Connect America Fund; Universal Service Reform-Mobility Fund, 8003-8006 [2019-03635]
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Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Rules and Regulations
enforce its requirements. (See section
307(b)(2).)
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
List of Subjects in 40 CFR Part 62
National Endowment for the Arts
Administrative practice and
procedure, Air pollution control,
Environmental protection, Commercial
and Industrial Solid Waste Incinerators,
Intergovernmental relations, Other Solid
Waste Incinerator Units, Reporting and
record-keeping requirements.
Dated: February 25, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
Procedures for Disclosure of Records
Under the Freedom of Information Act;
Corrections
ACTION:
Correcting amendments.
On February 27, 2019, the
National Endowment for the Arts
revised its FOIA rules. That document
inadvertently contained two paragraphs
with the same designation. This
document corrects the final regulations.
1. The authority citation for part 62
continues to read as follows:
DATES:
Authority: 42 U.S.C. 7401 et seq.
Effective March 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Daniel Fishman, Attorney Advisor,
National Endowment for the Arts, 400
7th St. SW, Washington, DC 20506,
Telephone: 202–682–5514.
2. Add §§ 62.5880 and 62.5890 and
their undesignated center headings to
subpart Y to read as follows:
*
*
*
*
*
■
Control of Air Emissions From
Commercial and Industrial Solid Waste
Incineration Units
§ 62.5880 Identification of plan—negative
declaration.
On February 3, 2017, the Minnesota
Pollution Control Agency submitted a
negative declaration letter to EPA
certifying that there are no existing
Commercial and Industrial Solid Waste
Incineration (CISWI) units in the State
of Minnesota subject to the emissions
guidelines at 40 CFR part 60, subpart
DDDD.
Control of Air Emissions From Other
Solid Waste Incineration Units
§ 62.5890 Identification of plan—negative
declaration.
On June 21, 2017, the Minnesota
Pollution Control Agency submitted a
negative declaration letter to EPA
certifying that there are no existing
Other Solid Waste Incineration (OSWI)
units in the State of Minnesota subject
to the emissions guidelines at 40 CFR
part 60, subpart FFFF.
BILLING CODE 6560–50–P
RIN 3135–AA27
SUMMARY:
■
[FR Doc. 2019–04069 Filed 3–5–19; 8:45 am]
BILLING CODE 7537–01–P
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
On
February 27, 2019, the Arts Endowment
published its final action in Procedures
for Disclosure of Records under the
Freedom of Information Act (84 FR
6344). The final regulatory text
inadvertently contained two paragraphs
that were both designated to appear at
§ 1148.10(a)(1)(ii). This correction
amends the regulations to properly
designate these paragraphs.
SUPPLEMENTARY INFORMATION:
List of Subjects in 45 CFR Part 1148
Administrative practice and
procedure, Archives and records,
Freedom of information.
Accordingly, 45 CFR chapter XI,
subchapter B, part 1148 is corrected by
making the following correcting
amendments:
PART 1148—PROCEDURES FOR
DISCLOSURE OF RECORDS UNDER
THE FREEDOM OF INFORMATION ACT
(FOIA)
1. The authority citation for part 1148
continues to read as follows:
■
Authority: 5 U.S.C. 552; 28 U.S.C. 1746; 31
U.S.C. 3717; E.O. 12600, 52 FR 23781, 3 CFR,
1987 Comp.
§ 1148.10
[Amended]
2. In § 1148.10, redesignate the second
paragraph (a)(1)(ii) as paragraph
(a)(1)(iii).
■
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Dated: February 28, 2019.
Jillian Miller,
Director, Office of Guidelines and Panel
Operations, National Endowment for the Arts.
[FR Doc. 2019–03968 Filed 3–5–19; 8:45 am]
45 CFR Part 1148
AGENCY:
40 CFR part 62 is amended as follows:
8003
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 10–90, WT Docket No. 10–
208; FCC 18–183]
Connect America Fund; Universal
Service Reform—Mobility Fund
Federal Communications
Commission.
ACTION: Final action.
AGENCY:
In this document, the
Commission extends the timeframe for
the collection of speed test data for
Mobility Fund Phase II (MF–II)
challenges and for the collection of data
by respondents to MF–II challenges by
90 days. Speed test data in support of
a challenge will be accepted if collected
on or after February 27, 2018, and
through November 26, 2018.
Respondents may submit information
that was collected any time on or after
April 29, 2018, through the close of the
response window.
DATES: The Order is effective March 6,
2019.
FOR FURTHER INFORMATION CONTACT:
Office of Economics and Analytics,
Auctions Division, Audra Hale-Maddox,
at (202) 418–0660.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Third
Report and Order in WC Docket No. 10–
90 and WT Docket No. 10–208; FCC 18–
183, adopted on December 13, 2018, and
released on January 03, 2019. 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 EDOCS web page at
https://www.fcc.gov/edocs. 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).
Regulatory Flexibility Analysis: As
required by the Regulatory Flexibility
SUMMARY:
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Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Rules and Regulations
Act of 1980, the Commission has
prepared a Final Regulatory Flexibility
Analysis (FRFA) of the possible
significant economic impact on small
entities of the policies and rules
adopted in this document. The FRFA is
set forth in the Third Report and Order
and is summarized below. The
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
this Third Report and Order, including
the FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA).
Paperwork Reduction Act: This Third
Report and Order implements the
information collection requirements
adopted in the MF–II Challenge Process
Order, 82 FR 42473, September 8, 2017,
(PRA approval published 83 FR 6562
(Feb. 14, 2018)), and does not contain
any additional information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. On February 7, 2018, the
Commission received PRA approval
from the Office of Management and
Budget (OMB) for the information
collection requirements related to the
challenge process, as adopted in the
MF–II Challenge Process Order. Because
this Third Report and Order does not
adopt any additional information
collection requirements beyond those
adopted in the MF–II Challenge Process
Order and approved by OMB, it does
not implicate the procedural
requirements of the PRA or the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198.
Congressional Review Act: The
Commission will send a copy of this
Third Report and Order to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act.
Synposis: On December 13, 2018, the
Commission adopted a Third Report
and Order in WC Docket No. 10–90 and
WT Docket No. 10–208 extending the
data collection periods for MF–II
challenges and responses by 90 days.
Previously, the Commission extended
the deadline for the close of the
Mobility Fund Phase II challenge
window by 90 days. Challengers had
until November 26, 2018, to submit
speed test data in support of a
challenge. At the time that the
Commission extended the challenge
window, it also proposed to extend by
90 days the periods during which
challengers and respondents could
collect data.
I. Background
1. In 2017, the Commission adopted
rules to move forward on a reverse
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auction that will direct up to $4.53
billion of MF–II support over ten years
to providers in geographic areas lacking
unsubsidized 4G Long Term Evolution
(LTE) services. The Commission also
determined that it would establish
standards for mobile providers to make
a one-time submission of current 4G
LTE coverage data, compile a list of
areas that were presumptively eligible
for MF–II support, and provide a
timeframe before the auction during
which interested parties could challenge
areas that were not listed as
presumptively eligible (i.e.,
‘‘presumptively ineligible’’ areas).
Mobile providers had to file their
coverage data with certifications by a
qualified engineer, under penalty of
perjury. The Rural Broadband Auctions
Task Force, in conjunction with the
Wireless Telecommunications Bureau
and the Wireline Competition Bureau,
compiled the one-time collection of 4G
LTE coverage data and subsidy data
from the Universal Service
Administrative Company (USAC) to
create the resulting map of areas
presumptively eligible for MF–II
support.
2. The MF–II Challenge Process Order
established the framework for a robust
challenge process that will refine the
map of areas presumptively eligible to
receive MF–II support. This challenge
process is designed to efficiently resolve
disputes about the eligibility of
presumptively ineligible areas using
mobile network speed test data. During
the challenge window, interested parties
could contest the initial determination
of areas deemed presumptively
ineligible for MF–II support. An eligible
challenger could access USAC’s web
data portal and download the providerspecific confidential coverage data
necessary to begin conducting speed
tests to challenge assertions of coverage.
After the close of the challenge window,
a respondent would have the
opportunity to respond to challenges by
submitting its own speed test data or
certain technical information that is
probative of the validity of the
challenger’s speed tests. Challenged
parties will have 30 days to review
challenges and supporting data in the
USAC portal before the opening of the
response window. Once opened, the
response window will close 30 days
later.
3. The Commission initially
established a challenge window of 150
days, which began on March 29, 2018,
and it was scheduled to close on August
27, 2018. After the Commission adopted
the timeframe for the challenge window,
the Rural Wireless Association (RWA)
submitted ex parte data regarding
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estimated burdens of the challenge
process, including specific estimates of
the amount of time required to conduct
speed tests in certain areas. Taking this
ex parte burden data into account, the
Commission extended the challenge
window in its August 2018 MF–II
Challenge Process Extension Order, 83
FR 44241, August 30, 2018, for an
additional 90 days, to November 26,
2018.
4. Under the standards adopted in the
MF–II Challenge Process Order, speed
test data for a challenge would only be
accepted if such data were collected
within the six months preceding the
scheduled close of the challenge
window. The Commission adopted the
six-month collection period for speed
test data because ongoing deployment of
new 4G LTE service raised concerns
‘‘that speed measurements taken before
the submission of updated coverage
maps may not reflect the current
consumer experience.’’ That six-month
period commenced on February 27,
2018, upon the publication of the map
of presumptively eligible areas.
Similarly, the standard for data to be
submitted by a respondent required that
such data be collected within six
months before the close of the response
window.
5. When extending the challenge
window in the MF–II Challenge Process
Extension Order, the Commission
proposed in the MF–II Challenge
Process Extension Notice of Proposed
Rulemaking, 83 FR 44254, August 30,
2018, to extend the periods during
which both challengers and challenged
parties could collect information from
six months to at least nine months. The
Commission offered these proposals in
recognition that challengers could have
already collected speed test data before
the challenge window was extended, in
which case data collected between
February 27, 2018, and May 28, 2018,
would not be acceptable absent an
expansion of the initially adopted sixmonth data collection period. The
Commission tentatively concluded that
this modification to the data timeframe
requirements would serve the public
interest by preventing challengers from
having to repeat speed tests and would
more effectively implement MF–II
policy. Three parties submitted
comments in response to the Notice of
Proposed Rulemaking (NPRM). No
commenters opposed the proposed
modification to the data timeframe
requirements.
II. Order Extending the Challenge Data
Collection Window
6. The Commission adopts the
proposal to accept speed test data for
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Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Rules and Regulations
MF–II challenges collected on or after
February 27, 2018, through the new
close of the challenge window,
November 26, 2018. All commenters
support the proposal. RWA stated that
some of its member companies spent
significant amounts of money
performing testing before May 28 and
that those expenses would be wasted if
the timeframe for acceptable testing
were not also extended. U.S. Cellular
and Competitive Carriers Association
(CCA) agreed with the Commission’s
stated rationale that extending the
timeframe would avoid unnecessary
retesting while collecting accurate data.
To relieve challengers of the needless
repetition of speed tests conducted
before May 28 and to more effectively
implement the MF–II challenge process,
the Commission modifies the initially
adopted requirement that challenger
speed test data be collected within six
months before the scheduled close of
the challenge window. This
modification allows challengers to
submit the results of speed tests taken
during the entire nine-month challenge
process data collection window. When
setting the original challenge process
data collection window, the
Commission stated that it was
concerned that challenge data collected
before deployments made in
conjunction with the submission of
updated coverage maps from current
providers might not reflect the current
consumer experience. The Commission
therefore required that challenge data be
collected after the publication of the
initial eligibility map and within six
months of the scheduled close of the
challenge window (which at the time
were exactly contiguous periods). But
given the Commission’s extension of the
challenge window by three months,
extending the data collection period by
a similar period does not permit
submission of data collected prior to the
submission of the updated coverage
maps.
7. Likewise, the Commission adopts
the proposal to afford respondents the
same additional amount of time as
challengers to collect information for
the MF–II challenge process. Hence,
during the response window,
respondents may submit information
that was collected any time on or after
April 29, 2018, through the close of the
response window. This change is
consistent with the MF–II Challenge
Process Order’s generally parallel
standards for challengers and
respondents. CCA supports an extension
to provide respondents with a similar
timing requirement as challengers. As
CCA observes, providing respondents
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with a similar data collection time
period appropriately balances the
interests of respondents with the
Commission’s interest in receiving data
collected recently. As stated above for
challengers, this extension of the data
collection period for respondents would
not permit submission of any data
collected before the publication of the
presumptively eligible areas map, and
therefore the permitted data would not
create data recency concerns.
Accordingly, a respondent would have
at least nine months to collect speed test
data for its own network or certain
technical information probative of the
validity of the challenger’s speed tests.
Respondents’ speed tests collected on or
after April 29, 2018, will be considered
valid.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
8. The Third Report and Order
implements the information collection
requirements adopted in the MF–II
Challenge Process Order and does not
contain any additional information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. On February
7, 2018, the Commission received PRA
approval from the Office of Management
and Budget (OMB) for the information
collection requirements related to the
challenge process, as adopted in the
MF–II Challenge Process Order. Because
this Order does not adopt any additional
information collection requirements
beyond those adopted in the MF–II
Challenge Process Order and approved
by OMB, this Order does not implicate
the procedural requirements of the PRA
or the Small Business Paperwork Relief
Act of 2002, Public Law 107–198.
B. Congressional Review Act
9. The Commission will send a copy
of the Third Report and Order to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act.
C. Final Regulatory Flexibility
Certification
10. 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
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8005
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 Small Business
Administration (SBA).
11. As required by the 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 MF–II
FNPRMs including comments on the
IRFAs and Supplemental IRFA. The
Commission included Final Regulatory
Flexibility Analyses (FRFAs) in
connection with the CAF Report &
Order, 79 FR 39163, July 9, 2014, and
Further Notice of Proposed Rulemaking
(FNPRM), 79 FR 39196, July 9, 2014, the
MF–II Report & Order, 82 FR 15422,
March 28, 2017, the MF–II Challenge
Process Order, and the MF–II Second
Order on Reconsideration, 83 FR 17934,
April 25, 2018 (collectively, the MF–II
Orders).
12. The new requirements adopted in
this Order provide additional time for
valid data collection for both
challengers and respondents. In so
doing, this change will align the
challenge process data requirements
with the procedural rule change,
adopted in the MF–II Challenge Process
Extension Order, extending the
challenge window deadline by 90 days.
Due to the minor effect of these changes,
the Commission anticipates that there
will be no significant economic impact
on any of the small entities identified in
the MF–II FNPRMs and MF–II Orders.
Therefore, the Commission certifies that
the requirements of the Order will not
have a significant economic impact on
a substantial number of small entities.
IV. Ordering Clauses
13. Accordingly, it is ordered that
pursuant to the authority contained in
sections 1, 4(i) and (j), 254, 303(r), and
332 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), (j),
254, 303(r), 332, and §§ 1.1 and 1.425 of
the Commission’s rules, 47 CFR 1.1,
1.425, this Order is adopted.
14. It is further ordered that, pursuant
to the authority contained in sections 1,
4(i) and (j), 254, 303(r), and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), (j), 254,
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Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Rules and Regulations
303(r), 332, and §§ 1.1 and 1.425 of the
Commission’s rules, 47 CFR 1.1, 1.425,
the windows for challengers and
respondents to collect information in
connection with the MF–II challenge
process are extended, to the extent
described herein.
15. It is further ordered that, pursuant
to § 1.427(b) of the Commission’s rules,
47 CFR 1.427(b), this Order shall be
effective upon its publication in the
Federal Register.
16. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order, including the Final
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
SBA.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019–03635 Filed 3–5–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 172 and 173
[Docket No. PHMSA–2016–0014 (HM–224I)]
RIN 2137–AF20
Hazardous Materials: Enhanced Safety
Provisions for Lithium Batteries
Transported by Aircraft (FAA
Reauthorization Act of 2018)
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Interim final rule (IFR).
AGENCY:
PHMSA issues this interim
final rule (IFR) to revise the Hazardous
Materials Regulations for lithium cells
and batteries transported by aircraft.
This IFR prohibits the transport of
lithium ion cells and batteries as cargo
on passenger aircraft; requires lithium
ion cells and batteries to be shipped at
not more than a 30 percent state of
charge aboard cargo-only aircraft when
not packed with or contained in
equipment; and limits the use of
alternative provisions for small lithium
cell or battery shipments to one package
per consignment. This IFR does not
restrict passengers or crew members
from bringing personal items or
electronic devices containing lithium
cells or batteries aboard aircraft, or
restrict cargo-only aircraft from
transporting lithium ion cells or
SUMMARY:
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18:28 Mar 05, 2019
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batteries at a state of charge exceeding
30 percent when packed with or
contained in equipment or devices.
DATES:
Effective date: This interim final rule
is effective on March 6, 2019.
Comment date: Comments must be
received by May 6, 2019.
ADDRESSES: You may submit comments
identified by Docket Number [PHMSA–
2016–0014 (HM–224I)] by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
ground floor of the West Building, 1200
New Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number for this rulemaking at the
beginning of the comment. Note that all
comments received will be posted
without change to the docket
management system, including any
personal information provided.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Shelby Geller, (202) 366–8553,
Standards and Rulemaking Division,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Current Lithium Battery Transportation
Requirements
III. Need for the Rule
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A. FAA Technical Center Testing
B. ICAO Activities
C. Risk Potential
D. Alternative Transport Conditions
IV. Good Cause for Immediate Adoption
V. Summary of Changes
A. Passenger Aircraft Prohibition
B. State of Charge Requirement
C. Consignment and Overpack Restriction
D. Limited Exceptions to Restrictions on
Air Transportation of Medical Device
Cells or Batteries
VI. Regulatory Analysis and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13771
D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act, Executive
Order 13272, and DOT Regulatory
Policies and Procedures
G. Paperwork Reduction Act
H. Regulation Identifier Number (RIN)
I. Unfunded Mandates Reform Act
J. Environmental Assessment
K. Privacy Act
L. Executive Order 13609 and International
Trade Analysis
List of Subjects
I. Executive Summary
The safe transport of lithium batteries
by air has been an ongoing concern due
to the unique challenges they pose to
safety in the air transportation
environment. Unlike other hazardous
materials, lithium batteries contain both
a chemical and an electrical hazard.
This combination of hazards, when
involved in a fire encompassing
significant quantities of lithium
batteries, may exceed the fire
suppression capability of the aircraft
and lead to a catastrophic loss of the
aircraft.
The Pipeline and Hazardous Materials
Safety Administration (PHMSA) issues
this interim final rule (IFR) to amend
the Hazardous Materials Regulations
(HMR; 49 CFR parts 171–180) to (1)
prohibit the transport of lithium ion
cells and batteries as cargo on passenger
aircraft; (2) require all lithium ion cells
and batteries to be shipped at not more
than a 30 percent state of charge on
cargo-only aircraft; and (3) limit the use
of alternative provisions for small
lithium cell or battery to one package
per consignment. These amendments
will predominately affect air carriers
(both passenger and cargo-only) and
shippers offering lithium ion cells and
batteries for transport as cargo by
aircraft. The amendments will not
restrict passengers or crew members
from bringing personal items or
electronic devices containing lithium
cells or batteries aboard aircraft, or
restrict the air transport of lithium ion
cells or batteries when packed with or
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]]>Agencies
[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Rules and Regulations]
[Pages 8003-8006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03635]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 10-90, WT Docket No. 10-208; FCC 18-183]
Connect America Fund; Universal Service Reform--Mobility Fund
AGENCY: Federal Communications Commission.
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission extends the timeframe for the
collection of speed test data for Mobility Fund Phase II (MF-II)
challenges and for the collection of data by respondents to MF-II
challenges by 90 days. Speed test data in support of a challenge will
be accepted if collected on or after February 27, 2018, and through
November 26, 2018. Respondents may submit information that was
collected any time on or after April 29, 2018, through the close of the
response window.
DATES: The Order is effective March 6, 2019.
FOR FURTHER INFORMATION CONTACT: Office of Economics and Analytics,
Auctions Division, Audra Hale-Maddox, at (202) 418-0660.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order in WC Docket No. 10-90 and WT Docket No. 10-208; FCC
18-183, adopted on December 13, 2018, and released on January 03, 2019.
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 EDOCS web page at https://www.fcc.gov/edocs.
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).
Regulatory Flexibility Analysis: As required by the Regulatory
Flexibility
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Act of 1980, the Commission has prepared a Final Regulatory Flexibility
Analysis (FRFA) of the possible significant economic impact on small
entities of the policies and rules adopted in this document. The FRFA
is set forth in the Third Report and Order and is summarized below. The
Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, will send a copy of this Third Report and Order,
including the FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA).
Paperwork Reduction Act: This Third Report and Order implements the
information collection requirements adopted in the MF-II Challenge
Process Order, 82 FR 42473, September 8, 2017, (PRA approval published
83 FR 6562 (Feb. 14, 2018)), and does not contain any additional
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. On February 7, 2018, the
Commission received PRA approval from the Office of Management and
Budget (OMB) for the information collection requirements related to the
challenge process, as adopted in the MF-II Challenge Process Order.
Because this Third Report and Order does not adopt any additional
information collection requirements beyond those adopted in the MF-II
Challenge Process Order and approved by OMB, it does not implicate the
procedural requirements of the PRA or the Small Business Paperwork
Relief Act of 2002, Public Law 107-198.
Congressional Review Act: The Commission will send a copy of this
Third Report and Order to Congress and the Government Accountability
Office pursuant to the Congressional Review Act.
Synposis: On December 13, 2018, the Commission adopted a Third
Report and Order in WC Docket No. 10-90 and WT Docket No. 10-208
extending the data collection periods for MF-II challenges and
responses by 90 days. Previously, the Commission extended the deadline
for the close of the Mobility Fund Phase II challenge window by 90
days. Challengers had until November 26, 2018, to submit speed test
data in support of a challenge. At the time that the Commission
extended the challenge window, it also proposed to extend by 90 days
the periods during which challengers and respondents could collect
data.
I. Background
1. In 2017, the Commission adopted rules to move forward on a
reverse auction that will direct up to $4.53 billion of MF-II support
over ten years to providers in geographic areas lacking unsubsidized 4G
Long Term Evolution (LTE) services. The Commission also determined that
it would establish standards for mobile providers to make a one-time
submission of current 4G LTE coverage data, compile a list of areas
that were presumptively eligible for MF-II support, and provide a
timeframe before the auction during which interested parties could
challenge areas that were not listed as presumptively eligible (i.e.,
``presumptively ineligible'' areas). Mobile providers had to file their
coverage data with certifications by a qualified engineer, under
penalty of perjury. The Rural Broadband Auctions Task Force, in
conjunction with the Wireless Telecommunications Bureau and the
Wireline Competition Bureau, compiled the one-time collection of 4G LTE
coverage data and subsidy data from the Universal Service
Administrative Company (USAC) to create the resulting map of areas
presumptively eligible for MF-II support.
2. The MF-II Challenge Process Order established the framework for
a robust challenge process that will refine the map of areas
presumptively eligible to receive MF-II support. This challenge process
is designed to efficiently resolve disputes about the eligibility of
presumptively ineligible areas using mobile network speed test data.
During the challenge window, interested parties could contest the
initial determination of areas deemed presumptively ineligible for MF-
II support. An eligible challenger could access USAC's web data portal
and download the provider-specific confidential coverage data necessary
to begin conducting speed tests to challenge assertions of coverage.
After the close of the challenge window, a respondent would have the
opportunity to respond to challenges by submitting its own speed test
data or certain technical information that is probative of the validity
of the challenger's speed tests. Challenged parties will have 30 days
to review challenges and supporting data in the USAC portal before the
opening of the response window. Once opened, the response window will
close 30 days later.
3. The Commission initially established a challenge window of 150
days, which began on March 29, 2018, and it was scheduled to close on
August 27, 2018. After the Commission adopted the timeframe for the
challenge window, the Rural Wireless Association (RWA) submitted ex
parte data regarding estimated burdens of the challenge process,
including specific estimates of the amount of time required to conduct
speed tests in certain areas. Taking this ex parte burden data into
account, the Commission extended the challenge window in its August
2018 MF-II Challenge Process Extension Order, 83 FR 44241, August 30,
2018, for an additional 90 days, to November 26, 2018.
4. Under the standards adopted in the MF-II Challenge Process
Order, speed test data for a challenge would only be accepted if such
data were collected within the six months preceding the scheduled close
of the challenge window. The Commission adopted the six-month
collection period for speed test data because ongoing deployment of new
4G LTE service raised concerns ``that speed measurements taken before
the submission of updated coverage maps may not reflect the current
consumer experience.'' That six-month period commenced on February 27,
2018, upon the publication of the map of presumptively eligible areas.
Similarly, the standard for data to be submitted by a respondent
required that such data be collected within six months before the close
of the response window.
5. When extending the challenge window in the MF-II Challenge
Process Extension Order, the Commission proposed in the MF-II Challenge
Process Extension Notice of Proposed Rulemaking, 83 FR 44254, August
30, 2018, to extend the periods during which both challengers and
challenged parties could collect information from six months to at
least nine months. The Commission offered these proposals in
recognition that challengers could have already collected speed test
data before the challenge window was extended, in which case data
collected between February 27, 2018, and May 28, 2018, would not be
acceptable absent an expansion of the initially adopted six-month data
collection period. The Commission tentatively concluded that this
modification to the data timeframe requirements would serve the public
interest by preventing challengers from having to repeat speed tests
and would more effectively implement MF-II policy. Three parties
submitted comments in response to the Notice of Proposed Rulemaking
(NPRM). No commenters opposed the proposed modification to the data
timeframe requirements.
II. Order Extending the Challenge Data Collection Window
6. The Commission adopts the proposal to accept speed test data for
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MF-II challenges collected on or after February 27, 2018, through the
new close of the challenge window, November 26, 2018. All commenters
support the proposal. RWA stated that some of its member companies
spent significant amounts of money performing testing before May 28 and
that those expenses would be wasted if the timeframe for acceptable
testing were not also extended. U.S. Cellular and Competitive Carriers
Association (CCA) agreed with the Commission's stated rationale that
extending the timeframe would avoid unnecessary retesting while
collecting accurate data. To relieve challengers of the needless
repetition of speed tests conducted before May 28 and to more
effectively implement the MF-II challenge process, the Commission
modifies the initially adopted requirement that challenger speed test
data be collected within six months before the scheduled close of the
challenge window. This modification allows challengers to submit the
results of speed tests taken during the entire nine-month challenge
process data collection window. When setting the original challenge
process data collection window, the Commission stated that it was
concerned that challenge data collected before deployments made in
conjunction with the submission of updated coverage maps from current
providers might not reflect the current consumer experience. The
Commission therefore required that challenge data be collected after
the publication of the initial eligibility map and within six months of
the scheduled close of the challenge window (which at the time were
exactly contiguous periods). But given the Commission's extension of
the challenge window by three months, extending the data collection
period by a similar period does not permit submission of data collected
prior to the submission of the updated coverage maps.
7. Likewise, the Commission adopts the proposal to afford
respondents the same additional amount of time as challengers to
collect information for the MF-II challenge process. Hence, during the
response window, respondents may submit information that was collected
any time on or after April 29, 2018, through the close of the response
window. This change is consistent with the MF-II Challenge Process
Order's generally parallel standards for challengers and respondents.
CCA supports an extension to provide respondents with a similar timing
requirement as challengers. As CCA observes, providing respondents with
a similar data collection time period appropriately balances the
interests of respondents with the Commission's interest in receiving
data collected recently. As stated above for challengers, this
extension of the data collection period for respondents would not
permit submission of any data collected before the publication of the
presumptively eligible areas map, and therefore the permitted data
would not create data recency concerns. Accordingly, a respondent would
have at least nine months to collect speed test data for its own
network or certain technical information probative of the validity of
the challenger's speed tests. Respondents' speed tests collected on or
after April 29, 2018, will be considered valid.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
8. The Third Report and Order implements the information collection
requirements adopted in the MF-II Challenge Process Order and does not
contain any additional information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. On
February 7, 2018, the Commission received PRA approval from the Office
of Management and Budget (OMB) for the information collection
requirements related to the challenge process, as adopted in the MF-II
Challenge Process Order. Because this Order does not adopt any
additional information collection requirements beyond those adopted in
the MF-II Challenge Process Order and approved by OMB, this Order does
not implicate the procedural requirements of the PRA or the Small
Business Paperwork Relief Act of 2002, Public Law 107-198.
B. Congressional Review Act
9. The Commission will send a copy of the Third Report and Order to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act.
C. Final Regulatory Flexibility Certification
10. 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
Small Business Administration (SBA).
11. As required by the 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 MF-II FNPRMs including
comments on the IRFAs and Supplemental IRFA. The Commission included
Final Regulatory Flexibility Analyses (FRFAs) in connection with the
CAF Report & Order, 79 FR 39163, July 9, 2014, and Further Notice of
Proposed Rulemaking (FNPRM), 79 FR 39196, July 9, 2014, the MF-II
Report & Order, 82 FR 15422, March 28, 2017, the MF-II Challenge
Process Order, and the MF-II Second Order on Reconsideration, 83 FR
17934, April 25, 2018 (collectively, the MF-II Orders).
12. The new requirements adopted in this Order provide additional
time for valid data collection for both challengers and respondents. In
so doing, this change will align the challenge process data
requirements with the procedural rule change, adopted in the MF-II
Challenge Process Extension Order, extending the challenge window
deadline by 90 days. Due to the minor effect of these changes, the
Commission anticipates that there will be no significant economic
impact on any of the small entities identified in the MF-II FNPRMs and
MF-II Orders. Therefore, the Commission certifies that the requirements
of the Order will not have a significant economic impact on a
substantial number of small entities.
IV. Ordering Clauses
13. Accordingly, it is ordered that pursuant to the authority
contained in sections 1, 4(i) and (j), 254, 303(r), and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), (j),
254, 303(r), 332, and Sec. Sec. 1.1 and 1.425 of the Commission's
rules, 47 CFR 1.1, 1.425, this Order is adopted.
14. It is further ordered that, pursuant to the authority contained
in sections 1, 4(i) and (j), 254, 303(r), and 332 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), (j), 254,
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303(r), 332, and Sec. Sec. 1.1 and 1.425 of the Commission's rules, 47
CFR 1.1, 1.425, the windows for challengers and respondents to collect
information in connection with the MF-II challenge process are
extended, to the extent described herein.
15. It is further ordered that, pursuant to Sec. 1.427(b) of the
Commission's rules, 47 CFR 1.427(b), this Order shall be effective upon
its publication in the Federal Register.
16. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the SBA.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-03635 Filed 3-5-19; 8:45 am]
BILLING CODE 6712-01-P
