with approximately $12 million
in unconstrained projected claims for all
15 study areas for 2018. Rather than
solely rely on FCC Form 477 data,
should the Commission then also
conduct a challenge process to verify
the affected study areas? Is such a
challenge process necessary given that
the areas will be subject to auction?
5. Eligible areas. The Commission
proposes to break each study area into
a census geography, such as census
block groups, with each unit as the
minimum geographic bidding area. The
Commission previously used census
block groups but declined to auction
units as small as census blocks or as
large as counties or census tracts for the
CAF Phase II auction. Given that there
are likely to be fewer total eligible areas
in this auction, should the Commission
instead use census blocks as the
minimum geographic bidding area? The
Commission expects to adopt the
bidding unit in the pre-auction process.
6. The Commission proposes to
establish the reserve price—the
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maximum amount of support available
for each bidding unit prior to the
auction—by proportionally allocating
the incumbent’s legacy support across
each eligible study area using the costs
for each census block as determined by
the cost model in order to account for
the relative costs of providing service
among areas. Should the Commission
instead establish reserve prices based on
Alternative Connect America Cost
Model (A–CAM) costs, or on some
percentage of the incumbent’s prior
year’s legacy claims? The Commission
notes that the CAF Phase II auction
began with an aggregate reserve price for
all eligible areas based on the
Commission’s cost model, but cleared at
78.35% of the reserve price. Thus, the
CAF Phase II auction reduced the
amount of support needed for these
areas to substantially less than the
reserve price. How can the Commission
create similar competition in auctions
offering support to overlap areas?
7. Public interest obligations. The
Commission proposes to accept bids in
technology neutral service tiers with
varying speed and usage allowances
similar to those used in the CAF Phase
II auction but eliminating speeds below
25/3 Mbps, and for each tier will
differentiate between bids that would
offer either lower or higher latency. The
following charts summarize the
performance tiers and latency
(including the weights as adopted by the
Commission for the CAF Phase II
auction):
Performance tier
Speed
Monthly usage
allowance
Baseline ..........................................
Above Baseline ..............................
Gigabit ............................................
≥ 25/3 Mbps ...................................
≥ 100/20 Mbps ...............................
≥ 1 Gbps/500 Mbps .......................
≥ 150 GB or U.S. median, whichever is higher .........
≥ 2 terabytes (TB) ......................................................
≥ 2 TB .........................................................................
Latency
Requirement
Low Latency ...............................................................................
High Latency ...............................................................................
≤ 100 ms .....................................................................................
≤ 750 ms & MOS ≥ 4 .................................................................
8. Are there any reasons to accept
different performance tiers or different
latency metrics? The Commission notes
that 99.75% of locations awarded
through the CAF Phase II auction were
at speeds of 25/3 Mbps or higher.
9. Winning bidders would be required
to serve all locations within each census
block group, with interim and final
deployment milestones similar to those
of recipients of CAF Phase II auction
support. Should the Commission make
any changes to that framework?
10. Eligibility to participate. The
Commission seeks comment on what
entities should be eligible to participate.
The Commission proposes that the
auction not be limited only to the
incumbent and the competitors that
report coverage within the study area,
but open to any eligible provider. The
Commission notes that more auction
participants are more likely to lead to
market-based support levels. The
Commission also recognizes the
possibility that limiting eligibility could
result in only one or two bidders per
study area.
11. The Commission proposes to
adopt a two-stage application filing
process for participants in this auction,
similar to that used in other
Commission universal service auctions.
Specifically, in the pre-auction ‘‘shortform’’ application, a potential bidder
must establish its eligibility to
participate, providing, among other
things, basic ownership information and
certifying to its qualifications to receive
support. After the auction, the
Commission would conduct a more
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extensive review of the winning
bidders’ qualifications to receive
support through ‘‘long-form’’
applications. Such an approach
balances the need to collect essential
information with administrative
efficiency and will provide the
Commission with assurance that
interested entities are qualified to meet
the relevant terms and conditions if
awarded support.
12. In the CAF Phase II auction, the
Commission required applicants to
demonstrate that they had provided
voice, broadband, and/or electric
distribution or transmission services for
at least two years. The Commission also
adopted an alternative pathway for
entities that could not demonstrate
service for two years by instead
submitting (1) audited financial
statements for that entity from the three
most recent consecutive fiscal years,
including balance sheets, net income,
and cash flow, and (2) a letter of interest
from a qualified bank with terms
acceptable to the Commission that the
bank would provide a letter of credit to
the bidder. Should the Commission
adopt the same or similar requirements
for this auction?
13. Auction design. The Commission
also seeks comment on the appropriate
auction design for offering support in
overlap areas. The Commission already
has competitive bidding rules that allow
for the subsequent determination of
specific final auction procedures based
on additional public input during the
pre-auction process. The Commission
proposes to use the same auction design
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as it did in the CAF Phase II auction—
a multi-round, descending clock auction
in which bidders selecting different
performance levels will compete headto-head in the auction, with weights to
take into account the Commission’s
preference for higher speeds over lower
speeds, higher usage allowances over
lower usage allowances, and low
latency over high latency. The
Commission proposes to auction all
affected study areas nationwide in the
same auction. The Commission seeks
comment on whether any auction
design changes should be made to take
into account any differences between
the nature of competition in the CAF
Phase II auction and an auction of
support for overlap areas. If so, the
Commission asks that commenters
identify and describe recommended
changes with specificity. Consistent
with prior practice, the Commission
proposes to develop the specific details
of the auction as part of the pre-auction
process.
14. Transition for incumbent provider.
The Commission proposes that any
incumbent that does not apply to
participate in the auction shall have its
support reduced, regardless of whether
other carriers apply or bid. The
Commission infers that by not applying
to participate in the auction the
incumbent is demonstrating that it does
not need any of its limited universal
service funds to continue providing
service to its area.
15. The Commission seeks comment
on what should happen to the legacy
rate-of-return support mechanisms for
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an incumbent local exchange carrier
(LEC) when it, but no other carrier, bids
in the incumbent’s area. The
Commission also seeks comment on
whether, if the incumbent LEC is the
sole applicant to bid in its service area,
and no other carriers apply to bid, the
incumbent should continue to receive
support pursuant to the legacy rate-ofreturn support mechanisms? Should the
Commission infer that by not applying
to participate in the auction the
competitors are demonstrating that they
are not capable of providing service to
the entire study area?
16. If the incumbent LEC does not win
at auction, what, if any, transitional
support should be provided to the
incumbent, and how should the
Commission best ensure customers who
are currently served by the incumbent
do not lose access to voice service or
existing broadband service prior to the
deployment of service to those locations
by the winning bidder?
17. Oversight and accountability. The
Commission proposes that the same
oversight and non-compliance
framework as used in the CAF Phase II
auction would apply to auctions
offering support to overlap areas. Are
there any modifications that should be
made and, if so, why?
18. Frequency of auctions. The
Commission’s previous 100% overlap
process was conducted every other year.
Should the Commission conduct these
auctions on a similar schedule, based on
the most recent FCC Form 477 data?
19. As described in the concurrently
adopted Report and Order, the
Commission is concerned that as
carriers move from offering voice and
voice/broadband lines to broadbandonly lines, the amount of support
required from the Fund will increase.
To address this concern, the
Commission has adopted a minimum of
a 7% budgetary increase in 2019. The
Commission anticipates that this 7%
increase should exceed any increases to
the budget due to conversions of lines
from voice or voice/broadband to
broadband-only. The Commission
previously recognized the importance of
giving consumers the flexibility to
purchase broadband-only lines, which
may provide an opportunity to move
from ‘‘plain old telephone service’’
(POTS) to new IP-based services.
Nonetheless, the Commission
understands concerns that some carriers
may be moving consumers onto
broadband-only lines for the purpose of
artificially increasing the support they
receive from the Fund. The Commission
seeks comment on whether other
measures are necessary or advisable to
address this issue.
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20. The Commission seeks comment
on whether the Commission should
adopt limits on the number of converted
lines for which a carrier may seek
broadband-only support. Several parties
have informally suggested this may be a
useful method of limiting increases to
the budget. Although this approach
would allow for a planned and smooth
increase to the budget, it puts an
artificial constraint on conversions.
More and more customers want
broadband-only lines, with
interconnected VoIP or wireless service
for voice. Such limitations could also
lead to arbitrage opportunities as
carriers seek to adjust their line counts.
The Commission seeks comment on
whether the benefits of such a limitation
would exceed the burdens.
21. The Commission also seeks
comment on other methods of
addressing the increased funding needs
as lines convert to broadband-only.
First, the Commission notes that when
a line converts to broadband-only, the
carrier immediately begins receiving the
increased Connect America Fund
Broadband Loop Support (CAF BLS) but
also continues to receive High-cost Loop
Support (HCLS) for two years even
though there is no longer intrastate
voice service on the line because of the
manner in which HCLS is calculated.
Should carriers immediately lose HCLS
for any lines converted to broadband?
Given that CAF BLS support for
broadband-only lines is typically greater
than total HCLS and CAF BLS for voice
and voice/broadband lines, eliminating
HCLS for converted lines would still
provide carriers with sufficient support.
22. Some suggest carriers are
switching consumers from traditional
telephone service to interconnected
VoIP service for the sole purpose of
maximizing overall support amounts.
The Commission seeks comment on
how to encourage the transition to
broadband networks while preventing
carriers from using the transition as a
way to artificially inflate their support
amounts.
23. Is there a way the Commission can
adjust its CAF ICC rules to discourage
any arbitrage? The Commission created
CAF ICC support to aid carriers in the
transition to bill-and-keep for their
traditional voice services, and legacy
carriers are eligible to receive such
support. To calculate a carrier’s CAF
ICC support, a carrier subtracts its
Access Recovery Charge (ARC) assessed
on voice end-users from its ‘‘Eligible
Recovery’’—the total funding a carrier is
entitled to receive from any source
under the Commission’s rules for the
transition. Importantly, the rules
generally require carriers to impute an
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amount on broadband-only lines equal
to the ARCs they would have assessed
on voice and voice/broadband access
lines. Notably, CAF ICC support comes
with limited deployment obligations
and is subject to a fixed annual
reduction of 5% to reflect decreasing
demand due to line loss. Meanwhile,
CAF BLS comes with particularized
deployment obligations and increases to
reflect additional interstate costs when
carriers migrate customers onto
broadband-only lines. What measures
can the Commission take to prevent
carriers from gaming this apparent
mismatch in its universal service and
intercarrier compensation rules?
Specifically, is there a way to determine
whether a legacy carrier is migrating its
customers to broadband only lines as
part of the desired transition to all
broadband networks or to benefit from
increased high-cost support? Are there
circumstances under which a legacy
carrier that converts a line to
broadband-only but retains that voice
customer with interconnected VoIP
service should have to impute some
portion of those revenues against its
CAF ICC support? If so, how much
should be imputed? Are there other
measures the Commission should
consider to address these concerns?
24. To address the unique challenges
of deploying high-speed broadband to
rural Tribal communities, the
Commission incorporates a Tribal
Broadband Factor into the A–CAM II
offer. In recognition that many rural,
Tribal areas contain a high
concentration of low-income
individuals and few business
subscribers—and thus have lower take
rates and potential average revenues per
subscriber than non-Tribal areas—the
Tribal Broadband Factor reduces the
high-cost funding threshold by 25% to
a benchmark of $39.38 for locations in
Indian Country. As a result, carriers
opting for the A–CAM II offer will
receive more funding and be required to
deploy to more locations than they
would have without the Tribal
Broadband Factor. In recent weeks,
NTTA and Gila River have proposed
applying the Tribal Broadband Factor
from the A–CAM II offer to legacy
carriers. NTTA suggests addressing
legacy support by reducing the CAF BLS
‘‘$42 per month per line funding
threshold by 25 percent to $31.50 . . .
[and] revising the HCLS algorithm using
a similar 25 percent factor.’’
25. The Commission seeks comment
on this proposal as well as other ways
to appropriately incorporate a Tribal
Broadband Factor into the legacy
system. First, the Commission seeks
comment on whether to incorporate a
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Tribal Broadband Factor into the legacy
program. How do the differences
between the A–CAM II offer and legacy
support impact the Commission’s
analysis? For example, the A–CAM II
offer is based on the estimated take rates
and potential revenues per subscribers,
whereas the legacy program is based on
actual take rates and imputed revenues
per subscriber. Does this difference
suggest a different means of
implementing a Tribal Broadband
Factor in the legacy program? If so, in
what way? Also, do the newly increased
legacy budget, along with elimination of
the capital investment allowance and
earlier opex limitation relief, mitigate to
a degree the need for a Tribal Broadband
Factor for legacy carriers? If so, how
much?
26. Second, if the Commission were to
proceed with a Tribal Broadband Factor
for CAF BLS, how should it be
structured? For CAF BLS, should the
Commission reduce the $42 per line
funding threshold to $39.38 (the high
cost funding threshold for the A–CAM
II offer), to $31.50 (as suggested by
NTTA), or to some other amount? How
should the structural differences
between the CAF BLS program and the
A–CAM II offer impact the
Commission’s decision? Should the
Commission adopt a Tribal Broadband
factor that applies to all carriers serving
Tribal lands (as the Commission has
defined that for the purposes of the A–
CAM II offer), or should the
Commission target it based on the level
of existing deployments, whether by the
legacy carrier or its competitors? What
additional deployment obligations
should the Commission apply to carriers
receiving the benefit of a Tribal
Broadband Factor? And what other
rules, if any, would the Commission
need to amend to make a Tribal
Broadband Factor a reality for CAF BLS?
27. Third, should the Commission
proceed with a Tribal Broadband Factor
for HCLS? Whereas the A–CAM II offer
is designed to support broadbandcapable networks and requires concrete
buildout obligations in exchange for
support, the HCLS component of the
legacy program is designed to offset the
intrastate costs of voice networks
without any corresponding buildout
obligations. Given that context, would a
Tribal Broadband Factor make sense
applied to HCLS? If so, how could the
Commission revise the HCLS algorithm
to incorporate a Tribal Broadband
Factor? What would the impact be on
other carriers participating in these
programs given the Commission’s
decision to maintain the separate HCLS
funding cap? Should the Commission
create new broadband deployment
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obligations tied to any increase in HCLS
funding from a Tribal Broadband Factor,
and if so, how should the Commission
do so? And what other rules, if any,
would the Commission need to amend
to make a Tribal Broadband Factor a
reality for HCLS?
28. Finally, the Commission seeks
comment on whether there are any other
approaches the Commission should
consider in creating a Tribal Broadband
Factor for legacy rate-of-return carriers.
And if so, what are those approaches
and how should they work?
III. Procedural Matters
A. Paperwork Reduction Act
29. This document contains proposed
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, we seek specific comment
on how we might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
30. Ex Parte Presentations. The
proceeding shall be treated as a ‘‘permitbut-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
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shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 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.
31. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this Initial Regulatory Flexibility
Analysis (IRFA) of the possible
significant economic impact on a
substantial number of small entities
from the policies and rules proposed in
the FNPRM. The Commission requests
written public comment on this IRFA.
Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comments on the
FNPRM. The Commission will send a
copy of the FNPRM, including this
IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration
(SBA).
32. The proposals in this FNPRM seek
to build on efforts to modernize the
high-cost program by targeting support
efficiently and providing market-based
mechanisms to award support. In the
FNPRM, the Commission seeks
comment on issues related to auction
design and service requirements
stemming from the decision to use
competitive bidding in study areas that
are subject to a certain amount of
competitive overlap from unsubsidized
providers. The Commission also seeks
comment whether the Commission
should adopt limits on the number of
converted lines for which a carrier may
seek broadband-only support. Finally,
the Commission seeks comment on
additional support for legacy carriers
serving Tribal areas.
33. 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. 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’’
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under the Small Business Act. A smallbusiness 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 Small Business
Administration (SBA).
34. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. The Commission’s actions,
over time, may affect small entities that
are not easily categorized at present.
The Commission therefore describes
here, at the outset, three broad groups of
small entities that could be directly
affected herein. First, while there are
industry specific size standards for
small businesses that are used in the
regulatory flexibility analysis, according
to data from the SBA’s Office of
Advocacy, in general a small business is
an independent business having fewer
than 500 employees. These types of
small businesses represent 99.9 percent
of all businesses in the United States
which translates to 28.8 million
businesses.
35. Next, the type of small entity
described as a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ Nationwide, as of Aug 2016,
there were approximately 356,494 small
organizations based on registration and
tax data filed by nonprofits with the
Internal Revenue Service (IRS).
36. Finally, the small entity described
as a ‘‘small governmental jurisdiction’’
is defined generally as ‘‘governments of
cities, counties, towns, townships,
villages, school districts, or special
districts, with a population of less than
fifty thousand.’’ U.S. Census Bureau
data from the 2012 Census of
Governments indicates that there were
90,056 local governmental jurisdictions
consisting of general purpose
governments and special purpose
governments in the United States. Of
this number there were 37, 132 General
purpose governments (county,
municipal and town or township) with
populations of less than 50,000 and
12,184 Special purpose governments
(independent school districts and
special districts) with populations of
less than 50,000. The 2012 U.S. Census
Bureau data for most types of
governments in the local government
category shows that the majority of
these governments have populations of
less than 50,000. Based on this data the
Commission estimates that at least
49,316 local government jurisdictions
fall in the category of ‘‘small
governmental jurisdictions.’’
37. In the FNPRM, the Commission
seeks comment on what the deployment
VerDate Sep<11>2014
16:37 Feb 05, 2019
Jkt 247001
obligations should be for areas subject to
competitive bidding in terms of what
locations should be served and at what
minimum speeds. The Commission also
seeks comment on whether additional
measures are needed to address the
increase in the demand for high-cost
USF that results from lines converting
from voice or voice/broadband to
broadband-only. The Commission also
seeks comment on additional support
for legacy carriers serving Tribal areas
and accompanying obligations.
38. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
(among others) the following four
alternatives: (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities. The Commission
expects to consider all of these factors
when it has received substantive
comment from the public and
potentially affected entities.
39. In the concurrently adopted
Report and Order, the Commission
adopts changes whereby support in
certain legacy areas will be awarded
through competitive bidding. In the
FNPRM, the Commission seeks
comment on several auction related
issues. The questions the Commission
asks, in part, aim to reduce economic
impacts on the incumbent LECs and
help with the overall efficiency of the
competitive bidding process.
Furthermore, in seeking comment
whether the Commission should adopt
limits on the number of converted lines
for which a carrier may seek broadbandonly support, it asks about ways to
minimize the impact on carriers. The
Commission also seek comment on
additional support for legacy carriers
serving Tribal areas, accompanying
obligations, and possibly targeting
Tribal areas with lower levels of
deployment.
40. More generally, the Commission
expects to consider the economic
impact on small entities, as identified in
comments filed in response to the
FNPRM and this IRFA, in reaching its
final conclusions and taking action in
this proceeding. The proposals and
questions laid out in the FNPRM were
designed to ensure the Commission has
a complete understanding of the
benefits and potential burdens
PO 00000
Frm 00068
Fmt 4702
Sfmt 9990
associated with the different actions and
methods.
IV. Ordering Clauses
41. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1–4, 5, 201–206, 214, 218–220,
251, 252, 254, 256, 303(r), 332, 403, and
405 of the Communications Act of 1934,
as amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151–155, 201–206, 214, 218–220,
251, 252, 254, 256, 303(r), 403, 405, and
1302, the Further Notice of Proposed
Rulemaking is adopted, effective thirty
(30) days after publication of the text or
summary thereof in the Federal
Register, except for those rules and
requirements involving Paperwork
Reduction Act burdens, which shall
become effective immediately upon
announcement in the Federal Register
of OMB approval, and the rules adopted
pursuant to section III.C.8 of this Report
and Order shall become effective on
January 1, 2020. It is the Commission’s
intention in adopting these rules that if
any of the rules that the Commission’s
retains, modifies, or adopts herein, or
the application thereof to any person or
circumstance, are held to be unlawful,
the remaining portions of the rules not
deemed unlawful, and the application
of such rules to other persons or
circumstances, shall remain in effect to
the fullest extent permitted by law.
42. It is further ordered that, pursuant
to the authority contained in sections 1,
2, 4(i), 5, 201–206, 214, 218–220, 251,
252, 254, 256, 303(r), 332, 403, and 1302
of the Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155, 201–206,
214, 218–220, 251, 252, 254, 256, 303(r),
332, 403, 1302, notice is hereby given of
the proposals and tentative conclusions
described in the Further Notice of
Proposed Rulemaking.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019–01315 Filed 2–5–19; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\06FEP1.SGM
06FEP1
Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2132-2136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01315]
[[Page 2132]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 32, 54, and 65
[WC Docket Nos. 10-90, 14-58, 07-135, CC Docket No. 01-92; FCC 18-176]
Connect America Fund, ETC Annual Reports and Certifications,
Establishing Just and Reasonable Rates for Local Exchange Carriers,
Developing a Unified Intercarrier Compensation Regime
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on how to implement an auction mechanism for
competitive overlapped legacy rate-of-return areas, broadband only line
conversions, and legacy support in Tribal areas.
DATES: Comments are due on or before March 8, 2019 and reply comments
are due on or before April 8, 2019. If you anticipate that you will be
submitting comments, but find it difficult to do so within the period
of time allowed by this document, you should advise the contact listed
below as soon as possible.
ADDRESSES: Pursuant to sections 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 and reply 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).
[ssquf] Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy 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.
[ssquf] 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
8:00 a.m. to 7:00 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.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[ssquf] 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 fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
FOR FURTHER INFORMATION CONTACT: Suzanne Yelen, Wireline Competition
Bureau, (202) 418-7400 or TTY: (202) 418-0484.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in WC Docket Nos. 10-90,
14-58, 07-135, CC Docket No. 01-92; FCC 18-176, adopted on December 12,
2018 and released on December 13, 2018. The full text of this document
is available for public inspection during regular business hours in the
FCC Reference Center, Room CY-A257, 445 12th Street SW, Washington, DC
20554 or at the following internet address: https://docs.fcc.gov/public/attachments/FCC-18-176A1.pdf. The Report and Order and Order on
Reconsideration that was adopted concurrently with the FNPRM is
published elsewhere in this issue of the Federal Register.
I. Introduction
1. In the FNPRM, the Commission is seeking comment on how to
implement an auction mechanism for competitive overlapped legacy rate-
of-return areas, broadband-only line conversions, and legacy support in
Tribal areas.
II. Further Notice of Proposed Rulemaking
2. In the FNPRM, the Commission seeks comment on rules for
implementing its determination that support in areas overlapped or
almost entirely overlapped by unsubsidized competition should be
awarded through an auction. In addition, the Commission seeks comment
on whether it needs to take steps to ensure that the budget for legacy
carriers is sufficient and to address the different amounts of support
provided for voice-only or voice/broadband lines as compared to
broadband-only lines. The Commission also seeks comment on additional
support for legacy carriers serving Tribal areas.
3. In the concurrently adopted Report and Order, the Commission
determines that the use of an auction is a more efficient way to award
support in areas that are overlapped or almost entirely overlapped by
unsubsidized competition. Here, the Commission seeks comment on how
this decision should be implemented, including auction design. In
general, the Commission proposes that the auction process would operate
in substantially the same way as the Connect America Fund (CAF) Phase
II auction, which concluded on August 28, 2018, but seek comment on
whether changes to account for any differences unique to this overlap
auction are necessary and appropriate. Further information regarding
the CAF Phase II auction (Auction 903) is available on the FCC's
website.
4. Affected study areas. Initially, the Commission seeks comment on
what percentage it should use to determine those study areas that are
almost entirely overlapped according to FCC Form 477. Should support in
legacy study areas that are less than 100% overlapped by unsubsidized
competition, e.g., 99% or 95%, also be awarded through competitive
bidding? Currently, there are eight legacy study areas with 100%
overlap and seven legacy study areas with at least 95% overlap with
approximately $12 million in unconstrained projected claims for all 15
study areas for 2018. Rather than solely rely on FCC Form 477 data,
should the Commission then also conduct a challenge process to verify
the affected study areas? Is such a challenge process necessary given
that the areas will be subject to auction?
5. Eligible areas. The Commission proposes to break each study area
into a census geography, such as census block groups, with each unit as
the minimum geographic bidding area. The Commission previously used
census block groups but declined to auction units as small as census
blocks or as large as counties or census tracts for the CAF Phase II
auction. Given that there are likely to be fewer total eligible areas
in this auction, should the Commission instead use census blocks as the
minimum geographic bidding area? The Commission expects to adopt the
bidding unit in the pre-auction process.
6. The Commission proposes to establish the reserve price--the
[[Page 2133]]
maximum amount of support available for each bidding unit prior to the
auction--by proportionally allocating the incumbent's legacy support
across each eligible study area using the costs for each census block
as determined by the cost model in order to account for the relative
costs of providing service among areas. Should the Commission instead
establish reserve prices based on Alternative Connect America Cost
Model (A-CAM) costs, or on some percentage of the incumbent's prior
year's legacy claims? The Commission notes that the CAF Phase II
auction began with an aggregate reserve price for all eligible areas
based on the Commission's cost model, but cleared at 78.35% of the
reserve price. Thus, the CAF Phase II auction reduced the amount of
support needed for these areas to substantially less than the reserve
price. How can the Commission create similar competition in auctions
offering support to overlap areas?
7. Public interest obligations. The Commission proposes to accept
bids in technology neutral service tiers with varying speed and usage
allowances similar to those used in the CAF Phase II auction but
eliminating speeds below 25/3 Mbps, and for each tier will
differentiate between bids that would offer either lower or higher
latency. The following charts summarize the performance tiers and
latency (including the weights as adopted by the Commission for the CAF
Phase II auction):
----------------------------------------------------------------------------------------------------------------
Performance tier Speed Monthly usage allowance Weight
----------------------------------------------------------------------------------------------------------------
Baseline................................ >= 25/3 Mbps.............. >= 150 GB or U.S. median, 45
whichever is higher.
Above Baseline.......................... >= 100/20 Mbps............ >= 2 terabytes (TB)....... 15
Gigabit................................. >= 1 Gbps/500 Mbps........ >= 2 TB................... 0
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Latency Requirement Weight
------------------------------------------------------------------------
Low Latency....................... <= 100 ms........... 0
High Latency...................... <= 750 ms & MOS >= 4 25
------------------------------------------------------------------------
8. Are there any reasons to accept different performance tiers or
different latency metrics? The Commission notes that 99.75% of
locations awarded through the CAF Phase II auction were at speeds of
25/3 Mbps or higher.
9. Winning bidders would be required to serve all locations within
each census block group, with interim and final deployment milestones
similar to those of recipients of CAF Phase II auction support. Should
the Commission make any changes to that framework?
10. Eligibility to participate. The Commission seeks comment on
what entities should be eligible to participate. The Commission
proposes that the auction not be limited only to the incumbent and the
competitors that report coverage within the study area, but open to any
eligible provider. The Commission notes that more auction participants
are more likely to lead to market-based support levels. The Commission
also recognizes the possibility that limiting eligibility could result
in only one or two bidders per study area.
11. The Commission proposes to adopt a two-stage application filing
process for participants in this auction, similar to that used in other
Commission universal service auctions. Specifically, in the pre-auction
``short-form'' application, a potential bidder must establish its
eligibility to participate, providing, among other things, basic
ownership information and certifying to its qualifications to receive
support. After the auction, the Commission would conduct a more
extensive review of the winning bidders' qualifications to receive
support through ``long-form'' applications. Such an approach balances
the need to collect essential information with administrative
efficiency and will provide the Commission with assurance that
interested entities are qualified to meet the relevant terms and
conditions if awarded support.
12. In the CAF Phase II auction, the Commission required applicants
to demonstrate that they had provided voice, broadband, and/or electric
distribution or transmission services for at least two years. The
Commission also adopted an alternative pathway for entities that could
not demonstrate service for two years by instead submitting (1) audited
financial statements for that entity from the three most recent
consecutive fiscal years, including balance sheets, net income, and
cash flow, and (2) a letter of interest from a qualified bank with
terms acceptable to the Commission that the bank would provide a letter
of credit to the bidder. Should the Commission adopt the same or
similar requirements for this auction?
13. Auction design. The Commission also seeks comment on the
appropriate auction design for offering support in overlap areas. The
Commission already has competitive bidding rules that allow for the
subsequent determination of specific final auction procedures based on
additional public input during the pre-auction process. The Commission
proposes to use the same auction design as it did in the CAF Phase II
auction--a multi-round, descending clock auction in which bidders
selecting different performance levels will compete head-to-head in the
auction, with weights to take into account the Commission's preference
for higher speeds over lower speeds, higher usage allowances over lower
usage allowances, and low latency over high latency. The Commission
proposes to auction all affected study areas nationwide in the same
auction. The Commission seeks comment on whether any auction design
changes should be made to take into account any differences between the
nature of competition in the CAF Phase II auction and an auction of
support for overlap areas. If so, the Commission asks that commenters
identify and describe recommended changes with specificity. Consistent
with prior practice, the Commission proposes to develop the specific
details of the auction as part of the pre-auction process.
14. Transition for incumbent provider. The Commission proposes that
any incumbent that does not apply to participate in the auction shall
have its support reduced, regardless of whether other carriers apply or
bid. The Commission infers that by not applying to participate in the
auction the incumbent is demonstrating that it does not need any of its
limited universal service funds to continue providing service to its
area.
15. The Commission seeks comment on what should happen to the
legacy rate-of-return support mechanisms for
[[Page 2134]]
an incumbent local exchange carrier (LEC) when it, but no other
carrier, bids in the incumbent's area. The Commission also seeks
comment on whether, if the incumbent LEC is the sole applicant to bid
in its service area, and no other carriers apply to bid, the incumbent
should continue to receive support pursuant to the legacy rate-of-
return support mechanisms? Should the Commission infer that by not
applying to participate in the auction the competitors are
demonstrating that they are not capable of providing service to the
entire study area?
16. If the incumbent LEC does not win at auction, what, if any,
transitional support should be provided to the incumbent, and how
should the Commission best ensure customers who are currently served by
the incumbent do not lose access to voice service or existing broadband
service prior to the deployment of service to those locations by the
winning bidder?
17. Oversight and accountability. The Commission proposes that the
same oversight and non-compliance framework as used in the CAF Phase II
auction would apply to auctions offering support to overlap areas. Are
there any modifications that should be made and, if so, why?
18. Frequency of auctions. The Commission's previous 100% overlap
process was conducted every other year. Should the Commission conduct
these auctions on a similar schedule, based on the most recent FCC Form
477 data?
19. As described in the concurrently adopted Report and Order, the
Commission is concerned that as carriers move from offering voice and
voice/broadband lines to broadband-only lines, the amount of support
required from the Fund will increase. To address this concern, the
Commission has adopted a minimum of a 7% budgetary increase in 2019.
The Commission anticipates that this 7% increase should exceed any
increases to the budget due to conversions of lines from voice or
voice/broadband to broadband-only. The Commission previously recognized
the importance of giving consumers the flexibility to purchase
broadband-only lines, which may provide an opportunity to move from
``plain old telephone service'' (POTS) to new IP-based services.
Nonetheless, the Commission understands concerns that some carriers may
be moving consumers onto broadband-only lines for the purpose of
artificially increasing the support they receive from the Fund. The
Commission seeks comment on whether other measures are necessary or
advisable to address this issue.
20. The Commission seeks comment on whether the Commission should
adopt limits on the number of converted lines for which a carrier may
seek broadband-only support. Several parties have informally suggested
this may be a useful method of limiting increases to the budget.
Although this approach would allow for a planned and smooth increase to
the budget, it puts an artificial constraint on conversions. More and
more customers want broadband-only lines, with interconnected VoIP or
wireless service for voice. Such limitations could also lead to
arbitrage opportunities as carriers seek to adjust their line counts.
The Commission seeks comment on whether the benefits of such a
limitation would exceed the burdens.
21. The Commission also seeks comment on other methods of
addressing the increased funding needs as lines convert to broadband-
only. First, the Commission notes that when a line converts to
broadband-only, the carrier immediately begins receiving the increased
Connect America Fund Broadband Loop Support (CAF BLS) but also
continues to receive High-cost Loop Support (HCLS) for two years even
though there is no longer intrastate voice service on the line because
of the manner in which HCLS is calculated. Should carriers immediately
lose HCLS for any lines converted to broadband? Given that CAF BLS
support for broadband-only lines is typically greater than total HCLS
and CAF BLS for voice and voice/broadband lines, eliminating HCLS for
converted lines would still provide carriers with sufficient support.
22. Some suggest carriers are switching consumers from traditional
telephone service to interconnected VoIP service for the sole purpose
of maximizing overall support amounts. The Commission seeks comment on
how to encourage the transition to broadband networks while preventing
carriers from using the transition as a way to artificially inflate
their support amounts.
23. Is there a way the Commission can adjust its CAF ICC rules to
discourage any arbitrage? The Commission created CAF ICC support to aid
carriers in the transition to bill-and-keep for their traditional voice
services, and legacy carriers are eligible to receive such support. To
calculate a carrier's CAF ICC support, a carrier subtracts its Access
Recovery Charge (ARC) assessed on voice end-users from its ``Eligible
Recovery''--the total funding a carrier is entitled to receive from any
source under the Commission's rules for the transition. Importantly,
the rules generally require carriers to impute an amount on broadband-
only lines equal to the ARCs they would have assessed on voice and
voice/broadband access lines. Notably, CAF ICC support comes with
limited deployment obligations and is subject to a fixed annual
reduction of 5% to reflect decreasing demand due to line loss.
Meanwhile, CAF BLS comes with particularized deployment obligations and
increases to reflect additional interstate costs when carriers migrate
customers onto broadband-only lines. What measures can the Commission
take to prevent carriers from gaming this apparent mismatch in its
universal service and intercarrier compensation rules? Specifically, is
there a way to determine whether a legacy carrier is migrating its
customers to broadband only lines as part of the desired transition to
all broadband networks or to benefit from increased high-cost support?
Are there circumstances under which a legacy carrier that converts a
line to broadband-only but retains that voice customer with
interconnected VoIP service should have to impute some portion of those
revenues against its CAF ICC support? If so, how much should be
imputed? Are there other measures the Commission should consider to
address these concerns?
24. To address the unique challenges of deploying high-speed
broadband to rural Tribal communities, the Commission incorporates a
Tribal Broadband Factor into the A-CAM II offer. In recognition that
many rural, Tribal areas contain a high concentration of low-income
individuals and few business subscribers--and thus have lower take
rates and potential average revenues per subscriber than non-Tribal
areas--the Tribal Broadband Factor reduces the high-cost funding
threshold by 25% to a benchmark of $39.38 for locations in Indian
Country. As a result, carriers opting for the A-CAM II offer will
receive more funding and be required to deploy to more locations than
they would have without the Tribal Broadband Factor. In recent weeks,
NTTA and Gila River have proposed applying the Tribal Broadband Factor
from the A-CAM II offer to legacy carriers. NTTA suggests addressing
legacy support by reducing the CAF BLS ``$42 per month per line funding
threshold by 25 percent to $31.50 . . . [and] revising the HCLS
algorithm using a similar 25 percent factor.''
25. The Commission seeks comment on this proposal as well as other
ways to appropriately incorporate a Tribal Broadband Factor into the
legacy system. First, the Commission seeks comment on whether to
incorporate a
[[Page 2135]]
Tribal Broadband Factor into the legacy program. How do the differences
between the A-CAM II offer and legacy support impact the Commission's
analysis? For example, the A-CAM II offer is based on the estimated
take rates and potential revenues per subscribers, whereas the legacy
program is based on actual take rates and imputed revenues per
subscriber. Does this difference suggest a different means of
implementing a Tribal Broadband Factor in the legacy program? If so, in
what way? Also, do the newly increased legacy budget, along with
elimination of the capital investment allowance and earlier opex
limitation relief, mitigate to a degree the need for a Tribal Broadband
Factor for legacy carriers? If so, how much?
26. Second, if the Commission were to proceed with a Tribal
Broadband Factor for CAF BLS, how should it be structured? For CAF BLS,
should the Commission reduce the $42 per line funding threshold to
$39.38 (the high cost funding threshold for the A-CAM II offer), to
$31.50 (as suggested by NTTA), or to some other amount? How should the
structural differences between the CAF BLS program and the A-CAM II
offer impact the Commission's decision? Should the Commission adopt a
Tribal Broadband factor that applies to all carriers serving Tribal
lands (as the Commission has defined that for the purposes of the A-CAM
II offer), or should the Commission target it based on the level of
existing deployments, whether by the legacy carrier or its competitors?
What additional deployment obligations should the Commission apply to
carriers receiving the benefit of a Tribal Broadband Factor? And what
other rules, if any, would the Commission need to amend to make a
Tribal Broadband Factor a reality for CAF BLS?
27. Third, should the Commission proceed with a Tribal Broadband
Factor for HCLS? Whereas the A-CAM II offer is designed to support
broadband-capable networks and requires concrete buildout obligations
in exchange for support, the HCLS component of the legacy program is
designed to offset the intrastate costs of voice networks without any
corresponding buildout obligations. Given that context, would a Tribal
Broadband Factor make sense applied to HCLS? If so, how could the
Commission revise the HCLS algorithm to incorporate a Tribal Broadband
Factor? What would the impact be on other carriers participating in
these programs given the Commission's decision to maintain the separate
HCLS funding cap? Should the Commission create new broadband deployment
obligations tied to any increase in HCLS funding from a Tribal
Broadband Factor, and if so, how should the Commission do so? And what
other rules, if any, would the Commission need to amend to make a
Tribal Broadband Factor a reality for HCLS?
28. Finally, the Commission seeks comment on whether there are any
other approaches the Commission should consider in creating a Tribal
Broadband Factor for legacy rate-of-return carriers. And if so, what
are those approaches and how should they work?
III. Procedural Matters
A. Paperwork Reduction Act
29. This document contains proposed information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, we
seek specific comment on how we might further reduce the information
collection burden for small business concerns with fewer than 25
employees.
30. Ex Parte Presentations. The proceeding 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 rule 1.1206(b). In proceedings governed by
rule 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.
31. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities from the policies and rules
proposed in the FNPRM. The Commission requests written public comment
on this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments on the FNPRM. The
Commission will send a copy of the FNPRM, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
32. The proposals in this FNPRM seek to build on efforts to
modernize the high-cost program by targeting support efficiently and
providing market-based mechanisms to award support. In the FNPRM, the
Commission seeks comment on issues related to auction design and
service requirements stemming from the decision to use competitive
bidding in study areas that are subject to a certain amount of
competitive overlap from unsubsidized providers. The Commission also
seeks comment whether the Commission should adopt limits on the number
of converted lines for which a carrier may seek broadband-only support.
Finally, the Commission seeks comment on additional support for legacy
carriers serving Tribal areas.
33. 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. 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''
[[Page 2136]]
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 Small Business Administration (SBA).
34. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes here, at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the SBA's
Office of Advocacy, in general a small business is an independent
business having fewer than 500 employees. These types of small
businesses represent 99.9 percent of all businesses in the United
States which translates to 28.8 million businesses.
35. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
Nationwide, as of Aug 2016, there were approximately 356,494 small
organizations based on registration and tax data filed by nonprofits
with the Internal Revenue Service (IRS).
36. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2012 Census of Governments indicates that there
were 90,056 local governmental jurisdictions consisting of general
purpose governments and special purpose governments in the United
States. Of this number there were 37, 132 General purpose governments
(county, municipal and town or township) with populations of less than
50,000 and 12,184 Special purpose governments (independent school
districts and special districts) with populations of less than 50,000.
The 2012 U.S. Census Bureau data for most types of governments in the
local government category shows that the majority of these governments
have populations of less than 50,000. Based on this data the Commission
estimates that at least 49,316 local government jurisdictions fall in
the category of ``small governmental jurisdictions.''
37. In the FNPRM, the Commission seeks comment on what the
deployment obligations should be for areas subject to competitive
bidding in terms of what locations should be served and at what minimum
speeds. The Commission also seeks comment on whether additional
measures are needed to address the increase in the demand for high-cost
USF that results from lines converting from voice or voice/broadband to
broadband-only. The Commission also seeks comment on additional support
for legacy carriers serving Tribal areas and accompanying obligations.
38. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include (among others) the following four alternatives: (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. The Commission expects to consider all of these factors when
it has received substantive comment from the public and potentially
affected entities.
39. In the concurrently adopted Report and Order, the Commission
adopts changes whereby support in certain legacy areas will be awarded
through competitive bidding. In the FNPRM, the Commission seeks comment
on several auction related issues. The questions the Commission asks,
in part, aim to reduce economic impacts on the incumbent LECs and help
with the overall efficiency of the competitive bidding process.
Furthermore, in seeking comment whether the Commission should adopt
limits on the number of converted lines for which a carrier may seek
broadband-only support, it asks about ways to minimize the impact on
carriers. The Commission also seek comment on additional support for
legacy carriers serving Tribal areas, accompanying obligations, and
possibly targeting Tribal areas with lower levels of deployment.
40. More generally, the Commission expects to consider the economic
impact on small entities, as identified in comments filed in response
to the FNPRM and this IRFA, in reaching its final conclusions and
taking action in this proceeding. The proposals and questions laid out
in the FNPRM were designed to ensure the Commission has a complete
understanding of the benefits and potential burdens associated with the
different actions and methods.
IV. Ordering Clauses
41. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1-4, 5, 201-206, 214, 218-220, 251, 252, 254,
256, 303(r), 332, 403, and 405 of the Communications Act of 1934, as
amended, and section 706 of the Telecommunications Act of 1996, 47
U.S.C. 151-155, 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 403,
405, and 1302, the Further Notice of Proposed Rulemaking is adopted,
effective thirty (30) days after publication of the text or summary
thereof in the Federal Register, except for those rules and
requirements involving Paperwork Reduction Act burdens, which shall
become effective immediately upon announcement in the Federal Register
of OMB approval, and the rules adopted pursuant to section III.C.8 of
this Report and Order shall become effective on January 1, 2020. It is
the Commission's intention in adopting these rules that if any of the
rules that the Commission's retains, modifies, or adopts herein, or the
application thereof to any person or circumstance, are held to be
unlawful, the remaining portions of the rules not deemed unlawful, and
the application of such rules to other persons or circumstances, shall
remain in effect to the fullest extent permitted by law.
42. It is further ordered that, pursuant to the authority contained
in sections 1, 2, 4(i), 5, 201-206, 214, 218-220, 251, 252, 254, 256,
303(r), 332, 403, and 1302 of the Communications Act of 1934, as
amended, and section 706 of the Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155, 201-206, 214, 218-220, 251, 252, 254,
256, 303(r), 332, 403, 1302, notice is hereby given of the proposals
and tentative conclusions described in the Further Notice of Proposed
Rulemaking.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-01315 Filed 2-5-19; 8:45 am]
BILLING CODE 6712-01-P