Establishing the Digital Opportunity Data Collection and Modernizing the FCC Form 477 Data Program, 43705-43725 [2019-18063]
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Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations
toxicity and is not a skin sensitizer or
mutagen based on the toxicity
information presented for the active
ingredient and structurally-similar
compounds. Dietary and drinking water
exposure to LCO MOR116 is not
expected for the proposed use as a seed
treatment for soybean and application
rates are expected to be very low (5.89
X 10–11 lb ai/lb seed). Although no
field trial or residue data are available,
significant residues are not expected
and, therefore, quantitative dietary and
drinking water assessments were not
conducted.
There are currently no residential
uses proposed for LCO MOR116. There
is a potential for occupational exposure,
however, no toxicological endpoints
have been identified. The Agency has
determined that no further acute or
subchronic toxicity studies are needed
at this time considering all the available
hazard and exposure data on LCOs and
structurally similar compounds. Based
on the available toxicity and exposure
information, no unreasonable adverse
effects to the U.S. population in general,
and to infants and children in
particular, will result from the use of
LCO MOR116 as a pesticide when label
instructions are followed.
An explanation of the data upon
which EPA relied and its risk
assessment based on those data can be
found within the (July 30, 2019),
document entitled ‘‘Federal Food, Drug,
and Cosmetic Act (FFDCA) Safety
Assessment for Exemption from the
Requirement of a Tolerance for Residues
of Lipochitooligosaccharide (LCO)
MOR116.’’ This document, as well as
other relevant information, is available
in the docket for this action as described
under ADDRESSES.
Based on its safety determination,
EPA is establishing an exemption from
the requirement of a tolerance for
residues of LCO MOR116 in or on all
food commodities when used on
accordance with label directions and
good agricultural practices.
B. Analytical Enforcement Methodology
An analytical method is not required
for enforcement purposes due to lack of
concern for exposures, which supports
the establishment of an exemption for
residues of LCO MOR116.
IV. Statutory and Executive Order
Reviews
This action establishes a tolerance
exemption under FFDCA section 408(d)
in response to a petition submitted to
EPA. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
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16:03 Aug 21, 2019
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Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), nor is it a regulatory
action under Executive Order 13771,
entitled ‘‘Reducing Regulations and
Controlling Regulatory Costs’’ (82 FR
9339, February 3, 2017). This action
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does
it require any special considerations
under Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this action,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes. As a result,
this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
EPA has determined that this action will
not have a substantial direct effect on
States or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, EPA has determined that
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
EPA’s consideration of voluntary
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43705
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 7, 2019
Richard Keigwin,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1370 to subpart D to read
as follows:
■
§ 180.1370 Lipochitoolgiosaccharide
(LCO) MOR116; exemption from the
requirement of a tolerance.
Residues of the plant growth regulator
Lipochitoolgiosaccharide (LCO)
MOR116 in or on all food commodities
are exempt from the requirement of a
tolerance, when used in accordance
with label directions and good
agricultural practices.
[FR Doc. 2019–17994 Filed 8–21–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 43, and 54
[WC Docket Nos. 11–10 and 19–195, FCC
No. 19–79]
Establishing the Digital Opportunity
Data Collection and Modernizing the
FCC Form 477 Data Program
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
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(Commission) adopts the Digital
Opportunity Data Collection, which
requires all fixed broadband providers
to submit granular maps of the areas
where they have broadband-capable
networks and make service available. To
complement this granular broadband
availability data, the Report and Order
also adopts a process to begin collecting
public input, sometimes known as
‘‘crowdsourcing,’’ on the accuracy of
fixed providers’ broadband deployment
data. In addition, the Report and Order
leaves in place for now the existing
Form 477 data collection, but makes
targeted changes to reduce reporting
burdens for all providers by removing
and clarifying certain requirements and
modifying the collection.
DATES: Effective September 23, 2019,
except for paragraphs 44 through 51 and
57 through 65 of the Report and Order
and the addition of 47 CFR 54.1401 and
54.1402(b) and (c), (d)(2), and (e), which
are delayed. The Commission will
publish a document in the Federal
Register announcing the delayed
effective date
FOR FURTHER INFORMATION CONTACT:
Wireline Competition Bureau, Kirk
Burgee, at (202) 418–1599, Kirk.Burgee@
fcc.gov, or, Wireless
Telecommunications Bureau, Garnet
Hanly, at (202) 418–0995,
Garnet.Hanly@fcc.gov. For additional
information concerning the Paperwork
Reduction Act information collection
requirements contained in this
document, send an email to PRA@
fcc.gov or contact Nicole Ongele at (202)
418–2991.
SUPPLEMENTARY INFORMATION: This is a
summary of the Report and Order as
part of the Commission’s Report and
Order and Second Further Notice of
Proposed Rulemaking in WC Docket
Nos. 11–10 and 19–195, FCC 19–79,
adopted August 1, 2019 and released
August 6, 2019. The full text of this
document is available for public
inspection during regular business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
It also is available on the Commission’s
website at https://www.fcc.gov/
document/fcc-improves-broadbandmapping-0. This document contains
new and modified information
collection requirements. The
Commission, as part of its continuing
effort to reduce paperwork burdens, will
invite the general public to comment on
the information collection requirements
contained herein as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. The effective date
for paragraphs 44 through 51 and 57
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I. Introduction
deployment data. Through this new
tool, State, local, and Tribal
governmental entities and members of
the public will be able to submit fixed
broadband availability data, leveraging
their experience concerning service
availability. In addition, because we
leave in place for now the existing Form
477 data collection, we make targeted
changes to reduce reporting burdens for
all providers by removing and clarifying
certain requirements and modifying the
collection.
1. Accurate broadband deployment
data is critical to the Commission’s
efforts to bridge the digital divide.
Effectively targeting federal and state
spending efforts to bring broadband to
those areas most in need of it means
understanding where broadband is
available and where it is not. The
census-block level fixed broadband
service availability reporting the
Commission currently requires has been
an effective tool for helping the
Commission target universal service
support to the least-served areas of the
country, but has made it difficult for the
Commission to direct funding to the
‘‘gaps’’ in broadband coverage—those
areas where some, but not all, homes
and businesses have access to modern
communications services.
2. We therefore initiate a new data
collection, the Digital Opportunity Data
Collection, that is distinct from the
existing Form 477 collection and that
will gather geospatial broadband service
availability data specifically targeted
toward advancing our universal service
goals. Pursuant to the Digital
Opportunity Data Collection, we require
all broadband service providers to
submit granular maps of the areas where
they have broadband-capable networks
and make service available. Given the
Commission’s ongoing investigation
into the coverage maps of one or more
major mobile operators, we limit the
new data collection obligations to fixed
broadband providers at present and seek
comment on how best to incorporate
mobile wireless coverage data into the
Digital Opportunity Data Collection.
3. Service providers—who are
uniquely situated to know where their
own networks are deployed—must
determine in the first instance the
availability of broadband in their service
areas, taking into account their
individual circumstances and their onthe-ground knowledge and experience.
At the same time, to complement this
granular broadband availability data, we
adopt a process to begin collecting
public input, sometimes known as
‘‘crowdsourcing,’’ on the accuracy of
service providers’ broadband
II. Background
5. First established in 2000, the
Commission’s Form 477 began as a
collection of subscription and
connection data for local telephone and
broadband services that helped the
Commission to, among other things,
meet statutory annual reporting
obligations and monitor local voice
competition. Over time, the Form 477
data collection has evolved into the
primary data source for many
Commission actions, including
reporting to Congress and the public
about the availability of broadband
services, informing transaction reviews,
and supporting our universal service
policies. At the same time, it has
become increasingly clear that the fixed
and mobile broadband deployment data
collected on the Form 477 are not
sufficient to understanding where
universal service support should be
targeted and supporting the imperative
of our broadband-deployment policy
goals.
6. For purposes of broadband
deployment reporting, the Commission
currently requires fixed providers to
report the census blocks in which their
broadband service is available. Fixed
broadband connections are available in
a census block ‘‘if the provider does, or
could, within a service interval that is
typical for that kind of connection—that
is, without an extraordinary
commitment of resources—provision
two-way data transmission to and from
the internet with advertised speeds
exceeding 200 kbps in at least one
direction to end-user premises in the
census block.’’ However, census-block
based fixed deployment data have
limitations—providers report whether
or not fixed broadband service is
available in at least some part of each
census block, but not whether there is
availability at all areas within a block.
7. Providers of fixed voice and
broadband service report on their enduser subscriptions by submitting the
total number of connections in each
census tract in which they provide
service. Providers of mobile voice and
broadband service report their total
through 65 of the Report and Order and
the addition of 47 CFR 54.1401 and
54.1402(b) and (c), (d)(2), and (e), will
be effective 30 days after the
announcement in the Federal Register
of Office of Management and Budget
(OMB) approval of information
collection requirements modified in the
Report and Order and the effective date
for the CFR additions.
Synopsis
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subscribers for each state in which they
provide service to customers. Facilitiesbased providers of mobile broadband
service report on deployment by
submitting, for each technology and
frequency band employed, polygons in
geographic information system (GIS)
mapping files that digitally represent
the geographic areas in which a
customer could expect to receive the
minimum speed the service provider
advertises for that area. In addition,
mobile service providers must report the
census tracts in which their service is
advertised and available to potential
customers.
8. In establishing the Form 477 as its
primary vehicle for collecting
information about the deployment of
broadband services, the Commission
predicted that the data from the Form
477 would ‘‘materially improve’’ its
ability to develop, evaluate, and revise
broadband policy, as well as provide
valuable benchmarks for Congress, the
Commission, other policymakers, and
consumers. In its comments in this
proceeding, the National
Telecommunications and Information
Administration (NTIA) states that its
analysts ‘‘routinely refer to the
Commission’s Form 477 data, including
both deployment and subscription data,
to help inform policymakers and
enhance [its] technical support of
broadband infrastructure investment.’’
The Commission has used aggregate
broadband data reported by providers
on Form 477 to, among other things: (1)
Meet our statutory obligation to
annually report on the state of
broadband availability; (2) update our
universal service policies and monitor
whether our universal service goals are
being achieved in a cost-effective
manner; (3) meet our public safety
obligations; and (4) maintain coverage
maps to inform stakeholders, including
industry and the public.
9. In an effort to collect and develop
better quality, more useful, and more
granular broadband deployment data,
the Commission adopted the 2017 Data
Collection Improvement FNPRM in
August 2017. In the 2017 Data
Collection Improvement FNPRM, the
Commission sought comment on: (1)
Ways in which the Commission might
increase the quality and accuracy of the
broadband information we collect; and
(2) ways in which the Commission
might streamline its broadband
reporting requirements and thereby
reduce the burdens on filers. The
Commission also noted that one of its
primary objectives is to ensure that the
data collected will be closely aligned
with the uses to which they will be put,
and sought comment on those uses to
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inform our analysis. In response, we
received a voluminous amount of
comments, reply comments, and ex
parte presentations with specific
recommendations on how best to
improve our broadband reporting
process.
III. Report and Order
10. As the record in this proceeding
amply demonstrates, there is a
compelling and immediate need to
develop granular, high-quality fixed
broadband deployment data to improve
our ability to target support from our
Universal Service Fund (USF) programs.
It has become increasingly clear that the
fixed and mobile broadband
deployment data collected on the Form
477 are not sufficient to support the
specific imperative of our USF policy
goals. We conclude that in order to
continue to advance our statutory
universal service obligations, it is
necessary to create a new data
collection, calculated to produce
broadband deployment maps that will
allow the Commission to precisely
target scarce universal service dollars to
where broadband service is lacking. In
the 2017 Data Collection Improvement
FNPRM, the Commission sought
comment on requiring more granularity
in fixed broadband deployment data,
noting that it collected location-level
data from recipients of USF funding to
assess whether they are meeting their
buildout requirements, and that this
more granular data had been ‘‘extremely
useful’’ in understanding issues
surrounding fixed broadband
deployment in these contexts. We find
that establishing a new collection
requiring fixed providers to submit
maps of the areas in which their service
is available is the best way to meet those
needs expeditiously.
11. We therefore direct the Universal
Service Administrative Company
(USAC), under the oversight of the
Commission’s Office of Economics and
Analytics (OEA), the Wireline
Competition Bureau (WCB), Wireless
Telecommunications Bureau (WTB),
and the International Bureau (IB), to
develop a new portal to accept
broadband coverage maps (polygons)
from fixed providers, as well as public
feedback on the accuracy of these
broadband maps. For the time being, we
leave the current Form 477 in place,
subject to several modifications that
eliminate collection of unnecessary
data, and seek comment on whether we
should sunset some or all of the Form
477 deployment collection. We believe
the Form 477 deployment data will
continue to be a useful reference point
for its existing purposes as well as in
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43707
relation to the new Digital Opportunity
Data Collection. Accordingly, we
generally preserve the Form 477
instructions for submitting fixed
broadband deployment data, except as
may be required to implement the
streamlining and other changes set forth
below.
A. Establishing Granular Maps of Fixed
Broadband Service Availability
12. We require all fixed providers to
submit broadband coverage polygons
depicting the areas where they actually
have broadband-capable networks and
make fixed broadband service available
to end-user locations. The filings must
reflect the maximum download and
upload speeds actually made available
in each area, the technology used to
provide the service, and a
differentiation between residential-only,
business-only, or residential-andbusiness broadband services. Fixed
providers in the new collection must
submit a broadband coverage polygon
for each combination of download
speed, upload speed, and technology.
Where fixed providers offer different
maximum speeds to residential and
business customers, even if using the
same network facilities, they must file
separate polygons. Where the offered
speed varies by location or distance
from network facilities, fixed providers
must submit separate polygons to reflect
those differing maximum offered
speeds.
13. For purposes of the Digital
Opportunity Data Collection, service is
actually available in an area if the
reporting fixed provider has a current
broadband connection or it could
provide such a connection within ten
business days of a customer request,
without an extraordinary commitment
of resources, and without construction
charges or fees exceeding an ordinary
service activation fee. The filer must be
able to establish a connection within
this timeframe to every end-user
location contained in the reported
broadband coverage polygon. Under this
standard, a fixed provider must have
fiber or cable in place proximate, if not
connected, to the locations within its
reported polygons—for example, we
expect a residence would be included
only if the utility pole or conduit on the
right of way adjacent to the residence is
already wired and awaiting just a drop
cable; additional buildout of the
network would represent an
extraordinary commitment of resources.
A fixed wireless provider must have
already installed enough base stations to
cover and meet reasonably anticipated
customer capacity demands; the
installation of an additional base
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station, for example, would constitute
an extraordinary commitment of
resources. Fixed broadband services are
not actually available for purposes of
the Digital Opportunity Data Collection
in any area where the filer does not
meet this standard.
14. Although we agree with
commenters that it would be ideal for
providers to have more precise technical
standards to follow in determining
whether fixed broadband is available in
an area (for example, defining
availability based on specific proximity
to network facilities), we find
insufficient evidence currently in the
record to prescribe such technical
standards. Without additional
information, we risk setting under- and
over-inclusive technical standards,
likely to result in the drawing of less
accurate maps. We therefore seek
comment in the Second Further Notice
of Proposed Rulemaking (Second
FNPRM) in this item about what
standards fixed providers should use to
establish the broadband coverage
polygons.
15. We direct OEA to oversee USAC
in developing the new online portal and
the filing processes that will enable
fixed providers to submit broadband
coverage polygons. We also direct OEA,
in consultation with WCB, IB, WTB, and
USAC, to carry out the implementation
details of the new collection including
(but not limited to): (1) Publishing
complete instructions for filing data and
issuing an order, based on the record
received in response to the Second
FNPRM, that designates the precise
specifications for the broadband
coverage polygons, subject to the
constraints laid out herein; (2)
modifying (as needed) the list of fixedbroadband technologies that should be
reported in the new collection; and (3)
defining the GIS compatible file
format(s) in which fixed providers will
be required to submit their polygons,
taking into account any potential
burdens on filers.
16. This new data collection will take
effect after the release of the order
designating the specifications for the
coverage polygons, and after OEA issues
a public notice announcing the
availability of the new collection
platform and the reporting deadlines.
Fixed broadband service providers must
file initial service availability reports
within six months of the public notice
announcing availability of the new
collection platform. Fixed providers
also must submit updates within six
months of completing new broadband
deployments; making changes to
(including upgrading or discontinuing)
existing offerings; or otherwise
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acquiring new, or selling existing,
broadband-capable network facilities
that affect the data submitted on their
Digital Opportunity Data Collection
filings. Service providers that become
subject to filing requirements
subsequent to the initial filing deadline
must file initial service availability
reports within six months of becoming
so obligated and must report data from
that initial period. Failure to timely file
the new collection data may lead to
enforcement action and/or penalties as
set forth in the Communications Act
and other applicable laws. In addition,
fixed providers must revise their filings
any time they discover a significant
reporting error in the original broadband
deployment data that they submit. An
appropriate official of each filer must
include with any filing a certification
that the filer’s service availability data is
true and accurate to the best of the
certifying official’s knowledge and must
report the title of the certifying official.
Filers must additionally certify on or
before June 30 of each calendar year that
as of December 31 of the previous year,
all of the filer’s service availability data
continues to be accurate, taking into
account the filer’s data that has been
updated during the calendar year.
17. In order to ensure an accurate and
detailed picture of broadband
deployment, we require all fixed
providers to make the required Digital
Opportunity Data Collection filings,
although we direct WCB, in
coordination with OEA, WTB, and IB, to
determine whether any category of very
small fixed providers (e.g., those with
less than 250 subscribers and who are
not eligible telecommunications carriers
(ETCs) under the USF program) should
have additional time in filing their
initial reports. We note that any service
provider must nevertheless timely file
in order to be eligible to participate in
any USF program and those that fail to
file in a timely manner risk their service
areas being deemed unserved in future
USF decisions.
18. Incorporating Public Input into
Broadband Coverage Maps. Collecting
broadband coverage polygons will allow
fixed providers to apply their expertise
concerning their networks and service
areas to define their service coverages in
the first instance. However, input from
the people who live and work in the
areas that a service provider purports to
serve also plays a vital role in ensuring
the quality of these maps, helping to
identify areas where the data submitted
do not align with the reality on the
ground. We therefore direct OEA to
work with USAC to create an online
portal for local, state, and Tribal
governmental entities and members of
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the public to review and dispute the
broadband coverage polygons filed by
fixed providers under the new
collection. This input will identify
locations where a member of the public
or a governmental entity indicates that
the fixed provider is not able to
provision broadband service despite the
location being within a broadband
coverage polygon. We also seek
comment in the Second FNPRM about
the types of data to be collected through
this portal, how to treat crowdsourced
data, and the procedures that fixed
providers should follow if their
broadband coverage polygons are
disputed.
19. We believe that public input on
fixed broadband service coverage will
be most effective if some types of data
collected in this process are routinely
made available to the public. We
therefore direct USAC to make public
the information about the location that
is the subject of the dispute—including
the street address and/or coordinates
(latitude and longitude) provided by the
complainant, along with the name of the
service provider(s) and any relevant
details concerning the basis for
challenging the reported fixed
broadband coverage.
20. We direct USAC to make the
crowdsourced data publicly available as
soon as is practical after submission and
direct OEA to work with USAC to
establish an appropriate method for
doing so. We do not specify a timeline
for making such data publicly available
but expect that there will be regular
releases of crowdsourcing data. We
direct USAC not to make publicly
available private information submitted
with the challenges. USAC may share
such information (for example with the
fixed provider about whom the dispute
is being made) only to the extent it will
be helpful to improve the quality of
fixed broadband data reporting. We also
direct USAC to develop mechanisms in
the new platform to prevent malicious
or unreliable filings, including
automated mass filings.
21. Benefits of Reporting Service
Availability Maps Clearly Outweigh the
Filing Burdens on Fixed Providers. In
establishing the Digital Opportunity
Data Collection, we are cognizant of the
need to ensure that the benefits
resulting from use of the data outweigh
the reporting burdens imposed on filers.
We agree with commenters who
contend that broadband coverage
polygons will allow more granular
analysis than the census-block data
currently collected in the Form 477—
and will do so with reasonable costs and
burdens on fixed providers. We find
that the approach we adopt, in which
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fixed providers will create broadband
coverage polygons that depict their
actual service areas, would, as NCTA
asserts, ‘‘be a significant improvement
over census-block reporting because
unserved areas within served census
blocks would no longer be counted as
served.’’ In turn, more granular data
about areas where broadband is
available will enable us to target
unserved locations more precisely,
especially in many rural areas that
continue to lack broadband service.
22. For now, we continue to maintain
the collection of fixed broadband
deployment data on Form 477 in
census-block format. While there will be
additional reporting burdens for fixed
providers to supply broadband
deployment data as part of the new
collection and through the Form 477,
this approach will ensure that we have
continuous access to consistent
broadband deployment data for the
purposes for which we require it. Given
that service providers are already
accustomed to submitting census-block
level data, and the census-block data is
much less detailed than their Digital
Opportunity Data Collection filings will
be, the burden of continuing to also file
census-block level data will be minimal.
23. We find that any additional
burdens imposed by our new reporting
approach will be relatively light for
fixed providers in comparison to the
significant benefit to be gained from
more precise broadband deployment
data. As an initial matter, many fixed
providers already are familiar with the
use of geospatial data because of its use
in other contexts by the Commission
and other federal and state agencies,
thus making the transition reasonably
simple. As Connected Nation notes,
some fixed providers already have
either internal GIS capabilities or have
vendor relationships for the production
of GIS files. In addition, Connected
Nation suggests several online resources
that can help fixed providers ‘‘create
their own polygons of service
availability, such as ESRI’s ArcGIS
software.’’ Connected Nation expresses
concern, however, that small service
providers will struggle to comply with
the new polygon-based reporting
requirements unless they get some
assistance in the generation of accurate
broadband coverage polygons. To lessen
the burdens on all fixed providers, we
direct OEA to oversee USAC in making
service-desk help available, as well as
providing clear instructions on the form
for the new collection, to aid filers in
preparing their broadband coverage
polygons. We disagree with
commenters, such as the Broadband
Mapping Coalition, who contend that a
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map-based approach is a burdensome
and insufficient fix to the problem of
fixed broadband mapping. We also
disagree with Alexicon, which argues
that small fixed providers be allowed to
report broadband deployment subject to
a certain margin of error. Although we
recognize the burdens imposed on small
fixed providers (and all fixed providers)
as a result of the Digital Opportunity
Data Collection, we find that such
burdens are outweighed by the need for
more granular and precise fixed
broadband deployment data—especially
in rural areas where smaller providers
are more likely to be providing service.
24. With regard to the benefits to be
realized from the new collection, we
find that the adoption of polygon-based
reporting will enable crowdsourcing
and similar approaches to act as a check
on the deployment data submitted by
fixed providers, which is not possible
with census-block reporting. Rather
than listing the census blocks where a
fixed provider’s broadband service is
available, broadband coverage polygons
will show the actual service areas
covered by fixed broadband providers.
This, in turn, will result in more precise
information about where fixed
broadband is available. The use of
crowdsourcing to verify the polygon
coverage areas submitted by fixed
providers will further improve the
validity of broadband deployment data.
25. Another critical benefit of
transitioning to a polygon-based
reporting format is the speed in which
such a solution can be implemented. We
are mindful of concerns voiced by
commenters such as USTelecom that
without a database of broadbandaddressable locations (which
USTelecom terms a ‘‘Broadband
Serviceable Location Fabric’’),
broadband coverage polygons provide
no information on how many, and
which, specific locations in the service
area do not actually have service
available. However, we disagree with
the Broadband Mapping Coalition that
the submission of coverage polygons
should wait until after a process has
been established to identify and
geolocate all of the broadband
serviceable locations that exist in a
given area. Instead, we agree with
commenters, such as Connected Nation,
that GIS data such as polygons will
‘‘provide significant granularity without
the need to first create an underlying
dataset of structures/locations with
which the data can be paired.’’
26. We agree with commenters who
argue that timing is crucial in getting
more granular fixed broadband
deployment data. We also agree that the
mandatory collection of broadband
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coverage polygons best achieves the
objectives of greater granularity in fixed
broadband reporting within the shortest
timeframe. As Connected Nation states,
‘‘implementing a system based on
shapefile reporting would most likely
result in the creation of a new more
granular National Broadband Map in the
shortest amount of time so that Federal
agencies can more quickly utilize the
map to guide funding decisions and
support broadband buildout to the
places that still desperately need it.’’ We
find that collecting broadband coverage
polygons offers the best approach to
more granular broadband deployment
data, and that we have an opportunity
to move forward quickly to significantly
improve the data collection in the near
term.
27. Public Availability of Service
Availability Data. We agree with NTIA
that the Commission should release
broadband deployment datasets with
more public information, particularly
‘‘with tables, charts and maps, granular
visualization tools for both localized
areas and specific technologies, and
other mechanisms that summarize the
information.’’ To better allow for
crowdsourcing, mapping, and other uses
of fixed broadband deployment data, all
service provider information filed as
part of the Digital Opportunity Data
Collection will be presumed to be nonconfidential unless the Commission
specifically directs that it be withheld.
Filers seeking confidential treatment of
data submitted as part of the new
collection must submit a request that
the data be treated as confidential, along
with the reasons for withholding the
information from the public. The
Commission will make decisions
regarding non-disclosure of confidential
information. We find that this approach
strikes an appropriate balance between
the protection of confidential
information and the need for public
disclosure of fixed broadband
deployment data to help with crucial
crowdsourcing functionality and
mapping capabilities.
28. USAC Verification of Broadband
Coverage Maps. In addition to
incorporating feedback from state, local,
and Tribal governmental entities, along
with the public, we conclude that we
must also take steps to independently
verify coverage data submitted by
service providers. As part of its Connect
America Fund (CAF) responsibility,
USAC maintains the High Cost
Universal Broadband (HUBB) portal.
CAF support recipients report through
the HUBB portal latitude and longitude
coordinates, address, deployment date,
speed, and number of units for every
location where service is available. This
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information forms the foundation for the
Connect America Fund Broadband Map.
We direct USAC to integrate the
geolocation data contained in the HUBB
with the broadband coverage polygons
submitted pursuant to the Digital
Opportunity Data Collection. Doing so
will benefit our overall understanding of
how high-cost support dollars are used
in conjunction with overall broadband
deployment and will aid the data
collection verification effort.
29. In the CAF context, USAC
performs real-time validation of the CAF
data submitted to the HUBB through a
series of automated checks of the
information (e.g., that the latitude/
longitude falls within an eligible area
and that the location is not a duplicate
of one already submitted). The HUBB
also provides USAC the platform to
conduct verification reviews to
‘‘substantiate broadband deployment
and confirm that carriers are in fact
building out service that meets the
FCC’s minimum performance standards
to the locations reported.’’ Many
elements of the process USAC uses for
the CAF could potentially be used for
verifying broadband deployment data as
part of the Digital Opportunity Data
Collection. We therefore direct USAC to
propose and submit a plan to OEA for
independently verifying the fixed
broadband coverage polygons filed
pursuant to the Digital Opportunity Data
Collection. The verification process it
proposes to use could parallel how
USAC currently verifies deployment
data submitted by CAF support
recipients in the HUBB. USAC should
propose other appropriate means of
verifying the accuracy of filers’
broadband coverage polygons, including
site visits.
30. Incorporating Location-Specific
Data into the Digital Opportunity
Database. We note that our decision to
require broadband coverage area maps
does not preclude the use of locationspecific coverage data in the future. We
agree with USTelecom and NTCA that
we ‘‘should not adopt an ‘either/or’
approach to improvements to data
collection, but should both adopt
shapefiles as a reporting methodology
and move forward towards a uniform
national dataset on top of which carriers
can report broadband availability (via
shapefile or other potential methods).’’
As a result, we intend to pursue a multifaceted approach that also incorporates
location-specific data into the Digital
Opportunity Data Collection, informed
by input received in response to the
Second FNPRM on the best way to
implement such an approach. We agree
with NTCA that the submission of
broadband coverage polygons ‘‘would
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certainly improve granularity in the
near-term . . . but another significant
benefit is the prospect of integrating this
approach seamlessly with broader,
longer-term efforts to identify
availability or lack thereof on a location
basis.’’ Location-based proposals such
as the one put forth by the Broadband
Mapping Coalition are ‘‘designed to
produce the most accurate, precise data
available, and be a flexible, long-term
solution’’ to the problem of fixed
broadband deployment accuracy and
granularity.
31. While we intend to pursue
development of a location-specific
database, we will not delay
implementation of the new data
collection while we make a
determination of how best to
incorporate location-specific data. We
agree with commenters like ACA who
argue that location-specific reporting
will impose substantial costs and
complexity on fixed broadband
providers, especially smaller providers,
and will take significant time to
complete. As a result, we find it is
prudent to take this next step to
improve the fixed broadband
deployment data we collect in the near
term. As a means of moving the
location-based process forward as we
work to establish our polygon-based
approach, we seek comment in the
Second FNPRM on the best and fastest
way to implement a location-based
approach to fixed broadband
deployment reporting, including
whether to run such a process in
parallel, or closely aligned, with the
establishment of the new online portal
for the Digital Opportunity Data
Collection.
32. Alternatives Not Adopted. We
decline to adopt the approach set forth
by Comcast and ACA to collect fixed
broadband deployment data at the street
segment level. According to ACA, while
large providers have the capability and
resources to collect broadband
deployment data at a more granular
level, smaller providers will face much
greater burdens reporting deployment
data with more precision. We find that
a street-level approach to fixed
broadband deployment reporting has
the same problem with granularity as
the current census-block approach,
especially in rural areas. Specifically,
fixed providers claiming broadband
service availability on an entire street,
when only part of the street actually is
served, would overstate broadband
deployment much more so than a GIS
file-based approach. We also agree with
WISPA that a street-segment approach is
not appropriate for fixed wireless
providers, as streets and roads do not
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dictate how or where fixed wireless
service is constructed, and consequently
where service is provided and where it
is available. Finally, given the
familiarity that fixed providers have
with GIS files, we find that is the better
approach.
33. In addition, we find that NTIA’s
recommendation to collect sub-censusblock level broadband deployment data
only for larger census blocks does not go
far enough. While we understand
NTIA’s desire to keep burdens low for
filers, especially for small providers, we
find that it is crucial to determine
unserved broadband areas wherever
they may be—in large, medium, or small
census blocks. We do not agree with
NTIA’s assertion that we should only
require more granular broadband
deployment reporting in large census
blocks—deployment data are critical for
all areas and will allow federal and state
governments (and providers) to
determine with better particularity
where broadband funding and buildout
is most needed. In fact, the data suggest
that there are likely unserved locations
within even small blocks that are
reported as served on Form 477.
Granular reporting for all areas also
would reduce customer confusion when
attempting to determine broadband
availability on a map produced from
GIS-based data.
34. We also decline to adopt
Connected Nation’s proposal to
establish a neutral, third-party
clearinghouse for the collection of fixed
broadband deployment data. We
conclude that such a clearinghouse
would be largely redundant in light of
the revised framework for collecting and
reporting fixed deployment data that we
adopt in this Report and Order.
B. Improving the Existing Form 477
Data Collection
35. As USAC begins undertaking the
Digital Opportunity Data Collection, we
will continue to use Form 477 for
certain intended uses, such as
evaluating local telephone competition,
gathering broadband deployment and
voice subscription data, and collecting
certain public safety information.
However, we propose in the Second
FNPRM to transition the collection of
mobile broadband-capable network
deployment data to the same USACadministered portal created for fixed
data and seek comment on sunsetting
Form 477. We maintain the
Commission’s current Form 477 data
collection for mobile broadband and
voice data in the interim and take
several actions to reduce the burden on
service providers required to submit the
form.
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36. Publish Minimum Advertised or
Expected Speed Data and ProviderSpecific Coverage Data for Mobile
Broadband Services. We adopt our
proposal from the 2017 Data Collection
Improvement FNPRM to no longer treat
as confidential service providers’
minimum advertised or expected speed
data for mobile broadband services.
After review of the record and
considering what service providers
already make public on their websites,
we conclude that minimum advertised
or expected speed data filed for mobile
broadband services will not be treated
as confidential and, therefore, such data
will be publicly released for all
subsequent filings. Currently, the bulk
of the speed data that providers file
relating to minimum advertised or
expected speeds is treated as
confidential because most, if not all,
providers choose to check the nondisclosure box that is available to them
on the form. This box allows providers
to claim confidential treatment for what
is otherwise publicly available speed
information. Doing so, however,
unnecessarily limits the ability of
consumers and policy makers to
effectively analyze the data submitted.
37. We also conclude that providerspecific coverage data will be publicly
released for all subsequent Form 477
filings. This action is necessary to
ensure that consumers can easily use
the information that is disclosed to the
public, including minimum advertised
or expected speed data, because such
information is only beneficial if
consumers know where service coverage
is available. Because the Commission
already makes provider-specific
coverage data publicly available on its
website by publishing each provider’s
shapefiles, filers will no longer be
permitted to request confidential
treatment for such information upon
filing.
38. We expect that disclosing
minimum advertised or expected speed
data, combined with already publicly
available coverage information, will
serve the public interest by promoting a
more informed, transparent, and
efficient marketplace. The
dissemination of such information will
allow consumers to determine what
services are offered in specific
geographic areas. It will also enable
consumers to compare competing
service offerings and make informed
decisions regarding service plans and
providers. In addition, it will provide
consumers with the opportunity to
review the data to ensure its accuracy.
39. We are not persuaded that this
coverage and speed data is
competitively sensitive. Providers
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routinely publish and advertise the
expected upload and download speeds
they offer. Because coverage and speed
data are already publicly available, we
find that such information is not
commercially sensitive, and conclude
that its public release will not cause
competitive harm to service providers.
Most commenters agree that service
providers often publicize this
information by including it on their
websites or in their advertising
materials, which shows that they do not
consider such information to be
confidential or commercially sensitive.
40. When balancing the public and
private interests at stake, we conclude
that public release of these data will not
result in competitive harm and that the
public interest in releasing coverage and
speed information substantially
outweighs any interest that service
providers have in keeping confidential
information that is already publicly
available. Accordingly, going forward
we will publish nationwide, providerspecific coverage maps depicting
minimum advertised or expected speed
data.
41. Eliminating Requirement to Report
Broadband Network Coverage by
Spectrum Band. Under the current Form
477 reporting framework, mobile
facilities-based providers are required to
submit separate coverage maps
depicting their broadband network
coverage areas for each transmission
technology and each frequency band.
Eliminating this requirement is
necessary to enhance focus on aspects of
the data that are more important while
decreasing burdens, so we therefore
eliminate this unnecessary requirement.
42. The Commission had hoped that
collecting deployment information by
spectrum band would enable it ‘‘to
analyze deployment in different
spectrum bands,’’ but that has not come
to pass. We agree with commenters that
eliminating this requirement will
streamline the reporting process and
reduce the number of coverage maps
(and the associated underlying data
processing) that reporting entities must
submit. As Verizon notes, the
Commission usually requests bandspecific information directly from
licensees in the context of analyzing
build-out and license renewal
representations, and does not look at the
current data collected. The burdens of
submitting these data outweigh the
benefits, particularly in light of the
Commission’s limited use of these data.
43. We disagree that the Commission
and consumer advocates may find it
difficult to monitor providers’ buildout
requirements without this information.
We are also not persuaded by Institute
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for Local Self-Reliance’s (ILSR)
unsupported argument that we should
continue to collect information that
might be useful in the future. ILSR
provides no meaningful examples of
how the Commission might use these
data. We also disagree with ILSR’s claim
that information on deployment by
spectrum band is ‘‘essential’’ to
determine if mobile providers are
offering mobile broadband service of 10
Mbps download and 1 Mbps upload.
Mobile broadband service providers
already separately provide deployment
data, including information on
minimum advertised speeds. Moreover,
given that service providers are
deploying technologies (e.g., LTE) in
multiple bands, we find this
information is even less useful today
than it was in 2013 when we originally
imposed this requirement. We should
not impose collection burdens based
solely on the possibility that we might
use the information at some point in the
future.
44. Adding a 5G–NR Technology
Code. In the 2017 Data Collection
Improvement FNPRM, the Commission
sought comment on whether it should
require separate reporting of 5G mobile
broadband deployment and, if so,
whether and how it should define 5G
for the purposes of the Form 477 data
collection. Given the industry’s
increasing deployment of 5G and our
goal of facilitating 5G services to
consumers, we will now require
providers to report 5G technology
deployments as part of their filings.
Gathering 5G deployment data for all
areas of the country as well as creating
5G deployment maps based on such
data is necessary so that consumers can
understand where they can receive such
services and to help guide us for future
policies on 5G technology. We find that
adding 5G technology deployments to
our mobile broadband data collection
and maps—and specifically defining it
for purposes of Form 477 collection—is
consistent with the Commission’s goal
of tailoring its policies to evolution in
technologies. We therefore adopt the
5G–NR (New Radio) technology
standards developed by the 3rd
Generation Partnership Project (3GPP)
with Release 15 and require providers to
submit 5G deployment data that meet
the specifications of Release 15 (or any
successor release that may be adopted
by the Commission’s Bureaus).
45. We disagree with some
commenters’ claims that requiring
submission of 5G deployment data
would lead to inconsistent results based
on an absence of 5G industry standards.
The 3GPP 5G–NR technology standards
provide adequate guidance for filers to
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determine which deployments meet the
5G–NR technology definition. We reject
CTIA’s suggestion that providers be
allowed to voluntarily report 5G
deployments. To ensure that both the
Commission and consumers have an
accurate account of 5G deployments, we
will make such submissions mandatory.
46. Eliminating Outdated Technology
Codes. In the 2017 Data Collection
Improvement FNPRM, the Commission
sought comment on whether to
eliminate or modify the requirement
that mobile broadband providers report
coverage information for each
technology deployed in their networks.
Specifically, the Commission asked
whether reporting entities should
provide coverage maps for four
categories of technology—3G, 4G nonLTE, 4G LTE, and 5G—rather than the
nine mobile broadband technology
codes that it currently uses and, if so,
how the Commission should define
these four categories. Based on our
experience with data gathered under the
nine different mobile broadband
technologies that the form specifies and
on commenters’ support for limiting the
number of technologies, we modify the
requirement to limit the required
submission to four categories of
technology—‘‘5G–NR (New Radio),’’
‘‘LTE (Long Term Evolution),’’ ‘‘CDMAbased,’’ and ‘‘GSM-based.’’
47. For broadband data submissions
going forward, 5G–NR reported
technology should comply with
industry standards for 5G as adopted by
3GPP. Similarly, we adopt the LTE
standards developed by 3GPP in Release
8 through Release 14, and deployment
reported under LTE should be
consistent with such standards. The
‘‘CDMA-based’’ category aggregates the
CDMA and EVDO/EVDO Rev A
categories in the current form, and the
‘‘GSM-based’’ category combines the
GSM, WCDMA/UMTS/HSPA, and
HSPA+ categories. We will eliminate
collection of deployment data under the
Analog and WiMAX categories because
both technologies are no longer in
widespread use and have been
decommissioned by several mobile
providers. The categories we adopt
today will more meaningfully reflect
information that is useful to consumers.
48. Several commenters suggest
modifications to the proposal in the
2017 Data Collection Improvement
FNPRM. We reject AT&T’s suggestion
that we require ‘‘providers to file
coverage maps for only three technology
categories, 3G/4G, 4G LTE and 5G.’’ As
some commenters observe, modifying
the requirement will fail to capture
deployment of mobile technologies that
predate LTE and 5G when parts of the
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country are still reliant on such
technologies. To address in part the
concerns of GCI, Connected Nation, and
the CPUC, we do not adopt AT&T’s
proposal. Instead, we modify the
proposal from the 2017 Data Collection
Improvement FNPRM to retain
aggregated collection under the ‘‘CDMAbased’’ and ‘‘GSM-based’’ categories of
mobile broadband deployment data
under technologies that predate LTE
and 5G–NR (with the exception of
WiMAX and Analog) because important
uses remain for such data. Aggregated
collection under the ‘‘CDMA-based’’
and ‘‘GSM-based’’ categories, combined
with collection of LTE and 5G–NR
deployment, will ensure that areas of
the country covered by at least 3G
technology and entirely unserved areas
of the country are captured, and will
allow the Commission and other
policymakers to evaluate those areas
most in need.
49. Given the extent of LTE
deployment across the country, the
importance of capturing mobile
broadband deployment data under nine
technology codes has been significantly
reduced. In 2017, ‘‘approximately 92%
of the U.S. population lived in census
blocks with LTE coverage by at least
four service providers,’’ ‘‘AT&T and
Verizon each provided LTE coverage to
census blocks containing approximately
98% of the population, T-Mobile
provided LTE coverage to
approximately 96% of the population,
while Sprint provided LTE coverage to
approximately 91% of the population.’’
Thus, with providers’ increased reliance
on LTE to provide mobile broadband
across the country, capturing mobile
broadband deployment under nine
technology codes has become outdated
and unnecessary. The four codes that
we adopt in this item will reduce
burdens on filers while providing
adequate information for the
Commission to continue to ‘‘assess the
wireless marketplace to ensure that our
spectrum and competition policies
accommodate growing demand and
evolving technologies in the provision
of mobile broadband services.’’
50. The new 5G–NR, LTE, CDMAbased, and GSM-based technology codes
also lessen the likelihood that filers may
adopt and file under their own
definitions of technology deployments,
leading to confusion and decreasing the
usefulness of the data gathered. Given
that there are industry standards for 5G
technology and LTE, we find it
unnecessary to continue to require
individual submissions under each of
the previous nine codes.
51. Finally, requiring deployment
data to be submitted under four, instead
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of nine, technology codes will ease
burdens on filers who must currently
submit shapefiles for each technology.
We find that the limited usefulness and
practical application of the nine
technology codes that Form 477
currently requires do not outweigh the
burdens that they generate for filers.
52. Simplifying Mobile Voice
Deployment Data Collection. We
eliminate the requirement to submit
mobile voice data by spectrum band for
the same reasons that we eliminate this
requirement for mobile broadband data:
The Commission has yet to use this
spectrum band information in its mobile
voice coverage analysis and the
requirement poses an additional burden
on filers. We also streamline the
technology filing requirement to four
main voice-technology categories: 5G–
NR, Voice-over-LTE (VoLTE), GSMbased, and CDMA-based. GSM-based
voice technologies include GSM or a
subsequent generation of GSM, such as
the current technology codes GSM,
WCDMA/UMTS/HSPA, and HSPA+.
CDMA-based voice technologies include
CDMA or a subsequent generation of
CDMA, such as the current technology
codes CDMA and EVDO/EVDO Rev A.
53. In filing nationwide voice-service
coverage data, facilities-based mobile
voice providers are required to submit
shapefiles representing geographic
coverage by technology (e.g., LTE,
CDMA, analog) and spectrum band of
the service providers’ voice coverage. In
the 2017 Data Collection Improvement
FNPRM, the Commission, while noting
the importance of tracking where mobile
voice services are available to
consumers, sought comment on how it
might streamline this collection.
Specifically, the Commission asked
whether it should eliminate the
submission of voice coverage by both
technology and spectrum band and
whether it should continue to collect
data for VoLTE separately.
54. In the 2013 Form 477 Order, the
Commission stated that voice
deployment data filed by spectrum band
and technology type would (1) enable
the Commission to analyze the extent of
deployment in different spectrum
bands; (2) help the Commission project
market trends and adjust its spectrum
and competition policies; and (3) assist
in the Commission’s efforts in the areas
of emergency response and disaster
relief by identifying the providers that
typically serve an affected area. The
Commission no longer finds it useful,
however, to examine voice deployment
data by spectrum band for the purpose
of adjusting its spectrum and
competition policies, because service
providers currently deploy voice and
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broadband technologies across multiple
bands. We also address the
Commission’s need to determine which
provider’s networks are available during
an emergency, by retaining the
requirement to submit data for VoLTE
deployment. For example, VoLTE data
coverage information demonstrates
comprehensive technological
compatibility among providers and aids
the Commission in identifying where
networks are available during natural
disasters.
55. Multiple commenters observe that
several maps must be generated to meet
this filing requirement, with little
corresponding benefit. In balancing
these interests, we find that more
streamlined coverage maps depicting
each provider’s nationwide voice
coverage area based on the technology
categories outlined above allows
consumers (and the Commission) to
know where they can receive voice
service from a given provider. We agree
with the argument that continuing a
separate collection for certain voice
technologies is necessary because, for
instance, consumers with a GSM-only
phone may not be able to complete a
call when roaming in an area where
only CDMA is available. Providers have
or will soon sunset their older voice
technologies, replacing them with
VoLTE networks. However, continuing
to collect the voice technology
deployment data we outline in this
order is necessary for tracking where
remaining legacy voice technologies are
decommissioned, to ensure that
coverage gaps in mobile calling do not
arise.
56. While we are streamlining the
filing of voice-deployment data, we find
facilities-based mobile-voice providers
should continue to submit VoLTEdeployment data and going forward
submit 5G voice deployment data under
the new 5G–NR category. These data are
valuable because they represent
potential universal technical
compatibility among mobile-voice
providers, which could significantly aid
emergency response and other efforts
facilitated by such compatibility. For
example, VoLTE coverage could better
facilitate a customer’s ability to
complete a 911 call while roaming,
particularly in rural areas where other
voice technologies are not available.
VoLTE is not yet ubiquitous. The filing
of 5G–NR and VoLTE coverage data will
allow the Commission to monitor how
these deployments fill-in and expand
upon the current voice-coverage
footprint. We direct OEA, in
consultation with WCB and WTB to
change which mobile voice service
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technology data are collected going
forward, as they evolve.
57. Collect Mobile Broadband and
Voice Subscription Data at the Census
Tract Level. Facilities-based mobilebroadband and voice providers are
currently required to submit their
subscriber numbers by state. Providers
must include their own prepaid and
postpaid customers in addition to those
of resellers. Currently, providers are
instructed to assign a subscriber to a
particular state based on the area code
of the device’s phone number or ‘‘by
using some other method that best
reflects the subscriber’s locations, such
as billing address or place of primary
use address.’’
58. To provide more granular data, the
2017 Data Collection Improvement
FNPRM proposed changing the
subscribership data by requiring service
providers to submit subscriber data at
the census-tract level, attributed to the
subscriber’s billing address. Based on
the record and the Commission’s need
for more granular data, we now require
mobile providers to submit broadband
and voice subscriber data at the censustract level based on the subscriber’s
place of primary use for postpaid
subscribers and based on the
subscriber’s telephone number for
prepaid and resold subscribers. We find
that state-level aggregation of
subscription data significantly limits the
data’s usefulness, and that census-tract
level data would substantially improve
our ability to conduct more accurate
mobile competition analysis,
particularly in secondary market
transactions. For instance, the
Commission analyzes competition by
Cellular Market Area to determine the
impact of removing a competitor in a
proposed license transfer. While the
Commission receives subscriber data
from service providers to assess
competition in relevant market areas in
a pending transaction, it does not
contain information about the other
competitors in the market. Having the
same census-tract level subscribership
data from all providers facilitates the
Commission’s ability to conduct
comparative analysis in license transfer
proceedings.
59. The Commission today relies on
the telephone number-based Number
Resource Utilization/Forecast
information as a proxy for filersubmitted subscriber numbers when
conducting competitive market analyses
because of shortcomings in state-level
subscriber data. Number Resource
Utilization/Forecast subscriber data
indicate the number of assigned phone
numbers that a service provider has in
a particular rate center, out of the 18,000
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rate centers across the country. All
service providers must report to the
Commission the quantity of their phone
numbers assigned to end users, which
permits the Commission to calculate the
total number of mobile wireless
subscribers. When a geographical
analysis is required, rate center data can
be associated with a geographic point
within a county boundary.
60. Number Resource Utilization/
Forecast data, however, have
limitations, like providing only the
quantity of mobile wireless connections
that have a telephone number, rather
than the number of consumers
subscribed to mobile broadband or voice
service. If a mobile broadband or voice
subscriber uses a device that does not
have a telephone number assigned to it
(e.g., a tablet), then that subscriber will
not be recorded in Number Resource
Utilization/Forecast data. These data
also do not reflect when consumers
move to a different state and retain the
same telephone number.
61. We find that both the
Commission’s need for more precise
data for competitive analyses and the
limitations of Number Resource
Utilization/Forecast data outweigh
industry concerns about the burden of
the collection. We believe that filersupplied data at the census-tract level
are superior to Number Resource
Utilization/Forecast data because they
are generated by the operators and based
on the operator-determined location of
its subscribers. Use of Number Resource
Utilization/Forecast data require the
Commission to estimate the location of
subscribers based on the rate centers
associated with telephone numbers, and
this can cause problems. Mobile
subscriber data at the census-tract level
provides a dataset needed for our
analyses, instead of introducing error by
relying on Number Resource
Utilization/Forecast data in a manner
that it was not intended to be used.
62. Census-tract level reporting of
mobile subscription data strikes the
proper balance between more useful,
granular data, while reducing artificial
precision that could be introduced by
getting too granular with mobile service
use. Some commenters support the
requirement to file subscriber data by
census block. OTI states that censusblock level data would help digital
literacy programs better target their
efforts, because many households
subscribing to these programs rely on
mobile broadband as their primary
means of accessing the internet. Using
census tracts is consistent with our
previous finding that this level of
granularity corresponds to actual
locations and can be correlated with
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valuable demographic census data.
Moreover, subscription data at the
census-tract level would be useful for
analyzing competition by market and
would be more useful than rate-center
based Number Resource Utilization/
Forecast data. While customers are
attributed to a particular address for
their place of primary use, unlike fixed,
the mobile nature of the service
inherently makes such attribution to too
small an area artificial. The census-tract
level maintains the balance of being
useful for our analyses while reducing
any artificial granularity.
63. We are not convinced that the
burdens on reporting entities are so high
that the Commission should continue to
rely on Number Resource Utilization/
Forecast data. We disagree with
commenters who contend that we
should continue to rely on Number
Resource Utilization/Forecast data as
the primary source of mobile broadband
connections and voice service
subscriptions. The Commission must
move forward with a more accurate
mobile subscription collection to meet
its goals and track subscribership data.
Nothing in the record indicates that a
census-tract collection is any more
burdensome for mobile filers than for
fixed filers, whom were already
required to provide subscriber data at
the census-tract level.
64. To ensure consistency among
submissions, we require providers to
submit census tract postpaid
subscribership data by ‘‘place of
primary use,’’ which is defined in the
United States Code as ‘‘the street
address representative of where the
customer’s use of the mobile
telecommunications service primarily
occurs,’’ and must be the ‘‘the
residential street address or the primary
business street address of the customer’’
and ‘‘within the licensed service area of
the home service provider.’’ We find,
however, that we should seek further
comment on applying the place of
primary use methodology to prepaid
and reseller subscribers. As explained
by CTIA, many prepaid mobile
providers neither collect nor use place
of primary use. Once prepaid
subscribers purchase mobile services at
point-of-sale, the service provider may
not communicate with or track the
subscriber. It would be a significant
change if retailers and service providers
are required to collect subscriber billing
address at point-of-sale, or if providers
are required to obtain customer billing
address by some other means, such as
by directly contacting the subscriber via
text message or telephone call. To
ensure the Commission receives prepaid
and reseller subscriber data using a
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consistent methodology, we find it is
necessary on an interim basis to require
providers to submit data that assigns
those subscribers to a census tract using
the subscriber’s telephone number.
65. We find persuasive the concerns
expressed by commenters that the use of
billing address does not reflect where
subscribers primarily use their mobile
broadband and voice services. Certain
subscriber groups, such as seasonal
workers, college students, business
accounts, and prepaid subscribers,
could be misreported if billing address
is used to represent where they
primarily use their service. The ‘‘place
of primary use’’ best addresses all of
these concerns. This definition focuses
on where the service is primarily used,
not billed, and allows for inclusion of
prepaid subscribers. Facilities-based
mobile service providers must also
obtain and maintain this information for
tax purposes, thus decreasing the
burden of collecting and storing these
subscriber data. To the extent that
providers do not currently have a
system that associates a place of primary
use with a census tract, providers
should obtain and keep this information
in the normal course of business going
forward. While the place of primary use
may not reflect all locations that
subscribers may use their service, we
believe it is the best proxy given the
benefits and burdens commenters
identified.
66. Eliminating Collection of Mobile
Retail Availability. We conclude it is
appropriate to no longer collect censustract level mobile retail availability data.
The current form requires facilitiesbased mobile broadband providers to
submit a list of census tracts in which
the provider advertises its mobile
wireless broadband service and in
which the service is available to actual
and potential subscribers. These retail
availability data were used as a proxy
for mobile broadband deployment data
before the Commission required
submission of such data. When the
Commission began collecting
deployment data, it decided to retain
the retail availability collection, on the
basis that such data are necessary to
indicate where, within a service
provider’s coverage area, the provider
actually has a local retail presence. The
Commission concluded that collection
of retail availability data would
complement the deployment data by
allowing the Commission to better
understand where service is ‘‘advertised
and available’’ to subscribers within the
provider’s deployment footprint.
67. The 2017 Data Collection
Improvement FNPRM proposed to
eliminate the collection of retail
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availability data, given that, as time
passed, the data did not in actuality
provide useful, additional information
about where service providers have a
local retail presence. Based on the
record, we now eliminate the mobile
retail availability collection. We agree
with commenters that this collection
creates an additional filing burden but
does not yield useful data.
68. We are not persuaded by those
commenters that support retention or
improvement of the retail availability
filing requirement. The California PUC
argues that we should continue
collecting this information, but does not
explain how it is useful beyond what is
also collected for deployment data. The
West Virginia Office of the GIS State
Coordinator states that we should revise
the collection and require providers to
submit their local retail presence, which
would aid in determining how to serve
consumers not located in retail service
areas. However, most (if not all)
consumers can still subscribe to service
despite the lack of a retail presence in
a location, if a provider’s network
covers that location. We find that
deployment information, which service
providers must continue to submit, is
much more useful to consumers and
policymakers than retail availability
information, and accordingly we
eliminate the mobile retail availability
collection.
69. Eliminating the Committed
Information Rate Collection for FixedBroadband Deployment. Form 477
currently requires fixed providers
offering business/enterprise/government
services to report the maximum
downstream and upstream contractual
or guaranteed data throughput rate
(committed information rate) available
in each reported census block. However,
the record in this proceeding supports
discontinuing the collection of
committed information rate data. We
agree with commenters such as Alaska
Communications that committed
information rate data is ‘‘not a useful
category of data’’ and ‘‘imposes
significant burdens’’, and with ACA,
who argues that any rationale there was
to adopt the requirement no longer
exists because ‘‘small- and mediumsized end-users increasingly do not
distinguish’’ between best-efforts or
committed information rate ‘‘as
broadband service performance for bestefforts is enhanced.’’ Verizon also agrees
with eliminating the committed
information rate requirement because
‘‘relying on the maximum upload and
download speed should sufficiently
describe the services that are available
to business customers in an area.’’
AT&T supports elimination and asks
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that the Commission ‘‘limit the
collection to the maximum best efforts
speed offered, and maintain the
indicators for consumer and business
data.’’ Other commenters also are in
agreement with eliminating the
committed information rate reporting
requirement.
70. Only Windstream supports
keeping the collection of committed
information rate data, arguing that such
data ‘‘enable the Commission to
evaluate trends in the competitive
landscape for the provision of Business
Data Services. . . .’’ Windstream, in
fact, urges the Commission not only to
keep but also to expand the collection
and require reporting of the following
CIR ranges at the census-block level: (1)
10 Mbps and below; (2) 11 to 50 Mbps;
(3) 51 to 100 Mbps; (4) 101 Mbps to 1
GB; and (5) above 1GB. Windstream
contends that these data ‘‘are crucial for
the Commission to evaluate whether its
predictions prove accurate or whether
different action is necessary to ensure
competitive [business data service]
markets.’’
71. We disagree. Specific measures of
a committed information rate are not
required to evaluate the business data
services market per the competitive
market test that the Commission
adopted in 2017 for price cap areas
(prior to the 2017 Data Collection
Improvement FNPRM) and in 2018 for
certain rate-of-return areas. Accordingly,
discontinuing the committed
information rate collection lacks any
relationship to our ability to ‘‘evaluate
trends in the competitive landscape for
the provision of [business data
services],’’ as Windstream claims. The
competitive market test depends on
reported service speeds (specifically, a
minimum of 10/1 Mbps). As long as we
collect service speeds for upload and
download, all the information necessary
for an analysis using the competitive
market test remains available. Therefore,
we disagree with Windstream and
decline to expand the collection of
committed information rate data as
requested.
72. Permitting Company-Specific
Fixed-Voice-Subscription Data at the
Study-Area Level for Incumbent Local
Exchange Companies. In the 2017 Data
Collection Improvement FNPRM, the
Commission proposed to use the Form
477 fixed voice subscription data, in
conjunction with Study Area Boundary
data, to develop and publish aggregated
voice line counts for every rate-of-return
carrier study area. The Commission’s
proposal stemmed from the fact that, at
the time, rate-of-return carriers
switching to the Alternative Connect
America Cost Model and Alaska Plan
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carriers were no longer required to
report such data to USAC for its legacy
study area boundaries. However, in the
December 2018 Rate-of-Return Reform
Order, the Commission reinstated the
requirement so the Commission can
once again collect the line count
information (through FCC Form 507),
thereby maintaining a frequently-used
data set. Consequently, we decline to
adopt the proposal to replace the FCC
Form 507 data with the Form 477 fixed
voice subscription data (plus Study
Area Boundary data) because the
underlying rationale for the
Commission’s proposal no longer exists
(i.e., the proposal is moot).
73. Non-Substantive Clarifying Rule
Amendments. Finally, we adopt
amendments to clarify our rules, correct
inaccurate references, and delete
superfluous text, without changing the
substantive requirements. First, we
modify the rules to more clearly identify
the categories of service providers
required to submit data. The
Commission has required facilitiesbased providers of broadband service to
submit Form 477 since 2000, but the
existing rules do not define the key term
‘‘broadband.’’ We remedy this gap by
incorporating the form Instructions’
definition of ‘‘broadband connection’’
into the rule. Moreover, facilities-based
providers of mobile voice service have
been required to file since the form’s
inception; but the rules do not make
clear that mobile voice service providers
can be defined as ‘‘facilities-based
providers’’ or that only those that
qualify as ‘‘facilities-based’’ must file.
We correct these anomalies by
broadening the definition of ‘‘facilitiesbased providers’’ to encompass mobile
voice service providers as well as
broadband connections.
74. We also consolidate the separate
rule sections that establish Form 477
filing requirements for broadband
service providers (Sections 1.7000 et
seq.) and local voice service providers
(Section 43.11) into a single set of rules.
It is no longer necessary to retain two
separate sets of rules regarding
submission of the same form,
particularly because any given entity
may provide both types of services and
thus is subject to both rules.
Furthermore, we revise text in Section
1.7001(a) that inaptly refers to facilitiesbased providers’ rights to use spectrum
in terms of ownership rather than
licensing. Instead, we use the more
precise and accurate text of the Form
477 Instructions to make clear that fixed
wireless and mobile voice and
broadband service providers are
‘‘facilities-based,’’ for these purposes, if
they: (1) Use spectrum for which they
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43715
have a license; (2) manage or lease
spectrum from another licensee
pursuant to our rules; or (3) operate over
unlicensed spectrum that is lawfully
available for its use. We also delete
unnecessary text.
75. Finally, we direct WCB, together
with IB, WTB, and OEA, to modify
Form 477 and the Instructions to the
form to reflect changes in technologies
over time and to update coverage
resolution, network or transmission
technologies, and related matters
reported on Form 477 as necessary.
IV. Final Regulatory Flexibility
Analysis
76. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
2017 Data Collection Improvement
FNPRM released in August 2017 in this
proceeding. The Commission sought
written public comment on the
proposals in the FNPRM, including
comments on the IRFA. No comments
were filed specifically in response to the
IRFA. One commenter in the proceeding
referenced the IRFA in its general
comments, and we address those
comments below in Section B. This
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Proposed Rules
77. The Form 477 collection has
evolved into the primary data source for
many Commission actions, including
reporting to Congress and the public
about the availability of broadband
services, informing merger reviews, and
supporting our universal service
policies. With the Report and Order, the
Commission takes steps to improve the
Form 477 data collection to reduce
filing burdens and provide more useful
information to consumers. Specifically,
we make targeted changes to streamline
the filing process and eliminate the
collection of certain information that we
believe is not sufficiently useful when
compared with the burden imposed on
filers in providing such information. In
addition, we make targeted changes
such as clarifying parts of the
instructions and modifying the
collection of certain data to aid in more
accurate broadband data and the maps
based on that data to improve the
overall quality and accuracy of the data
that we collect on fixed and mobile
voice and broadband service. We also
streamline the nine mobile broadband
technology codes currently listed on the
Form 477 down to four categories of
technology; require collection of
facilities-based mobile broadband and
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voice subscription data at the census
tract level; and make publicly available
speed data that mobile broadband
service providers submit on all
subsequent Form 477 filings.
78. It also has become clear to the
Commission that the fixed-broadband
deployment data collected on Form 477
are no longer sufficient to use for
targeting our universal service funds.
Therefore, we direct the Universal
Service Administrative Company
(USAC), under the oversight of the
Commission’s Office of Economics and
Analytics (OEA), the Wireline
Competition Bureau (WCB), Wireless
Telecommunications Bureau (WTB),
and the International Bureau (IB), to
initiate a new data collection (the
Digital Opportunity Data Collection) for
fixed providers based on geospatial
broadband service availability data that
represent the actual service area where
fixed broadband is available. At the
same time, to complement this granular
broadband availability data, we adopt a
process to have USAC begin collecting
public input, sometimes known as
‘‘crowdsourcing,’’ on the accuracy of
service providers’ broadband
deployment data. Through this new
tool, State, local, and Tribal
governmental entities, and members of
the public, will be able to submit fixed
broadband availability data, leveraging
their experience concerning service
availability. We believe these actions in
the Report and Order will increase the
usefulness of fixed broadband
deployment data to the Commission,
Congress, the industry, and the public.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
79. The Wireless Internet Service
Providers Association (WISPA) in its
general comments to the FNPRM
contends that that IRFA does not meet
the requirements of the Regulatory
Flexibility Act (RFA) because the
Commission failed ‘‘to estimate how
many small broadband providers use
unlicensed spectrum.’’ Section 603 of
the RFA requires the Commission to
include in the IRFA ‘‘a description of
and, where feasible, an estimate of the
number of small entities to which the
proposed rule will apply.’’ WISPA
argues that it is feasible for the
Commission to estimate the number of
small fixed wireless internet providers
by using the information from its data
collection on Form 477.
80. When we prepared the IRFA in
2017, it was not feasible for us to
provide an accurate estimate of the
number of small wireless internet
service providers (WISPs) that would be
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affected by the proposed rule. Our
action in Section III.B. of this Report
and Order clarifies that WISPs that
operate over unlicensed spectrum are
required to file Form 477. We recognize
the possibility that such entities might
not have filed in prior data collections
because of the ambiguity in Section
1.7001(a) of the Commission’s rules.
Thus, at the time, it was not feasible for
us to estimate the number of small
WISPs that would be affected by the
proposed rule. However, we specifically
considered the potential impact of the
proposed rule on small WISPs in the
IRFA for the 2017 Data Collection
Improvement FNPRM by including such
entities in the ‘‘Broadband Internet
Access Service Providers’’ category.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
81. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration (SBA) and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments.
82. The Chief Counsel did not file
comments in response to the proposed
rules in this proceeding.
D. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
83. 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 rules adopted herein. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.’’ A
‘‘small business concern’’ is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
84. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. Our actions, over time,
may affect small entities that are not
easily categorized at present. We
therefore describe here, at the outset,
three comprehensive small entity size
standards that could be directly affected
herein. First, while there are industryspecific size standards for small
businesses that are used in the
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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% of all
businesses in the United States which
translates to 28.8 million businesses.
85. 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 August 2016,
there were approximately 356,494 small
organizations based on registration and
tax data filed by nonprofits with the
Internal Revenue Service (IRS).
86. Finally, the small entity described
as a ‘‘small governmental jurisdiction’’
is defined generally as ‘‘governments of
cities, towns, townships, villages,
school districts, or special districts, with
a population of less than fifty
thousand.’’ U.S. Census Bureau data
published in 2012 indicate that there
were 89,476 local governmental
jurisdictions in the United States. We
estimate that, of this total, as many as
88,761 entities may qualify as ‘‘small
governmental jurisdictions.’’ Thus, we
estimate that most governmental
jurisdictions are small.
i. Broadband Internet Access Service
Providers
87. The broadband internet access
service provider industry has changed
since the definition was introduced in
2007. The data cited below may
therefore include entities that no longer
provide broadband internet access
service and may exclude entities that
now provide such service. To ensure
that this FRFA describes the universe of
small entities that our action might
affect, we discuss in turn several
different types of entities that might be
providing broadband internet access
service. We note that, although we have
no specific information on the number
of small entities that provide broadband
internet access service over unlicensed
spectrum, we included these entities in
our Initial Regulatory Flexibility
Analysis.
88. Internet Service Providers
(Broadband). Broadband internet
service providers include wired (e.g.,
cable, DSL) and VoIP service providers
using their own operated wired
telecommunications infrastructure and
fall in the category of Wired
Telecommunication Carriers. Wired
Telecommunications Carriers are
comprised of establishments primarily
engaged in operating and/or providing
access to transmission facilities and
infrastructure that they own and/or
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lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies. The SBA size standard for
this category classifies a business as
small if it has 1,500 or fewer employees.
U.S. Census data for 2012 show that
there were 3,117 firms that operated that
year. Of this total, 3,083 operated with
fewer than 1,000 employees.
Consequently, under this size standard
the majority of firms in this industry can
be considered small.
89. Internet Service Providers (NonBroadband). Internet access service
providers such as Dial-up internet
service providers, VoIP service
providers using client-supplied
telecommunications connections, and
internet service providers using clientsupplied telecommunications
connections (e.g., dial-up ISPs) fall in
the category of All Other
Telecommunications. The SBA has
developed a small business size
standard for All Other
Telecommunications, which consists of
all such firms with gross annual receipts
of $32.5 million or less. For this
category, U.S. Census data for 2012
shows that there were 1,442 firms that
operated for the entire year. Of these
firms, a total of 1,400 had gross annual
receipts of less than $25 million.
Consequently, under this size standard
a majority of ‘‘All Other
Telecommunications’’ firms can be
considered small.
2. Wireline Providers
90. Wired Telecommunications
Carriers. The U.S. Census Bureau
defines this industry as ‘‘establishments
primarily engaged in operating and/or
providing access to transmission
facilities and infrastructure that they
own and/or lease for the transmission of
voice, data, text, sound, and video using
wired communications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies. Establishments in this
industry use the wired
telecommunications network facilities
that they operate to provide a variety of
services, such as wired telephony
services, including VoIP services, wired
(cable) audio and video programming
distribution, and wired broadband
internet services. By exception,
establishments providing satellite
television distribution services using
facilities and infrastructure that they
operate are included in this industry.’’
The SBA has developed a small
business size standard for Wired
Telecommunications Carriers, which
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consists of all such companies having
1,500 or fewer employees. U.S. Census
Bureau data for 2012 show that there
were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer
than 1,000 employees. Thus, under this
size standard, the majority of firms in
this industry can be considered small.
91. Local Exchange Carriers (LECs).
Neither the Commission nor the SBA
has developed a size standard for small
businesses specifically applicable to
local exchange services. The closest
applicable NAICS Code category is
Wired Telecommunications Carriers.
Under the applicable SBA size standard,
such a business is small if it has 1,500
or fewer employees. According to
Commission data, U.S. Census data for
2012 show that there were 3,117 firms
that operated that year. Of this total,
3,083 operated with fewer than 1,000
employees. Thus under this category
and the associated size standard, the
Commission estimates that the majority
of local exchange carriers are small
entities.
92. Incumbent Local Exchange
Carriers (Incumbent LECs). Neither the
Commission nor the SBA has developed
a small business size standard
specifically for incumbent local
exchange services. The closest
applicable NAICS Code category is
Wired Telecommunications Carriers.
Under the applicable SBA size standard,
such a business is small if it has 1,500
or fewer employees. According to U.S.
Census Bureau data for 2012, 3,117
firms operated in that year. Of this total,
3,083 operated with fewer than 1,000
employees. Consequently, the
Commission estimates that most
providers of incumbent local exchange
service are small businesses that may be
affected by our actions. According to
Commission data, 1,307 Incumbent
LECs reported that they were incumbent
local exchange service providers. Of this
total, an estimated 1,006 have 1,500 or
fewer employees. Thus, using the SBA’s
size standard, the majority of Incumbent
LECs can be considered small entities.
93. Competitive Local Exchange
Carriers (Competitive LECs),
Competitive Access Providers (CAPs),
Shared-Tenant Service Providers, and
Other Local Service Providers. Neither
the Commission nor the SBA has
developed a small business size
standard specifically for these service
providers. The appropriate NAICS Code
category is Wired Telecommunications
Carriers and under that size standard,
such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau
data for 2012 indicate that 3,117 firms
operated during that year. Of that
number, 3,083 operated with fewer than
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1,000 employees. Based on these data,
the Commission concludes that the
majority of Competitive LECS, CAPs,
Shared-Tenant Service Providers, and
Other Local Service Providers, are small
entities. According to Commission data,
1,442 carriers reported that they were
engaged in the provision of either
competitive local exchange services or
competitive access provider services. Of
these 1,442 carriers, an estimated 1,256
have 1,500 or fewer employees. In
addition, 17 carriers have reported that
they are Shared-Tenant Service
Providers, and all 17 are estimated to
have 1,500 or fewer employees. Also, 72
carriers have reported that they are
Other Local Service Providers. Of this
total, 70 have 1,500 or fewer employees.
Consequently, based on internally
researched FCC data, the Commission
estimates that most providers of
competitive local exchange service,
competitive access providers, SharedTenant Service Providers, and Other
Local Service Providers are small
entities.
94. Interexchange Carriers (IXCs).
Neither the Commission nor the SBA
has developed a definition for
Interexchange Carriers. The closest
NAICS Code category is Wired
Telecommunications Carriers. The
applicable size standard under SBA
rules consists of all such companies
having 1,500 or fewer employees. U.S.
Census Bureau data for 2012 indicate
that 3,117 firms operated during that
year. Of that number, 3,083 operated
with fewer than 1,000 employees.
According to internally developed
Commission data, 359 companies
reported that their primary
telecommunications service activity was
the provision of interexchange services.
Of this total, an estimated 317 have
1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of
interexchange service providers are
small entities.
95. Operator Service Providers (OSPs).
Neither the Commission nor the SBA
has developed a small business size
standard specifically for operator
service providers. The closest applicable
size standard under SBA rules is the
category of Wired Telecommunications
Carriers. Under the size standard for
Wired Telecommunications Carriers,
such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau
data for 2012 show that there were 3,117
firms that operated that year. Of this
total, 3,083 operated with fewer than
1,000 employees. Thus, under this size
standard, the majority of firms in this
industry can be considered small.
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96. According to Commission data, 33
carriers have reported that they are
engaged in the provision of operator
services. Of these, an estimated 31 have
1,500 or fewer employees and two have
more than 1,500 employees.
Consequently, the Commission
estimates that the majority of OSPs are
small entities.
97. Other Toll Carriers. Neither the
Commission nor the SBA has developed
a definition for small businesses
specifically applicable to Other Toll
Carriers. This category includes toll
carriers that do not fall within the
categories of interexchange carriers,
operator service providers, prepaid
calling card providers, satellite service
carriers, or toll resellers. The closest
applicable size standard under SBA
rules is for Wired Telecommunications
Carriers and the applicable small
business size standard under SBA rules
consists of all such companies having
1,500 or fewer employees. U.S. Census
data for 2012 indicate that 3,117 firms
operated during that year. Of that
number, 3,083 operated with fewer than
1,000 employees. According to
Commission data, 284 companies
reported that their primary
telecommunications service activity was
the provision of other toll carriage. Of
these, an estimated 279 have 1,500 or
fewer employees. Consequently, the
Commission estimates that most Other
Toll Carriers are small entities.
3. Wireless Providers—Fixed and
Mobile
98. The broadband internet access
service provider category covered by
these new rules may cover multiple
wireless firms and categories of
regulated wireless services. Thus, to the
extent the wireless services listed below
are used by wireless firms for broadband
internet access service, the actions may
have an impact on those small
businesses as set forth above and further
below. In addition, for those services
subject to auctions, we note that, as a
general matter, the number of winning
bidders that claim to qualify as small
businesses at the close of an auction
does not necessarily represent the
number of small businesses currently in
service. Also, the Commission does not
generally track subsequent business size
unless, in the context of assignments
and transfers or reportable eligibility
events, unjust enrichment issues are
implicated.
99. Wireless Telecommunications
Carriers (except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
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Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. The appropriate size standard
under SBA rules is that such a business
is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census data for 2012 show that there
were 967 firms that operated for the
entire year. Of this total, 955 firms had
employment of 999 or fewer employees
and 12 had employment of 1,000
employees or more. Thus, under this
category and the associated size
standard, the Commission estimates that
the majority of wireless
telecommunications carriers (except
satellite) are small entities.
100. The Commission’s own data—
available in its Universal Licensing
System—indicate that, as of August 31,
2018, there are 265 Cellular licensees
that will be affected by our actions. The
Commission does not know how many
of these licensees are small, as the
Commission does not collect that
information for these types of entities.
Similarly, according to internallydeveloped Commission data, 413
carriers reported that they were engaged
in the provision of wireless telephony,
including cellular service, Personal
Communications Service (PCS), and
Specialized Mobile Radio (SMR)
Telephony services. Of this total, an
estimated 261 have 1,500 or fewer
employees, and 152 have more than
1,500 employees. Thus, using available
data, we estimate that the majority of
wireless firms can be considered small.
101. Wireless Communications
Services. This service can be used for
fixed, mobile, radiolocation, and digital
audio broadcasting satellite uses. The
Commission defined ‘‘small business’’
for the wireless communications
services (WCS) auction as an entity with
average gross revenues of $40 million
for each of the three preceding years,
and a ‘‘very small business’’ as an entity
with average gross revenues of $15
million for each of the three preceding
years. The SBA has approved these
small business size standards. In the
Commission’s auction for geographic
area licenses in the WCS, there were
seven winning bidders that qualified as
‘‘very small business’’ entities and one
that qualified as a ‘‘small business’’
entity.
102. 1670–1675 MHz Services. This
service can be used for fixed and mobile
uses, except aeronautical mobile. An
auction for one license in the 1670–1675
MHz band was conducted in 2003. One
license was awarded. The winning
bidder was not a small entity.
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103. Wireless Telephony. Wireless
telephony includes cellular, personal
communications services, and
specialized mobile radio telephony
carriers. The closest applicable SBA
category is Wireless
Telecommunications Carriers (except
Satellite). Under the SBA small business
size standard, a business is small if it
has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for
2012 show that there were 967 firms
that operated for the entire year. Of this
total, 955 firms had fewer than 1,000
employees and 12 firms had 1,000
employees or more. Thus, under this
category and the associated size
standard, the Commission estimates that
a majority of these entities can be
considered small. According to
Commission data, 413 carriers reported
that they were engaged in wireless
telephony. Of these, an estimated 261
have 1,500 or fewer employees and 152
have more than 1,500 employees.
Therefore, more than half of these
entities can be considered small.
104. Broadband Personal
Communications Service. The
broadband personal communications
services (PCS) spectrum is divided into
six frequency blocks designated A
through F, and the Commission has held
auctions for each block. The
Commission initially defined a ‘‘small
business’’ for C- and F-Block licenses as
an entity that has average gross revenues
of $40 million or less in the three
previous calendar years. For F-Block
licenses, an additional small business
size standard for ‘‘very small business’’
was added and is defined as an entity
that, together with its affiliates, has
average gross revenues of not more than
$15 million for the preceding three
calendar years. These standards,
defining ‘‘small entity’’ in the context of
broadband PCS auctions, have been
approved by the SBA. No small
businesses within the SBA-approved
small business size standards bid
successfully for licenses in Blocks A
and B. There were 90 winning bidders
that claimed small business status in the
first two C-Block auctions. A total of 93
bidders that claimed small business
status won approximately 40 percent of
the 1,479 licenses in the first auction for
the D, E, and F Blocks. On April 15,
1999, the Commission completed the
reauction of 347 C-, D-, E-, and F-Block
licenses in Auction No. 22. Of the 57
winning bidders in that auction, 48
claimed small business status and won
277 licenses.
105. On January 26, 2001, the
Commission completed the auction of
422 C and F Block Broadband PCS
licenses in Auction No. 35. Of the 35
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winning bidders in that auction, 29
claimed small business status.
Subsequent events concerning Auction
35, including judicial and agency
determinations, resulted in a total of 163
C and F Block licenses being available
for grant. On February 15, 2005, the
Commission completed an auction of
242 C-, D-, E-, and F-Block licenses in
Auction No. 58. Of the 24 winning
bidders in that auction, 16 claimed
small business status and won 156
licenses. On May 21, 2007, the
Commission completed an auction of 33
licenses in the A, C, and F Blocks in
Auction No. 71. Of the 12 winning
bidders in that auction, five claimed
small business status and won 18
licenses. On August 20, 2008, the
Commission completed the auction of
20 C-, D-, E-, and F-Block Broadband
PCS licenses in Auction No. 78. Of the
eight winning bidders for Broadband
PCS licenses in that auction, six claimed
small business status and won 14
licenses.
106. Specialized Mobile Radio
Licenses. The Commission awards
‘‘small entity’’ bidding credits in
auctions for Specialized Mobile Radio
(SMR) geographic area licenses in the
800 MHz and 900 MHz bands to firms
that had revenues of no more than $15
million in each of the three previous
calendar years. The Commission awards
‘‘very small entity’’ bidding credits to
firms that had revenues of no more than
$3 million in each of the three previous
calendar years. The SBA has approved
these small business size standards for
the 900 MHz Service. The Commission
has held auctions for geographic area
licenses in the 800 MHz and 900 MHz
bands. The 900 MHz SMR auction began
on December 5, 1995, and closed on
April 15, 1996. Sixty bidders claiming
that they qualified as small businesses
under the $15 million size standard won
263 geographic area licenses in the 900
MHz SMR band. The 800 MHz SMR
auction for the upper 200 channels
began on October 28, 1997, and was
completed on December 8, 1997. Ten
bidders claiming that they qualified as
small businesses under the $15 million
size standard won 38 geographic area
licenses for the upper 200 channels in
the 800 MHz SMR band. A second
auction for the 800 MHz band
conducted in 2002 and included 23 BEA
licenses. One bidder claiming small
business status won five licenses.
107. The auction of the 1,053 800
MHz SMR geographic area licenses for
the General Category channels was
conducted in 2000. Eleven bidders won
108 geographic area licenses for the
General Category channels in the 800
MHz SMR band and qualified as small
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businesses under the $15 million size
standard. In an auction completed in
2000, a total of 2,800 Economic Area
licenses in the lower 80 channels of the
800 MHz SMR service were awarded. Of
the 22 winning bidders, 19 claimed
small business status and won 129
licenses. Thus, combining all four
auctions, 41 winning bidders for
geographic licenses in the 800 MHz
SMR band claimed status as small
businesses.
108. In addition, there are numerous
incumbent site-by-site SMR licenses and
licensees with extended implementation
authorizations in the 800 and 900 MHz
bands. We do not know how many firms
provide 800 MHz or 900 MHz
geographic area SMR service pursuant
to extended implementation
authorizations, nor how many of these
providers have annual revenues of no
more than $15 million. One firm has
over $15 million in revenues. In
addition, we do not know how many of
these firms have 1,500 or fewer
employees, which is the SBAdetermined size standard. We assume,
for purposes of this analysis, that all of
the remaining extended implementation
authorizations are held by small
entities, as defined by the SBA.
109. Lower 700 MHz Band Licenses.
The Commission previously adopted
criteria for defining three groups of
small businesses for purposes of
determining their eligibility for special
provisions such as bidding credits. The
Commission defined a ‘‘small business’’
as an entity that, together with its
affiliates and controlling principals, has
average gross revenues not exceeding
$40 million for the preceding three
years. A ‘‘very small business’’ is
defined as an entity that, together with
its affiliates and controlling principals,
has average gross revenues that are not
more than $15 million for the preceding
three years. Additionally, the lower 700
MHz Service had a third category of
small business status for Metropolitan/
Rural Service Area (MSA/RSA)
licenses—‘‘entrepreneur’’—which is
defined as an entity that, together with
its affiliates and controlling principals,
has average gross revenues that are not
more than $3 million for the preceding
three years. The SBA approved these
small size standards. An auction of 740
licenses (one license in each of the 734
MSAs/RSAs and one license in each of
the six Economic Area Groupings
(EAGs)) commenced on August 27,
2002, and closed on September 18,
2002. Of the 740 licenses available for
auction, 484 licenses were won by 102
winning bidders. Seventy-two of the
winning bidders claimed small
business, very small business, or
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entrepreneur status and won a total of
329 licenses. A second auction
commenced on May 28, 2003, closed on
June 13, 2003, and included 256
licenses: 5 EAG licenses and 476
Cellular Market Area licenses.
Seventeen winning bidders claimed
small or very small business status and
won 60 licenses, and nine winning
bidders claimed entrepreneur status and
won 154 licenses. On July 26, 2005, the
Commission completed an auction of 5
licenses in the Lower 700 MHz band
(Auction No. 60). There were three
winning bidders for five licenses. All
three winning bidders claimed small
business status.
110. In 2007, the Commission
reexamined its rules governing the 700
MHz band in the 700 MHz Second
Report and Order. An auction of 700
MHz licenses commenced January 24,
2008 and closed on March 18, 2008,
which included, 176 Economic Area
licenses in the A Block, 734 Cellular
Market Area licenses in the B Block, and
176 EA licenses in the E Block. Twenty
winning bidders, claiming small
business status (those with attributable
average annual gross revenues that
exceed $15 million and do not exceed
$40 million for the preceding three
years) won 49 licenses. Thirty-three
winning bidders claiming very small
business status (those with attributable
average annual gross revenues that do
not exceed $15 million for the preceding
three years) won 325 licenses.
111. Upper 700 MHz Band Licenses.
In the 700 MHz Second Report and
Order, the Commission revised its rules
regarding Upper 700 MHz licenses. On
January 24, 2008, the Commission
commenced Auction 73 in which
several licenses in the Upper 700 MHz
band were available for licensing: 12
Regional Economic Area Grouping
licenses in the C Block and one
nationwide license in the D Block. The
auction concluded on March 18, 2008,
with three winning bidders claiming
very small business status (those with
attributable average annual gross
revenues that do not exceed $15 million
for the preceding three years) and
winning five licenses.
112. 700 MHz Guard Band Licensees.
In 2000, in the 700 MHz Guard Band
Order, the Commission adopted size
standards for ‘‘small businesses’’ and
‘‘very small businesses’’ for purposes of
determining their eligibility for special
provisions such as bidding credits and
installment payments. A small business
in this service is an entity that, together
with its affiliates and controlling
principals, has average gross revenues
not exceeding $40 million for the
preceding three years. Additionally, a
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very small business is an entity that,
together with its affiliates and
controlling principals, has average gross
revenues that are not more than $15
million for the preceding three years.
SBA approval of these definitions is not
required. An auction of 52 Major
Economic Area licenses commenced on
September 6, 2000, and closed on
September 21, 2000. Of the 104 licenses
auctioned, 96 licenses were sold to nine
bidders. Five of these bidders were
small businesses that won a total of 26
licenses. A second auction of 700 MHz
Guard Band licenses commenced on
February 13, 2001, and closed on
February 21, 2001. All eight of the
licenses auctioned were sold to three
bidders. One of these bidders was a
small business that won a total of two
licenses.
113. Air-Ground Radiotelephone
Service. The Commission has previously
used the SBA’s small business size
standard applicable to Wireless
Telecommunications Carriers (except
Satellite). The appropriate size standard
under SBA rules is that such a business
is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census Bureau data for 2012 show that
there were 967 firms that operated for
the entire year. Of this total, 955 firms
had fewer than 1,000 employees and 12
had employment of 1,000 employees or
more. There are approximately 100
licensees in the Air-Ground
Radiotelephone Service, and we
estimate that almost all of them qualify
as small entities under the SBA
definition.
114. For purposes of assigning AirGround Radiotelephone Service licenses
through competitive bidding, the
Commission has defined ‘‘small
business’’ as an entity that, together
with controlling interests and affiliates,
has average annual gross revenues for
the preceding three years not exceeding
$40 million. A ‘‘very small business’’ is
defined as an entity that, together with
controlling interests and affiliates, has
average annual gross revenues for the
preceding three years not exceeding $15
million. These definitions were
approved by the SBA. In May 2006, the
Commission completed an auction of
nationwide commercial Air-Ground
Radiotelephone Service licenses in the
800 MHz band (Auction No. 65). On
June 2, 2006, the auction closed with
two winning bidders winning two AirGround Radiotelephone Services
licenses. Neither of the winning bidders
claimed small business status.
115. AWS Services (1710–1755 MHz
and 2110–2155 MHz bands (AWS–1);
1915–1920 MHz, 1995–2000 MHz, 2020–
2025 MHz and 2175–2180 MHz bands
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(AWS–2); 2155–2175 MHz band (AWS–
3)). For the AWS–1 bands, the
Commission has defined a ‘‘small
business’’ as an entity with average
annual gross revenues for the preceding
three years not exceeding $40 million,
and a ‘‘very small business’’ as an entity
with average annual gross revenues for
the preceding three years not exceeding
$15 million. For AWS–2 and AWS–3,
although we do not know for certain
which entities are likely to apply for
these frequencies, we note that the
AWS–1 bands are comparable to those
used for cellular service and personal
communications service. The
Commission has not yet adopted size
standards for the AWS–2 or AWS–3
bands but proposes to treat both AWS–
2 and AWS–3 similarly to broadband
PCS service and AWS–1 service due to
the comparable capital requirements
and other factors, such as issues
involved in relocating incumbents and
developing markets, technologies, and
services.
116. 3650–3700 MHz band. In March
2005, the Commission released a Report
and Order and Memorandum Opinion
and Order that provides for nationwide,
non-exclusive licensing of terrestrial
operations, using contention-based
technologies, in the 3650 MHz band
(i.e., 3650–3700 MHz). As of April 2010,
more than 1,270 licenses have been
granted and more than 7,433 sites have
been registered. The Commission has
not developed a definition of small
entities applicable to 3650–3700 MHz
band nationwide, non-exclusive
licenses. However, we estimate that the
majority of these licensees are Internet
Access Service Providers (ISPs) and that
most of those licensees are small
businesses.
117. Fixed Microwave Services.
Microwave services include common
carrier, private-operational fixed, and
broadcast auxiliary radio services. They
also include the Local Multipoint
Distribution Service (LMDS), the Digital
Electronic Message Service (DEMS), and
the 24 GHz Service, where licensees can
choose between common carrier and
non-common carrier status. At present,
there are approximately 36,708 common
carrier fixed licensees and 59,291
private operational-fixed licensees and
broadcast auxiliary radio licensees in
the microwave services. There are
approximately 135 LMDS licensees,
three DEMS licensees, and three 24 GHz
licensees. The Commission has not yet
defined a small business with respect to
microwave services. The closest
applicable SBA category is Wireless
Telecommunications Carriers (except
Satellite) and the appropriate size
standard for this category under SBA
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rules is that such a business is small if
it has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for
2012 show that there were 967 firms
that operated for the entire year. Of this
total, 955 firms had fewer than 1,000
employees and 12 had employment of
1,000 employees or more. Thus, under
this SBA category and the associated
size standard, the Commission estimates
that a majority of fixed microwave
service licensees can be considered
small.
118. The Commission does not have
data specifying the number of these
licensees that have more than 1,500
employees, and thus is unable at this
time to estimate with greater precision
the number of fixed microwave service
licensees that would qualify as small
business concerns under the SBA’s
small business size standard.
Consequently, the Commission
estimates that there are up to 36,708
common carrier fixed licensees and up
to 59,291 private operational-fixed
licensees and broadcast auxiliary radio
licensees in the microwave services that
may be small and may be affected by the
rules and policies adopted herein. We
note, however, that the common carrier
microwave fixed licensee category does
include some large entities.
119. Broadband Radio Service and
Educational Broadband Service.
Broadband Radio Service systems,
previously referred to as Multipoint
Distribution Service (MDS) and
Multichannel Multipoint Distribution
Service (MMDS) systems and ‘‘wireless
cable,’’ transmit video programming to
subscribers and provide two-way highspeed data operations using the
microwave frequencies of the
Broadband Radio Service (BRS) and
Educational Broadband Service (EBS)
(previously referred to as the
Instructional Television Fixed Service
(ITFS)).
120. BRS — In connection with the
1996 BRS auction, the Commission
established a small business size
standard as an entity that had annual
average gross revenues of no more than
$40 million in the previous three
calendar years. The BRS auctions
resulted in 67 successful bidders
obtaining licensing opportunities for
493 Basic Trading Areas (BTAs). Of the
67 auction winners, 61 met the
definition of a small business. BRS also
includes licensees of stations authorized
prior to the auction. At this time, we
estimate that of the 61 small business
BRS auction winners, 48 remain small
business licensees. In addition to the 48
small businesses that hold BTA
authorizations, there are approximately
392 incumbent BRS licensees that are
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considered small entities. After adding
the number of small business auction
licensees to the number of incumbent
licensees not already counted, we find
that there are currently approximately
440 BRS licensees that are defined as
small businesses under either the SBA
or the Commission’s rules.
121. In 2009, the Commission
conducted Auction 86, the sale of 78
licenses in the BRS areas. The
Commission offered three levels of
bidding credits: (1) A bidder with
attributed average annual gross revenues
that exceed $15 million and do not
exceed $40 million for the preceding
three years (small business) received a
15 percent discount on its winning bid;
(2) a bidder with attributed average
annual gross revenues that exceed $3
million and do not exceed $15 million
for the preceding three years (very small
business) received a 25 percent discount
on its winning bid; and (3) a bidder with
attributed average annual gross revenues
that do not exceed $3 million for the
preceding three years (entrepreneur)
received a 35 percent discount on its
winning bid. Auction 86 concluded in
2009 with the sale of 61 licenses. Of the
ten winning bidders, two bidders that
claimed small business status won four
licenses; one bidder that claimed very
small business status won three
licenses; and two bidders that claimed
entrepreneur status won six licenses.
122. EBS—The SBA’s Cable
Television Distribution Services small
business size standard is applicable to
EBS. There are presently 2,436 EBS
licensees. All but 100 of these licenses
are held by educational institutions.
Educational institutions are included in
this analysis as small entities. Thus, we
estimate that at least 2,336 licensees are
small businesses. Since 2007, Cable
Television Distribution Services have
been defined within the broad economic
census category of Wired
Telecommunications Carriers. Wired
Telecommunications Carriers are
comprised of establishments primarily
engaged in operating and/or providing
access to transmission facilities and
infrastructure that they own and/or
lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies.’’ The SBA’s small
business size standard for this category
is all such firms having 1,500 or fewer
employees. U.S. Census data for 2012
show that there were 3,117 firms that
operated that year. Of this total, 3,083
operated with fewer than 1,000
employees. Thus, under this size
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standard, the majority of firms in this
industry can be considered small.
4. Satellite Service Providers
123. Satellite Telecommunications.
This category comprises firms
‘‘primarily engaged in providing
telecommunications services to other
establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ Satellite
telecommunications service providers
include satellite and earth station
operators. The category has a small
business size standard of $32.5 million
or less in average annual receipts, under
SBA rules. For this category, U.S.
Census Bureau data for 2012 show that
a total of 333 firms operated for the
entire year. Of this total, 299 firms had
annual receipts of less than $25 million.
Consequently, we estimate that the
majority of satellite telecommunications
providers are small entities.
124. All Other Telecommunications.
The ‘‘All Other Telecommunications’’
category is comprised of establishments
that are primarily engaged in providing
specialized telecommunications
services, such as satellite tracking,
communications telemetry, and radar
station operation. This industry also
includes establishments primarily
engaged in providing satellite terminal
stations and associated facilities
connected with one or more terrestrial
systems and capable of transmitting
telecommunications to, and receiving
telecommunications from, satellite
systems. Establishments providing
internet services or voice over internet
protocol (VoIP) services via clientsupplied telecommunications
connections are also included in this
industry. The SBA has developed a
small business size standard for ‘‘All
Other Telecommunications,’’ which
consists of all such firms with gross
annual receipts of $32.5 million or less.
For this category, U.S. Census Bureau
data for 2012 show that there were 1,442
firms that operated for the entire year.
Of these firms, a total of 1,400 had gross
annual receipts of less than $25 million.
Consequently, a majority of ‘‘All Other
Telecommunications’’ firms potentially
affected by our action can be considered
small.
5. Cable Service Providers
125. Cable and Other Subscription
Programming. This industry comprises
establishments primarily engaged in
operating studios and facilities for the
broadcasting of programs on a
subscription or fee basis. The broadcast
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43721
programming is typically narrowcast in
nature (e.g., limited format, such as
news, sports, education, or youthoriented). These establishments produce
programming in their own facilities or
acquire programming from external
sources. The programming material is
usually delivered to a third party, such
as cable systems or direct-to-home
satellite systems, for transmission to
viewers. The SBA size standard for this
industry establishes as small, any
company in this category that has
annual receipts of $38.5 million or less.
According to 2012 U.S. Census Bureau
data, 367 firms operated for the entire
year. Of that number, 319 operated with
annual receipts of less than $25 million
a year and 48 firms operated with
annual receipts of $25 million or more.
Based on this data, the Commission
estimates that the majority of firms
operating in this industry are small.
126. Cable Companies and Systems
(Rate Regulation). The Commission has
developed its own small business size
standards for the purpose of cable rate
regulation. Under the Commission’s
rules, a ‘‘small cable company’’ is one
serving 400,000 or fewer subscribers
nationwide. Industry data indicate that
there are currently 4,600 active cable
systems in the United States. Of this
total, all but eleven cable operators
nationwide are small under the 400,000subscriber size standard. In addition,
under the Commission’s rate regulation
rules, a ‘‘small system’’ is a cable system
serving 15,000 or fewer subscribers.
Current Commission records show 4,600
cable systems nationwide. Of this total,
3,900 cable systems have fewer than
15,000 subscribers, and 700 systems
have 15,000 or more subscribers, based
on the same records. Thus, under this
standard as well, we estimate that most
cable systems are small entities.
127. Cable System Operators
(Telecom Act Standard). The
Communications Act of 1934, as
amended, also contains a size standard
for small cable system operators, which
is ‘‘a cable operator that, directly or
through an affiliate, serves in the
aggregate fewer than 1 percent of all
subscribers in the United States and is
not affiliated with any entity or entities
whose gross annual revenues in the
aggregate exceed $250,000,000.’’ There
are approximately 52,403,705 cable
video subscribers in the United States
today. Accordingly, an operator serving
fewer than 524,037 subscribers shall be
deemed a small operator if its annual
revenues, when combined with the total
annual revenues of all its affiliates, do
not exceed $250 million in the
aggregate. Based on available data, we
find that all but nine incumbent cable
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operators are small entities under this
size standard. We note that the
Commission neither requests nor
collects information on whether cable
system operators are affiliated with
entities whose gross annual revenues
exceed $250 million. Although it seems
certain that some of these cable system
operators are affiliated with entities
whose gross annual revenues exceed
$250 million, we are unable at this time
to estimate with greater precision the
number of cable system operators that
would qualify as small cable operators
under the definition in the
Communications Act.
6. All Other Telecommunications
128. Electric Power Generators,
Transmitters, and Distributors. This
U.S. industry is comprised of
establishments that are primarily
engaged in providing specialized
telecommunications services, such as
satellite tracking, communications
telemetry, and radar station operation.
This industry also includes
establishments primarily engaged in
providing satellite terminal stations and
associated facilities connected with one
or more terrestrial systems and capable
of transmitting telecommunications to,
and receiving telecommunications from,
satellite systems. Establishments
providing internet services or voice over
internet protocol (VoIP) services via
client-supplied telecommunications
connections are also included in this
industry. The closest applicable SBA
category is ‘‘All Other
Telecommunications.’’ The SBA’s small
business size standard for ‘‘All Other
Telecommunications’’ consists of all
such firms with gross annual receipts of
$32.5 million or less. For this category,
U.S. Census data for 2012 show that
there were 1,442 firms that operated for
the entire year. Of these firms, a total of
1,400 had gross annual receipts of less
than $25 million. Consequently, we
estimate that under this category and
the associated size standard the majority
of these firms can be considered small
entities.
E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
129. We expect the rules adopted in
the Report and Order will impose new
or additional reporting, recordkeeping,
and/or other compliance obligations on
small entities. In an effort to develop
better quality, more useful, and more
granular broadband deployment data to
advance our statutory universal service
obligations, we conclude it is necessary
to create a new data collection,
calculated to produce broadband
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deployment maps that will allow the
Commission to precisely target scarce
universal service dollars to where
broadband service is lacking. The
Commission also modifies aspects of the
Form 477 collection to increase the
accuracy of the information collected
and to streamline the current reporting
requirements to reduce the burdens on
filers. We are cognizant of the need to
ensure that the benefits resulting from
use of the data outweigh the reporting
burdens imposed on filers and believe
the new collection requirement for fixed
providers to submit broadband coverage
polygons depicting the areas where they
actually have broadband-capable
networks and make fixed broadband
service available to end-user locations
will benefit small entities as well as
other providers. WISPA, for example,
supports the reporting of broadband
coverage polygons because it is less
burdensome for its members, who are
primarily small fixed wireless
providers, and because it is a more
accurate means of collecting
deployment data.
130. We find that any additional
burdens imposed by our new reporting
approach will be relatively light for
fixed providers in comparison to the
significant benefit to be gained from
more precise broadband deployment
data. For example, many fixed providers
are already familiar with GIS files
because the Commission and other
federal and state agencies use these files
in other contexts. Further, some fixed
providers already have internal GIS
capabilities and/or vendor relationships
for the production of GIS files, which
should lessen the cost of compliance for
small entities. The record suggests that
several online resources and software
options are available that can help fixed
providers create their own polygons of
service availability to comply with this
requirement, which may lessen the need
for small entities to hire professionals.
Thus, we find that any additional
burdens imposed by our new collection
will be relatively light for fixed
providers in comparison to the
significant benefit to be gained from
more accurate and precise broadband
deployment data. Although the
Commission cannot quantify the cost of
compliance with the requirements in
the Report and Order, we believe the
streamlining and removal of certain
reporting requirements should reduce
the compliance burdens for small
entities that are required to complete
Form 477.
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F. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
131. The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its approach,
which may include the following four
alternatives (among others): (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
132. The Commission’s actions to
modernize and streamline the Form 477
collection and reduce the compliance
burdens for filers include measures that
should benefit small entities. In
considering the comments in the record,
we were mindful of the time, money,
and resources that some small entities
incur to complete the current Form 477.
Our actions adopting the filing of
broadband coverage polygons should
provide some economic relief to small
entities when compared to the burdens
imposed by the current census-block
reporting requirement. We also direct
WCB, in coordination with OEA, WTB,
and IB, to determine whether any
category of very small fixed providers
(e.g., those with less than 250
subscribers (or 1,500 or some other
small set number of subscribers) and
who are not eligible
telecommunications carriers (ETCs)
under the USF program) should have
additional time in filing their initial
reports. In addition, to lessen the
burdens on small fixed providers, the
Commission and USAC intend to have
service-desk help available, as well as
clear instructions on the form for the
new collection, to aid filers in preparing
their broadband coverage polygons. We
also believe our actions to streamline
the filing process and eliminate certain
filing requirements will benefit small
entities by reducing the administrative
costs they incur to file Form 477.
133. The Commission considered but
declined to adopt a requirement to
collect fixed broadband deployment
data at the street segment level. With a
street-level approach, smaller providers
would encounter much greater burdens
to report deployment data with more
precision. For the reasons discussed in
the Report and Order, we agree with
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WISPA that a street-level approach is
not appropriate for fixed wireless
providers. In addition, we declined to
establish technical standards for fixed
providers to follow in determining
whether fixed broadband is available in
an area. Imposing fixed standards could
result in increased costs and burdens for
small entities and could risk
undermining the expertise and on-theground knowledge of fixed providers,
possibly resulting in less accurate maps.
The unique knowledge of fixed
broadband providers about their
networks puts them in the best position
to determine where broadband is
available in their service areas.
V. Procedural Matters
134. Paperwork Reduction Act. The
Report and Order contains new and
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. It will be submitted to the
Office of Management and Budget
(OMB) for review under section 3507(d)
of the PRA. The Commission, as part of
its continuing effort to reduce
paperwork burdens, will invite the
general public and the Office of
Management and Budget to comment on
the information collection requirements
contained in the Report and Order, as
required by the PRA. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198 (44 U.S.C. 3506(c)(4)), we
seek specific comment on how we might
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
135. Congressional Review Act. The
Commission will send a copy of this
Report & Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, See 5 U.S.C. 801(a)(1)(A).
136. 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).
VI. Clauses
137. Accordingly, it is ordered that,
pursuant to Sections 1–4, 7, 201, 254,
301, 303, 309, 319, and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151–154, 157, 201,
254, 301, 303, 309, 319, and 332, this
Report and Order and Second Further
Notice of Proposed Rulemaking is
adopted.
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16:03 Aug 21, 2019
Jkt 247001
138. It is further ordered that Parts 1,
43, and 54 of the Commission’s rules are
amended as set forth in Appendix A.
139. It is further ordered that the
Report and Order shall be effective 30
days after publication in the Federal
Register, except for rules and portions
of the Report and Order that have new
or modified information collection
requirements that must be approved by
the Office of Management and Budget
(OMB), which will be effective 30 days
after the announcement in the Federal
Register of OMB approval of those
requirements. OMB approval is
necessary for the information collection
requirements in 47 CFR 54.1401,
54.1402(b), (c), (d)(2), and (e), plus
paragraphs 44–51 and 57–65 of the
Report and Order.
140. It is further ordered that the
Commission’s Consumer &
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Report and Order to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
141. It is further ordered that the
Commission’s Consumer &
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order and Second
Further Notice of Proposed Rulemaking,
including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects
47 CFR Part 1
Administrative practice and
procedure, Broadband, Reporting and
recordkeeping requirements,
Telecommunications.
47 CFR Part 43
Communications common carriers,
Reporting and recordkeeping
requirements.
47 CFR Part 54
Broadband, Reporting and
recordkeeping requirements, Universal
service fund.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
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43723
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i) and (j),
155, 157, 225, 227, 303(r), 309, 1403, 1404,
1451, and 1452.
Subpart V—Commission Collection of
Advanced Telecommunications
Capability Data and Local Exchange
Competition Data
2. Revise the subpart V heading to
read as set forth above.
■ 3. Revise § 1.7000 to read as follows:
■
§ 1.7000
Purpose.
The purposes of this subpart are to set
out the terms by which certain
commercial and government-controlled
entities report data to the Commission
concerning (a) the provision of wired
and wireless local telephone services
and interconnected Voice over internet
Protocol services, and (b) the
deployment of advanced
telecommunications capability, as
defined in 47 U.S.C. 1302, and services
that are competitive with advanced
telecommunications capability.
■ 4. Amend § 1.7001 by revising
paragraphs (a), (b), and (d) to read as
follows:
§ 1.7001
reports.
Scope and content of filed
(a) Definitions. Terms used in this
subpart have the following meanings:
(1) Broadband connection. A wired
line, wireless channel, or satellite
service that terminates at an end user
location or mobile device and enables
the end user to receive information from
and/or send information to the internet
at information transfer rates exceeding
200 kilobits per second (kbps) in at least
one direction.
(2) Facilities-based provider. An
entity is a facilities-based provider of a
service if it supplies such service using
facilities that satisfy any of the
following criteria:
(i) Physical facilities that the entity
owns and that terminate at the end-user
premises;
(ii) Facilities that the entity has
obtained the right to use from other
entities, such as dark fiber or satellite
transponder capacity as part of its own
network, or has obtained;
(iii) Unbundled network element
(UNE) loops, special access lines, or
other leased facilities that the entity
uses to complete terminations to the
end-user premises;
(iv) Wireless service for which the
entity holds a license or that the entity
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manages or has obtained the right to use
via a spectrum leasing arrangement or
comparable arrangement pursuant to
subpart X of this Part (§§ 1.9001–
1.9080); or
(v) Unlicensed spectrum.
(3) End user. A residential, business,
institutional, or government entity that
subscribes to a service, uses that service
for its own purposes, and does not resell
that service to other entities.
(4) Local telephone service. Telephone
exchange or exchange access service (as
defined in 47 U.S.C. 153(20 and (54))
provided by a common carrier or its
affiliate (as defined in 47 U.S.C. 153(2)).
(5) Mobile telephony service. Mobile
telephony (as defined in § 20.15 of this
chapter) provided to end users by a
commercial mobile radio service
(CMRS) provider.
(b) The following entities shall file
with the Commission a completed FCC
Form 477, in accordance with the
Commission’s rules and the instructions
to the FCC Form 477:
(1) Facilities-based providers of
broadband service;
(2) Providers of local telephone
service;
(3) Facilities-based providers of
mobile telephony service; and
(4) Providers of Interconnected Voice
over internet Protocol (VoIP) service (as
defined in § 9.3 of this chapter) to end
users.
*
*
*
*
*
(d) Disclosure of data contained in
FCC Form 477 will be addressed as
follows:
(1) Emergency operations contact
information contained in FCC Form 477
is information that should not be
routinely available for public inspection
pursuant to section 0.457 of this
chapter, in addition to other information
that should not be routinely available
for public inspection pursuant to
§ 0.457.
(2)(i) Respondents may request that
provider-specific subscription
information in FCC Form 477 filings be
treated as confidential and be withheld
from public inspection by so indicating
on Form 477 at the time that they
submit such data.
(ii) The Commission will release the
following information in FCC Form 477
filings to the public, and respondents
may not request confidential treatment
of such information:
(A) Provider-specific mobile
deployment data;
(B) Data regarding minimum
advertised or expected speed for mobile
broadband services; and
(C) Location information that is
necessary to permit accurate broadband
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mapping, including crowdsourcing or
challenge processes.
(3) Respondents seeking confidential
treatment of any other data contained in
FCC Form 477 must submit a request
that the data be treated as confidential
with the submission of their Form 477
filing, along with their reasons for
withholding the information from the
public, pursuant to § 0.459 of this
chapter.
(4) The Commission shall make all
decisions regarding non-disclosure of
provider-specific information, except
that the Chiefs of the International
Bureau, Wireless Telecommunications
Bureau, Wireline Competition Bureau,
or Office of Economics and Analytics
may release provider-specific
information to:
(i) A state commission, provided that
the state commission has protections in
place that would preclude disclosure of
any confidential information,
(ii) ‘‘Eligible entities,’’ as those
entities are defined in the Broadband
Data Improvement Act, in an aggregated
format and pursuant to confidentiality
conditions prescribed by the
Commission, and
(iii) Others, to the extent that access
to such data can be accomplished in a
manner that addresses concerns about
the competitive sensitivity of the data
and precludes public disclosure of any
confidential information.
*
*
*
*
*
■ 5. Add § 1.7003 to subpart V to read
as follows:
§ 1.7003
477.
Authority to update FCC Form
The International Bureau, Wireless
Telecommunications Bureau, Wireline
Competition Bureau, and Office of
Economics and Analytics may update
the specific content of data to be
submitted on FCC Form 477 as
necessary to reflect changes over time in
transmission technologies, spectrum
usage, Geographical Information
Systems (GIS) and other data storage
and processing functionalities, and
other related matters; and may
implement any technical improvements
or other clarifications to the filing
mechanism and forms.
PART 43—REPORTS OF
COMMUNICATIONS COMMON
CARRIERS, PROVIDERS OF
INTERNATIONAL SERVICES AND
CERTAIN AFFILIATES
6. The authority citation for part 43
continues to read as follows:
■
Authority: 47 U.S.C. 35–39, 154, 211, 219,
220; sec. 402(b)(2)(B), (c), Pub. L. 104–104,
110 Stat. 129.
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§ 43.11
■
[Removed]
7. Remove § 43.11.
PART 54—UNIVERSAL SERVICE
8. The authority citation for part 54
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 254, 303(r), 403, and
1302, unless otherwise noted.
9. Add subpart N, consisting of
§§ 54.1400 through 54.1403, to read as
follows:
■
Subpart N—The Digital Opportunity Data
Collection
Sec.
54.1400 Purpose.
54.1401 Frequency of reports.
54.1402 Scope and contents of filed reports.
54.1403 Authority to update the Digital
Opportunity Data Collection.
Subpart N—The Digital Opportunity
Data Collection
§ 54.1400
Purpose.
The purpose of this subpart is to set
out the terms by which facilities-based
providers report data to the Universal
Service Administrative Company
concerning the deployment of fixed
broadband connections for use in
administration of the Universal Service
program and related matters.
§ 54.1401
Frequency of reports.
Entities subject to the provisions of
this subpart shall file initial reports
pursuant to the Digital Opportunity Data
Collection within six months after the
Office of Economics and Analytics
issues a public notice announcing the
availability of the new Digital
Opportunity Data Collection platform.
Thereafter, Digital Opportunity Data
Collection filers must submit updates
within six months of completing any
new, or discontinuing existing, fixed
broadband deployments; acquiring new,
or selling existing, network facilities
that have fixed broadband connections;
or changing existing offerings that
change the data submitted on their
current Digital Opportunity Data
Collection filing. Entities that become
subject to the provisions of this subpart
for the first time after the initial filing
deadline shall file their initial reports
within six months after they become
eligible and shall report data for that
initial period. All eligible entities must
file a certification once per year on or
before June 30th that as of December
31st of the previous year all of the filers’
data continues to be accurate, subject to
any updates made by the filer through
June 30th of that calendar year.
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§ 54.1402
reports.
Scope and content of filed
(a)(1) Definitions. The definitions in
§ 1.7001(a) of this chapter apply to
terms used in this subpart.
(2) Fixed broadband connection. A
broadband connection that cannot be
used to provide a mobile service (as
defined in 47 U.S.C. 153(33)) and does
not terminate to mobile stations (as
defined in 47 U.S.C. 153(34)).
(b) All facilities-based providers of
fixed broadband connections shall file
with USAC, pursuant to the timetable in
§ 54.1401 of this subpart, a completed
filing as part of the Digital Opportunity
Data Collection in accordance with the
rules of the Commission and the
instructions to the Digital Opportunity
Data Collection.
(c) All filers in the Digital
Opportunity Data Collection shall
include in each report a certification
signed by an appropriate official of the
filer (as specified in the Digital
Opportunity Data Collection’s
instructions) and shall report the title of
their certifying official.
(d)(1) All data contained in Digital
Opportunity Data Collection filings will
be routinely available for public
disclosure, except for emergency
operations contact information and
other information that should not be
routinely available for public inspection
pursuant to § 0.457 of this chapter.
(2) Filers seeking confidential
treatment of any data contained in the
Digital Opportunity Data Collection
must submit a request that the data be
treated as confidential with the
submission of their filing, along with
their reasons for withholding the
information from the public, pursuant to
§ 0.459 of this chapter.
(3) The Commission shall make all
decisions regarding non-disclosure of
confidential information.
(e) Filers shall file a revised version
of their Digital Opportunity Data
Collection filing if they discover a
significant reporting error in their data.
(f) Failure to file in the Digital
Opportunity Data Collection in
accordance with the Commission’s rules
and the instructions to the Digital
Opportunity Data Collection may lead to
enforcement action pursuant to the Act
and any other applicable law.
§ 54.1403 Authority to update the Digital
Opportunity Data Collection.
The Office of Economics and
Analytics, in consultation with the
Wireline Competition Bureau, the
Wireless Telecommunications Bureau,
and the International Bureau, may
update the fixed broadband
technologies reported in the Digital
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Jkt 247001
Opportunity Data Collection as
necessary to reflect changes over time in
technology, and the Office may
implement any technical improvements,
changes to the format and type of data
submitted, or other clarifications to the
Digital Opportunity Data Collection and
its instructions.
[FR Doc. 2019–18063 Filed 8–21–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004518–3398–01]
RIN 0648–XG974
Reef Fish Fishery of the Gulf of
Mexico; 2019 Commercial
Accountability Measures; Annual
Catch Limit & Annual Catch Target
Reductions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
SUMMARY: Through this temporary rule,
NMFS implements accountability
measures (AMs) for the gray triggerfish
commercial sector in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf) for the 2019 fishing year.
NMFS has determined that the 2018
commercial annual catch limit (ACL) for
Gulf gray triggerfish was exceeded.
Therefore, NMFS reduces the ACL and
annual catch target (ACT) for the
commercial sector for Gulf gray
triggerfish on August 24, 2019, and
these reductions will remain in effect
through the end of the fishing year on
December 31, 2019. These reductions
are necessary to protect the Gulf gray
triggerfish resource.
DATES: This temporary rule is effective
from 12:01 a.m., local time, on August
24, 2019, until 12:01 a.m., local time, on
January 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: kelli.odonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Gulf reef fish fishery,
which includes gray triggerfish, under
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP). The FMP was prepared
by the Gulf of Mexico Fishery
Management Council (Council) and is
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43725
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All gray
triggerfish weights discussed in this
temporary rule are in round weight.
The commercial ACL for Gulf gray
triggerfish is 64,100 lb (29,075 kg) (50
CFR 622.41(b)(1)), and the commercial
ACT (quota) is 60,900 lb (27,624 kg) (50
CFR 622.39(a)(1)(vi)). The regulations at
50 CFR 622.41(b)(1) require an overage
of the commercial ACL be subtracted
from the following year’s ACL and ACT.
Landings of gray triggerfish for the
commercial sector in 2018 totaled
64,702 lb (29,348 kg); 602 lb (273 kg),
which is 602 lb greater than the 2018
ACL of 64,100 lb (29,075 kg).
Accordingly, this temporary rule
reduces both the ACL and ACT for the
commercial sector for Gulf gray
triggerfish by the overage amount of 602
lb (273 kg). The revised commercial
ACT (commercial quota) for gray
triggerfish is 60,298 lb (27,351 kg), and
the revised commercial ACL for gray
triggerfish is 63,498 lb (28,802 kg). Both
reductions in the ACL and ACT for the
commercial sector for gray triggerfish
are effective at 12:01 a.m., local time, on
August 24, 2019, and they will remain
in effect through the end of the fishing
year on December 31, 2019.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of Gulf
gray triggerfish and is consistent with
the Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.41(b)(1) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
reduce the commercial ACL and ACT
for gray triggerfish constitutes good
cause to waive the requirements to
provide prior notice and opportunity for
public comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule establishing the ACL and ACT
revision provisions was subject to notice
E:\FR\FM\22AUR1.SGM
22AUR1
Agencies
[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43705-43725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18063]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 43, and 54
[WC Docket Nos. 11-10 and 19-195, FCC No. 19-79]
Establishing the Digital Opportunity Data Collection and
Modernizing the FCC Form 477 Data Program
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
[[Page 43706]]
(Commission) adopts the Digital Opportunity Data Collection, which
requires all fixed broadband providers to submit granular maps of the
areas where they have broadband-capable networks and make service
available. To complement this granular broadband availability data, the
Report and Order also adopts a process to begin collecting public
input, sometimes known as ``crowdsourcing,'' on the accuracy of fixed
providers' broadband deployment data. In addition, the Report and Order
leaves in place for now the existing Form 477 data collection, but
makes targeted changes to reduce reporting burdens for all providers by
removing and clarifying certain requirements and modifying the
collection.
DATES: Effective September 23, 2019, except for paragraphs 44 through
51 and 57 through 65 of the Report and Order and the addition of 47 CFR
54.1401 and 54.1402(b) and (c), (d)(2), and (e), which are delayed. The
Commission will publish a document in the Federal Register announcing
the delayed effective date
FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, Kirk
Burgee, at (202) 418-1599, [email protected], or, Wireless
Telecommunications Bureau, Garnet Hanly, at (202) 418-0995,
[email protected]. For additional information concerning the
Paperwork Reduction Act information collection requirements contained
in this document, send an email to [email protected] or contact Nicole Ongele
at (202) 418-2991.
SUPPLEMENTARY INFORMATION: This is a summary of the Report and Order as
part of the Commission's Report and Order and Second Further Notice of
Proposed Rulemaking in WC Docket Nos. 11-10 and 19-195, FCC 19-79,
adopted August 1, 2019 and released August 6, 2019. The full text of
this document is available for public inspection during regular
business hours in the FCC Reference Information Center, Portals II, 445
12th Street SW, Room CY-A257, Washington, DC 20554. It also is
available on the Commission's website at https://www.fcc.gov/document/fcc-improves-broadband-mapping-0. This document contains new and
modified information collection requirements. The Commission, as part
of its continuing effort to reduce paperwork burdens, will invite the
general public to comment on the information collection requirements
contained herein as required by the Paperwork Reduction Act of 1995,
Public Law 104-13. The effective date for paragraphs 44 through 51 and
57 through 65 of the Report and Order and the addition of 47 CFR
54.1401 and 54.1402(b) and (c), (d)(2), and (e), will be effective 30
days after the announcement in the Federal Register of Office of
Management and Budget (OMB) approval of information collection
requirements modified in the Report and Order and the effective date
for the CFR additions.
Synopsis
I. Introduction
1. Accurate broadband deployment data is critical to the
Commission's efforts to bridge the digital divide. Effectively
targeting federal and state spending efforts to bring broadband to
those areas most in need of it means understanding where broadband is
available and where it is not. The census-block level fixed broadband
service availability reporting the Commission currently requires has
been an effective tool for helping the Commission target universal
service support to the least-served areas of the country, but has made
it difficult for the Commission to direct funding to the ``gaps'' in
broadband coverage--those areas where some, but not all, homes and
businesses have access to modern communications services.
2. We therefore initiate a new data collection, the Digital
Opportunity Data Collection, that is distinct from the existing Form
477 collection and that will gather geospatial broadband service
availability data specifically targeted toward advancing our universal
service goals. Pursuant to the Digital Opportunity Data Collection, we
require all broadband service providers to submit granular maps of the
areas where they have broadband-capable networks and make service
available. Given the Commission's ongoing investigation into the
coverage maps of one or more major mobile operators, we limit the new
data collection obligations to fixed broadband providers at present and
seek comment on how best to incorporate mobile wireless coverage data
into the Digital Opportunity Data Collection.
3. Service providers--who are uniquely situated to know where their
own networks are deployed--must determine in the first instance the
availability of broadband in their service areas, taking into account
their individual circumstances and their on-the-ground knowledge and
experience. At the same time, to complement this granular broadband
availability data, we adopt a process to begin collecting public input,
sometimes known as ``crowdsourcing,'' on the accuracy of service
providers' broadband deployment data. Through this new tool, State,
local, and Tribal governmental entities and members of the public will
be able to submit fixed broadband availability data, leveraging their
experience concerning service availability. In addition, because we
leave in place for now the existing Form 477 data collection, we make
targeted changes to reduce reporting burdens for all providers by
removing and clarifying certain requirements and modifying the
collection.
II. Background
5. First established in 2000, the Commission's Form 477 began as a
collection of subscription and connection data for local telephone and
broadband services that helped the Commission to, among other things,
meet statutory annual reporting obligations and monitor local voice
competition. Over time, the Form 477 data collection has evolved into
the primary data source for many Commission actions, including
reporting to Congress and the public about the availability of
broadband services, informing transaction reviews, and supporting our
universal service policies. At the same time, it has become
increasingly clear that the fixed and mobile broadband deployment data
collected on the Form 477 are not sufficient to understanding where
universal service support should be targeted and supporting the
imperative of our broadband-deployment policy goals.
6. For purposes of broadband deployment reporting, the Commission
currently requires fixed providers to report the census blocks in which
their broadband service is available. Fixed broadband connections are
available in a census block ``if the provider does, or could, within a
service interval that is typical for that kind of connection--that is,
without an extraordinary commitment of resources--provision two-way
data transmission to and from the internet with advertised speeds
exceeding 200 kbps in at least one direction to end-user premises in
the census block.'' However, census-block based fixed deployment data
have limitations--providers report whether or not fixed broadband
service is available in at least some part of each census block, but
not whether there is availability at all areas within a block.
7. Providers of fixed voice and broadband service report on their
end-user subscriptions by submitting the total number of connections in
each census tract in which they provide service. Providers of mobile
voice and broadband service report their total
[[Page 43707]]
subscribers for each state in which they provide service to customers.
Facilities-based providers of mobile broadband service report on
deployment by submitting, for each technology and frequency band
employed, polygons in geographic information system (GIS) mapping files
that digitally represent the geographic areas in which a customer could
expect to receive the minimum speed the service provider advertises for
that area. In addition, mobile service providers must report the census
tracts in which their service is advertised and available to potential
customers.
8. In establishing the Form 477 as its primary vehicle for
collecting information about the deployment of broadband services, the
Commission predicted that the data from the Form 477 would ``materially
improve'' its ability to develop, evaluate, and revise broadband
policy, as well as provide valuable benchmarks for Congress, the
Commission, other policymakers, and consumers. In its comments in this
proceeding, the National Telecommunications and Information
Administration (NTIA) states that its analysts ``routinely refer to the
Commission's Form 477 data, including both deployment and subscription
data, to help inform policymakers and enhance [its] technical support
of broadband infrastructure investment.'' The Commission has used
aggregate broadband data reported by providers on Form 477 to, among
other things: (1) Meet our statutory obligation to annually report on
the state of broadband availability; (2) update our universal service
policies and monitor whether our universal service goals are being
achieved in a cost-effective manner; (3) meet our public safety
obligations; and (4) maintain coverage maps to inform stakeholders,
including industry and the public.
9. In an effort to collect and develop better quality, more useful,
and more granular broadband deployment data, the Commission adopted the
2017 Data Collection Improvement FNPRM in August 2017. In the 2017 Data
Collection Improvement FNPRM, the Commission sought comment on: (1)
Ways in which the Commission might increase the quality and accuracy of
the broadband information we collect; and (2) ways in which the
Commission might streamline its broadband reporting requirements and
thereby reduce the burdens on filers. The Commission also noted that
one of its primary objectives is to ensure that the data collected will
be closely aligned with the uses to which they will be put, and sought
comment on those uses to inform our analysis. In response, we received
a voluminous amount of comments, reply comments, and ex parte
presentations with specific recommendations on how best to improve our
broadband reporting process.
III. Report and Order
10. As the record in this proceeding amply demonstrates, there is a
compelling and immediate need to develop granular, high-quality fixed
broadband deployment data to improve our ability to target support from
our Universal Service Fund (USF) programs. It has become increasingly
clear that the fixed and mobile broadband deployment data collected on
the Form 477 are not sufficient to support the specific imperative of
our USF policy goals. We conclude that in order to continue to advance
our statutory universal service obligations, it is necessary to create
a new data collection, calculated to produce broadband deployment maps
that will allow the Commission to precisely target scarce universal
service dollars to where broadband service is lacking. In the 2017 Data
Collection Improvement FNPRM, the Commission sought comment on
requiring more granularity in fixed broadband deployment data, noting
that it collected location-level data from recipients of USF funding to
assess whether they are meeting their buildout requirements, and that
this more granular data had been ``extremely useful'' in understanding
issues surrounding fixed broadband deployment in these contexts. We
find that establishing a new collection requiring fixed providers to
submit maps of the areas in which their service is available is the
best way to meet those needs expeditiously.
11. We therefore direct the Universal Service Administrative
Company (USAC), under the oversight of the Commission's Office of
Economics and Analytics (OEA), the Wireline Competition Bureau (WCB),
Wireless Telecommunications Bureau (WTB), and the International Bureau
(IB), to develop a new portal to accept broadband coverage maps
(polygons) from fixed providers, as well as public feedback on the
accuracy of these broadband maps. For the time being, we leave the
current Form 477 in place, subject to several modifications that
eliminate collection of unnecessary data, and seek comment on whether
we should sunset some or all of the Form 477 deployment collection. We
believe the Form 477 deployment data will continue to be a useful
reference point for its existing purposes as well as in relation to the
new Digital Opportunity Data Collection. Accordingly, we generally
preserve the Form 477 instructions for submitting fixed broadband
deployment data, except as may be required to implement the
streamlining and other changes set forth below.
A. Establishing Granular Maps of Fixed Broadband Service Availability
12. We require all fixed providers to submit broadband coverage
polygons depicting the areas where they actually have broadband-capable
networks and make fixed broadband service available to end-user
locations. The filings must reflect the maximum download and upload
speeds actually made available in each area, the technology used to
provide the service, and a differentiation between residential-only,
business-only, or residential-and-business broadband services. Fixed
providers in the new collection must submit a broadband coverage
polygon for each combination of download speed, upload speed, and
technology. Where fixed providers offer different maximum speeds to
residential and business customers, even if using the same network
facilities, they must file separate polygons. Where the offered speed
varies by location or distance from network facilities, fixed providers
must submit separate polygons to reflect those differing maximum
offered speeds.
13. For purposes of the Digital Opportunity Data Collection,
service is actually available in an area if the reporting fixed
provider has a current broadband connection or it could provide such a
connection within ten business days of a customer request, without an
extraordinary commitment of resources, and without construction charges
or fees exceeding an ordinary service activation fee. The filer must be
able to establish a connection within this timeframe to every end-user
location contained in the reported broadband coverage polygon. Under
this standard, a fixed provider must have fiber or cable in place
proximate, if not connected, to the locations within its reported
polygons--for example, we expect a residence would be included only if
the utility pole or conduit on the right of way adjacent to the
residence is already wired and awaiting just a drop cable; additional
buildout of the network would represent an extraordinary commitment of
resources. A fixed wireless provider must have already installed enough
base stations to cover and meet reasonably anticipated customer
capacity demands; the installation of an additional base
[[Page 43708]]
station, for example, would constitute an extraordinary commitment of
resources. Fixed broadband services are not actually available for
purposes of the Digital Opportunity Data Collection in any area where
the filer does not meet this standard.
14. Although we agree with commenters that it would be ideal for
providers to have more precise technical standards to follow in
determining whether fixed broadband is available in an area (for
example, defining availability based on specific proximity to network
facilities), we find insufficient evidence currently in the record to
prescribe such technical standards. Without additional information, we
risk setting under- and over-inclusive technical standards, likely to
result in the drawing of less accurate maps. We therefore seek comment
in the Second Further Notice of Proposed Rulemaking (Second FNPRM) in
this item about what standards fixed providers should use to establish
the broadband coverage polygons.
15. We direct OEA to oversee USAC in developing the new online
portal and the filing processes that will enable fixed providers to
submit broadband coverage polygons. We also direct OEA, in consultation
with WCB, IB, WTB, and USAC, to carry out the implementation details of
the new collection including (but not limited to): (1) Publishing
complete instructions for filing data and issuing an order, based on
the record received in response to the Second FNPRM, that designates
the precise specifications for the broadband coverage polygons, subject
to the constraints laid out herein; (2) modifying (as needed) the list
of fixed-broadband technologies that should be reported in the new
collection; and (3) defining the GIS compatible file format(s) in which
fixed providers will be required to submit their polygons, taking into
account any potential burdens on filers.
16. This new data collection will take effect after the release of
the order designating the specifications for the coverage polygons, and
after OEA issues a public notice announcing the availability of the new
collection platform and the reporting deadlines. Fixed broadband
service providers must file initial service availability reports within
six months of the public notice announcing availability of the new
collection platform. Fixed providers also must submit updates within
six months of completing new broadband deployments; making changes to
(including upgrading or discontinuing) existing offerings; or otherwise
acquiring new, or selling existing, broadband-capable network
facilities that affect the data submitted on their Digital Opportunity
Data Collection filings. Service providers that become subject to
filing requirements subsequent to the initial filing deadline must file
initial service availability reports within six months of becoming so
obligated and must report data from that initial period. Failure to
timely file the new collection data may lead to enforcement action and/
or penalties as set forth in the Communications Act and other
applicable laws. In addition, fixed providers must revise their filings
any time they discover a significant reporting error in the original
broadband deployment data that they submit. An appropriate official of
each filer must include with any filing a certification that the
filer's service availability data is true and accurate to the best of
the certifying official's knowledge and must report the title of the
certifying official. Filers must additionally certify on or before June
30 of each calendar year that as of December 31 of the previous year,
all of the filer's service availability data continues to be accurate,
taking into account the filer's data that has been updated during the
calendar year.
17. In order to ensure an accurate and detailed picture of
broadband deployment, we require all fixed providers to make the
required Digital Opportunity Data Collection filings, although we
direct WCB, in coordination with OEA, WTB, and IB, to determine whether
any category of very small fixed providers (e.g., those with less than
250 subscribers and who are not eligible telecommunications carriers
(ETCs) under the USF program) should have additional time in filing
their initial reports. We note that any service provider must
nevertheless timely file in order to be eligible to participate in any
USF program and those that fail to file in a timely manner risk their
service areas being deemed unserved in future USF decisions.
18. Incorporating Public Input into Broadband Coverage Maps.
Collecting broadband coverage polygons will allow fixed providers to
apply their expertise concerning their networks and service areas to
define their service coverages in the first instance. However, input
from the people who live and work in the areas that a service provider
purports to serve also plays a vital role in ensuring the quality of
these maps, helping to identify areas where the data submitted do not
align with the reality on the ground. We therefore direct OEA to work
with USAC to create an online portal for local, state, and Tribal
governmental entities and members of the public to review and dispute
the broadband coverage polygons filed by fixed providers under the new
collection. This input will identify locations where a member of the
public or a governmental entity indicates that the fixed provider is
not able to provision broadband service despite the location being
within a broadband coverage polygon. We also seek comment in the Second
FNPRM about the types of data to be collected through this portal, how
to treat crowdsourced data, and the procedures that fixed providers
should follow if their broadband coverage polygons are disputed.
19. We believe that public input on fixed broadband service
coverage will be most effective if some types of data collected in this
process are routinely made available to the public. We therefore direct
USAC to make public the information about the location that is the
subject of the dispute--including the street address and/or coordinates
(latitude and longitude) provided by the complainant, along with the
name of the service provider(s) and any relevant details concerning the
basis for challenging the reported fixed broadband coverage.
20. We direct USAC to make the crowdsourced data publicly available
as soon as is practical after submission and direct OEA to work with
USAC to establish an appropriate method for doing so. We do not specify
a timeline for making such data publicly available but expect that
there will be regular releases of crowdsourcing data. We direct USAC
not to make publicly available private information submitted with the
challenges. USAC may share such information (for example with the fixed
provider about whom the dispute is being made) only to the extent it
will be helpful to improve the quality of fixed broadband data
reporting. We also direct USAC to develop mechanisms in the new
platform to prevent malicious or unreliable filings, including
automated mass filings.
21. Benefits of Reporting Service Availability Maps Clearly
Outweigh the Filing Burdens on Fixed Providers. In establishing the
Digital Opportunity Data Collection, we are cognizant of the need to
ensure that the benefits resulting from use of the data outweigh the
reporting burdens imposed on filers. We agree with commenters who
contend that broadband coverage polygons will allow more granular
analysis than the census-block data currently collected in the Form
477--and will do so with reasonable costs and burdens on fixed
providers. We find that the approach we adopt, in which
[[Page 43709]]
fixed providers will create broadband coverage polygons that depict
their actual service areas, would, as NCTA asserts, ``be a significant
improvement over census-block reporting because unserved areas within
served census blocks would no longer be counted as served.'' In turn,
more granular data about areas where broadband is available will enable
us to target unserved locations more precisely, especially in many
rural areas that continue to lack broadband service.
22. For now, we continue to maintain the collection of fixed
broadband deployment data on Form 477 in census-block format. While
there will be additional reporting burdens for fixed providers to
supply broadband deployment data as part of the new collection and
through the Form 477, this approach will ensure that we have continuous
access to consistent broadband deployment data for the purposes for
which we require it. Given that service providers are already
accustomed to submitting census-block level data, and the census-block
data is much less detailed than their Digital Opportunity Data
Collection filings will be, the burden of continuing to also file
census-block level data will be minimal.
23. We find that any additional burdens imposed by our new
reporting approach will be relatively light for fixed providers in
comparison to the significant benefit to be gained from more precise
broadband deployment data. As an initial matter, many fixed providers
already are familiar with the use of geospatial data because of its use
in other contexts by the Commission and other federal and state
agencies, thus making the transition reasonably simple. As Connected
Nation notes, some fixed providers already have either internal GIS
capabilities or have vendor relationships for the production of GIS
files. In addition, Connected Nation suggests several online resources
that can help fixed providers ``create their own polygons of service
availability, such as ESRI's ArcGIS software.'' Connected Nation
expresses concern, however, that small service providers will struggle
to comply with the new polygon-based reporting requirements unless they
get some assistance in the generation of accurate broadband coverage
polygons. To lessen the burdens on all fixed providers, we direct OEA
to oversee USAC in making service-desk help available, as well as
providing clear instructions on the form for the new collection, to aid
filers in preparing their broadband coverage polygons. We disagree with
commenters, such as the Broadband Mapping Coalition, who contend that a
map-based approach is a burdensome and insufficient fix to the problem
of fixed broadband mapping. We also disagree with Alexicon, which
argues that small fixed providers be allowed to report broadband
deployment subject to a certain margin of error. Although we recognize
the burdens imposed on small fixed providers (and all fixed providers)
as a result of the Digital Opportunity Data Collection, we find that
such burdens are outweighed by the need for more granular and precise
fixed broadband deployment data--especially in rural areas where
smaller providers are more likely to be providing service.
24. With regard to the benefits to be realized from the new
collection, we find that the adoption of polygon-based reporting will
enable crowdsourcing and similar approaches to act as a check on the
deployment data submitted by fixed providers, which is not possible
with census-block reporting. Rather than listing the census blocks
where a fixed provider's broadband service is available, broadband
coverage polygons will show the actual service areas covered by fixed
broadband providers. This, in turn, will result in more precise
information about where fixed broadband is available. The use of
crowdsourcing to verify the polygon coverage areas submitted by fixed
providers will further improve the validity of broadband deployment
data.
25. Another critical benefit of transitioning to a polygon-based
reporting format is the speed in which such a solution can be
implemented. We are mindful of concerns voiced by commenters such as
USTelecom that without a database of broadband-addressable locations
(which USTelecom terms a ``Broadband Serviceable Location Fabric''),
broadband coverage polygons provide no information on how many, and
which, specific locations in the service area do not actually have
service available. However, we disagree with the Broadband Mapping
Coalition that the submission of coverage polygons should wait until
after a process has been established to identify and geolocate all of
the broadband serviceable locations that exist in a given area.
Instead, we agree with commenters, such as Connected Nation, that GIS
data such as polygons will ``provide significant granularity without
the need to first create an underlying dataset of structures/locations
with which the data can be paired.''
26. We agree with commenters who argue that timing is crucial in
getting more granular fixed broadband deployment data. We also agree
that the mandatory collection of broadband coverage polygons best
achieves the objectives of greater granularity in fixed broadband
reporting within the shortest timeframe. As Connected Nation states,
``implementing a system based on shapefile reporting would most likely
result in the creation of a new more granular National Broadband Map in
the shortest amount of time so that Federal agencies can more quickly
utilize the map to guide funding decisions and support broadband
buildout to the places that still desperately need it.'' We find that
collecting broadband coverage polygons offers the best approach to more
granular broadband deployment data, and that we have an opportunity to
move forward quickly to significantly improve the data collection in
the near term.
27. Public Availability of Service Availability Data. We agree with
NTIA that the Commission should release broadband deployment datasets
with more public information, particularly ``with tables, charts and
maps, granular visualization tools for both localized areas and
specific technologies, and other mechanisms that summarize the
information.'' To better allow for crowdsourcing, mapping, and other
uses of fixed broadband deployment data, all service provider
information filed as part of the Digital Opportunity Data Collection
will be presumed to be non-confidential unless the Commission
specifically directs that it be withheld. Filers seeking confidential
treatment of data submitted as part of the new collection must submit a
request that the data be treated as confidential, along with the
reasons for withholding the information from the public. The Commission
will make decisions regarding non-disclosure of confidential
information. We find that this approach strikes an appropriate balance
between the protection of confidential information and the need for
public disclosure of fixed broadband deployment data to help with
crucial crowdsourcing functionality and mapping capabilities.
28. USAC Verification of Broadband Coverage Maps. In addition to
incorporating feedback from state, local, and Tribal governmental
entities, along with the public, we conclude that we must also take
steps to independently verify coverage data submitted by service
providers. As part of its Connect America Fund (CAF) responsibility,
USAC maintains the High Cost Universal Broadband (HUBB) portal. CAF
support recipients report through the HUBB portal latitude and
longitude coordinates, address, deployment date, speed, and number of
units for every location where service is available. This
[[Page 43710]]
information forms the foundation for the Connect America Fund Broadband
Map. We direct USAC to integrate the geolocation data contained in the
HUBB with the broadband coverage polygons submitted pursuant to the
Digital Opportunity Data Collection. Doing so will benefit our overall
understanding of how high-cost support dollars are used in conjunction
with overall broadband deployment and will aid the data collection
verification effort.
29. In the CAF context, USAC performs real-time validation of the
CAF data submitted to the HUBB through a series of automated checks of
the information (e.g., that the latitude/longitude falls within an
eligible area and that the location is not a duplicate of one already
submitted). The HUBB also provides USAC the platform to conduct
verification reviews to ``substantiate broadband deployment and confirm
that carriers are in fact building out service that meets the FCC's
minimum performance standards to the locations reported.'' Many
elements of the process USAC uses for the CAF could potentially be used
for verifying broadband deployment data as part of the Digital
Opportunity Data Collection. We therefore direct USAC to propose and
submit a plan to OEA for independently verifying the fixed broadband
coverage polygons filed pursuant to the Digital Opportunity Data
Collection. The verification process it proposes to use could parallel
how USAC currently verifies deployment data submitted by CAF support
recipients in the HUBB. USAC should propose other appropriate means of
verifying the accuracy of filers' broadband coverage polygons,
including site visits.
30. Incorporating Location-Specific Data into the Digital
Opportunity Database. We note that our decision to require broadband
coverage area maps does not preclude the use of location-specific
coverage data in the future. We agree with USTelecom and NTCA that we
``should not adopt an `either/or' approach to improvements to data
collection, but should both adopt shapefiles as a reporting methodology
and move forward towards a uniform national dataset on top of which
carriers can report broadband availability (via shapefile or other
potential methods).'' As a result, we intend to pursue a multi-faceted
approach that also incorporates location-specific data into the Digital
Opportunity Data Collection, informed by input received in response to
the Second FNPRM on the best way to implement such an approach. We
agree with NTCA that the submission of broadband coverage polygons
``would certainly improve granularity in the near-term . . . but
another significant benefit is the prospect of integrating this
approach seamlessly with broader, longer-term efforts to identify
availability or lack thereof on a location basis.'' Location-based
proposals such as the one put forth by the Broadband Mapping Coalition
are ``designed to produce the most accurate, precise data available,
and be a flexible, long-term solution'' to the problem of fixed
broadband deployment accuracy and granularity.
31. While we intend to pursue development of a location-specific
database, we will not delay implementation of the new data collection
while we make a determination of how best to incorporate location-
specific data. We agree with commenters like ACA who argue that
location-specific reporting will impose substantial costs and
complexity on fixed broadband providers, especially smaller providers,
and will take significant time to complete. As a result, we find it is
prudent to take this next step to improve the fixed broadband
deployment data we collect in the near term. As a means of moving the
location-based process forward as we work to establish our polygon-
based approach, we seek comment in the Second FNPRM on the best and
fastest way to implement a location-based approach to fixed broadband
deployment reporting, including whether to run such a process in
parallel, or closely aligned, with the establishment of the new online
portal for the Digital Opportunity Data Collection.
32. Alternatives Not Adopted. We decline to adopt the approach set
forth by Comcast and ACA to collect fixed broadband deployment data at
the street segment level. According to ACA, while large providers have
the capability and resources to collect broadband deployment data at a
more granular level, smaller providers will face much greater burdens
reporting deployment data with more precision. We find that a street-
level approach to fixed broadband deployment reporting has the same
problem with granularity as the current census-block approach,
especially in rural areas. Specifically, fixed providers claiming
broadband service availability on an entire street, when only part of
the street actually is served, would overstate broadband deployment
much more so than a GIS file-based approach. We also agree with WISPA
that a street-segment approach is not appropriate for fixed wireless
providers, as streets and roads do not dictate how or where fixed
wireless service is constructed, and consequently where service is
provided and where it is available. Finally, given the familiarity that
fixed providers have with GIS files, we find that is the better
approach.
33. In addition, we find that NTIA's recommendation to collect sub-
census-block level broadband deployment data only for larger census
blocks does not go far enough. While we understand NTIA's desire to
keep burdens low for filers, especially for small providers, we find
that it is crucial to determine unserved broadband areas wherever they
may be--in large, medium, or small census blocks. We do not agree with
NTIA's assertion that we should only require more granular broadband
deployment reporting in large census blocks--deployment data are
critical for all areas and will allow federal and state governments
(and providers) to determine with better particularity where broadband
funding and buildout is most needed. In fact, the data suggest that
there are likely unserved locations within even small blocks that are
reported as served on Form 477. Granular reporting for all areas also
would reduce customer confusion when attempting to determine broadband
availability on a map produced from GIS-based data.
34. We also decline to adopt Connected Nation's proposal to
establish a neutral, third-party clearinghouse for the collection of
fixed broadband deployment data. We conclude that such a clearinghouse
would be largely redundant in light of the revised framework for
collecting and reporting fixed deployment data that we adopt in this
Report and Order.
B. Improving the Existing Form 477 Data Collection
35. As USAC begins undertaking the Digital Opportunity Data
Collection, we will continue to use Form 477 for certain intended uses,
such as evaluating local telephone competition, gathering broadband
deployment and voice subscription data, and collecting certain public
safety information. However, we propose in the Second FNPRM to
transition the collection of mobile broadband-capable network
deployment data to the same USAC-administered portal created for fixed
data and seek comment on sunsetting Form 477. We maintain the
Commission's current Form 477 data collection for mobile broadband and
voice data in the interim and take several actions to reduce the burden
on service providers required to submit the form.
[[Page 43711]]
36. Publish Minimum Advertised or Expected Speed Data and Provider-
Specific Coverage Data for Mobile Broadband Services. We adopt our
proposal from the 2017 Data Collection Improvement FNPRM to no longer
treat as confidential service providers' minimum advertised or expected
speed data for mobile broadband services. After review of the record
and considering what service providers already make public on their
websites, we conclude that minimum advertised or expected speed data
filed for mobile broadband services will not be treated as confidential
and, therefore, such data will be publicly released for all subsequent
filings. Currently, the bulk of the speed data that providers file
relating to minimum advertised or expected speeds is treated as
confidential because most, if not all, providers choose to check the
non-disclosure box that is available to them on the form. This box
allows providers to claim confidential treatment for what is otherwise
publicly available speed information. Doing so, however, unnecessarily
limits the ability of consumers and policy makers to effectively
analyze the data submitted.
37. We also conclude that provider-specific coverage data will be
publicly released for all subsequent Form 477 filings. This action is
necessary to ensure that consumers can easily use the information that
is disclosed to the public, including minimum advertised or expected
speed data, because such information is only beneficial if consumers
know where service coverage is available. Because the Commission
already makes provider-specific coverage data publicly available on its
website by publishing each provider's shapefiles, filers will no longer
be permitted to request confidential treatment for such information
upon filing.
38. We expect that disclosing minimum advertised or expected speed
data, combined with already publicly available coverage information,
will serve the public interest by promoting a more informed,
transparent, and efficient marketplace. The dissemination of such
information will allow consumers to determine what services are offered
in specific geographic areas. It will also enable consumers to compare
competing service offerings and make informed decisions regarding
service plans and providers. In addition, it will provide consumers
with the opportunity to review the data to ensure its accuracy.
39. We are not persuaded that this coverage and speed data is
competitively sensitive. Providers routinely publish and advertise the
expected upload and download speeds they offer. Because coverage and
speed data are already publicly available, we find that such
information is not commercially sensitive, and conclude that its public
release will not cause competitive harm to service providers. Most
commenters agree that service providers often publicize this
information by including it on their websites or in their advertising
materials, which shows that they do not consider such information to be
confidential or commercially sensitive.
40. When balancing the public and private interests at stake, we
conclude that public release of these data will not result in
competitive harm and that the public interest in releasing coverage and
speed information substantially outweighs any interest that service
providers have in keeping confidential information that is already
publicly available. Accordingly, going forward we will publish
nationwide, provider-specific coverage maps depicting minimum
advertised or expected speed data.
41. Eliminating Requirement to Report Broadband Network Coverage by
Spectrum Band. Under the current Form 477 reporting framework, mobile
facilities-based providers are required to submit separate coverage
maps depicting their broadband network coverage areas for each
transmission technology and each frequency band. Eliminating this
requirement is necessary to enhance focus on aspects of the data that
are more important while decreasing burdens, so we therefore eliminate
this unnecessary requirement.
42. The Commission had hoped that collecting deployment information
by spectrum band would enable it ``to analyze deployment in different
spectrum bands,'' but that has not come to pass. We agree with
commenters that eliminating this requirement will streamline the
reporting process and reduce the number of coverage maps (and the
associated underlying data processing) that reporting entities must
submit. As Verizon notes, the Commission usually requests band-specific
information directly from licensees in the context of analyzing build-
out and license renewal representations, and does not look at the
current data collected. The burdens of submitting these data outweigh
the benefits, particularly in light of the Commission's limited use of
these data.
43. We disagree that the Commission and consumer advocates may find
it difficult to monitor providers' buildout requirements without this
information. We are also not persuaded by Institute for Local Self-
Reliance's (ILSR) unsupported argument that we should continue to
collect information that might be useful in the future. ILSR provides
no meaningful examples of how the Commission might use these data. We
also disagree with ILSR's claim that information on deployment by
spectrum band is ``essential'' to determine if mobile providers are
offering mobile broadband service of 10 Mbps download and 1 Mbps
upload. Mobile broadband service providers already separately provide
deployment data, including information on minimum advertised speeds.
Moreover, given that service providers are deploying technologies
(e.g., LTE) in multiple bands, we find this information is even less
useful today than it was in 2013 when we originally imposed this
requirement. We should not impose collection burdens based solely on
the possibility that we might use the information at some point in the
future.
44. Adding a 5G-NR Technology Code. In the 2017 Data Collection
Improvement FNPRM, the Commission sought comment on whether it should
require separate reporting of 5G mobile broadband deployment and, if
so, whether and how it should define 5G for the purposes of the Form
477 data collection. Given the industry's increasing deployment of 5G
and our goal of facilitating 5G services to consumers, we will now
require providers to report 5G technology deployments as part of their
filings. Gathering 5G deployment data for all areas of the country as
well as creating 5G deployment maps based on such data is necessary so
that consumers can understand where they can receive such services and
to help guide us for future policies on 5G technology. We find that
adding 5G technology deployments to our mobile broadband data
collection and maps--and specifically defining it for purposes of Form
477 collection--is consistent with the Commission's goal of tailoring
its policies to evolution in technologies. We therefore adopt the 5G-NR
(New Radio) technology standards developed by the 3rd Generation
Partnership Project (3GPP) with Release 15 and require providers to
submit 5G deployment data that meet the specifications of Release 15
(or any successor release that may be adopted by the Commission's
Bureaus).
45. We disagree with some commenters' claims that requiring
submission of 5G deployment data would lead to inconsistent results
based on an absence of 5G industry standards. The 3GPP 5G-NR technology
standards provide adequate guidance for filers to
[[Page 43712]]
determine which deployments meet the 5G-NR technology definition. We
reject CTIA's suggestion that providers be allowed to voluntarily
report 5G deployments. To ensure that both the Commission and consumers
have an accurate account of 5G deployments, we will make such
submissions mandatory.
46. Eliminating Outdated Technology Codes. In the 2017 Data
Collection Improvement FNPRM, the Commission sought comment on whether
to eliminate or modify the requirement that mobile broadband providers
report coverage information for each technology deployed in their
networks. Specifically, the Commission asked whether reporting entities
should provide coverage maps for four categories of technology--3G, 4G
non-LTE, 4G LTE, and 5G--rather than the nine mobile broadband
technology codes that it currently uses and, if so, how the Commission
should define these four categories. Based on our experience with data
gathered under the nine different mobile broadband technologies that
the form specifies and on commenters' support for limiting the number
of technologies, we modify the requirement to limit the required
submission to four categories of technology--``5G-NR (New Radio),''
``LTE (Long Term Evolution),'' ``CDMA-based,'' and ``GSM-based.''
47. For broadband data submissions going forward, 5G-NR reported
technology should comply with industry standards for 5G as adopted by
3GPP. Similarly, we adopt the LTE standards developed by 3GPP in
Release 8 through Release 14, and deployment reported under LTE should
be consistent with such standards. The ``CDMA-based'' category
aggregates the CDMA and EVDO/EVDO Rev A categories in the current form,
and the ``GSM-based'' category combines the GSM, WCDMA/UMTS/HSPA, and
HSPA+ categories. We will eliminate collection of deployment data under
the Analog and WiMAX categories because both technologies are no longer
in widespread use and have been decommissioned by several mobile
providers. The categories we adopt today will more meaningfully reflect
information that is useful to consumers.
48. Several commenters suggest modifications to the proposal in the
2017 Data Collection Improvement FNPRM. We reject AT&T's suggestion
that we require ``providers to file coverage maps for only three
technology categories, 3G/4G, 4G LTE and 5G.'' As some commenters
observe, modifying the requirement will fail to capture deployment of
mobile technologies that predate LTE and 5G when parts of the country
are still reliant on such technologies. To address in part the concerns
of GCI, Connected Nation, and the CPUC, we do not adopt AT&T's
proposal. Instead, we modify the proposal from the 2017 Data Collection
Improvement FNPRM to retain aggregated collection under the ``CDMA-
based'' and ``GSM-based'' categories of mobile broadband deployment
data under technologies that predate LTE and 5G-NR (with the exception
of WiMAX and Analog) because important uses remain for such data.
Aggregated collection under the ``CDMA-based'' and ``GSM-based''
categories, combined with collection of LTE and 5G-NR deployment, will
ensure that areas of the country covered by at least 3G technology and
entirely unserved areas of the country are captured, and will allow the
Commission and other policymakers to evaluate those areas most in need.
49. Given the extent of LTE deployment across the country, the
importance of capturing mobile broadband deployment data under nine
technology codes has been significantly reduced. In 2017,
``approximately 92% of the U.S. population lived in census blocks with
LTE coverage by at least four service providers,'' ``AT&T and Verizon
each provided LTE coverage to census blocks containing approximately
98% of the population, T-Mobile provided LTE coverage to approximately
96% of the population, while Sprint provided LTE coverage to
approximately 91% of the population.'' Thus, with providers' increased
reliance on LTE to provide mobile broadband across the country,
capturing mobile broadband deployment under nine technology codes has
become outdated and unnecessary. The four codes that we adopt in this
item will reduce burdens on filers while providing adequate information
for the Commission to continue to ``assess the wireless marketplace to
ensure that our spectrum and competition policies accommodate growing
demand and evolving technologies in the provision of mobile broadband
services.''
50. The new 5G-NR, LTE, CDMA-based, and GSM-based technology codes
also lessen the likelihood that filers may adopt and file under their
own definitions of technology deployments, leading to confusion and
decreasing the usefulness of the data gathered. Given that there are
industry standards for 5G technology and LTE, we find it unnecessary to
continue to require individual submissions under each of the previous
nine codes.
51. Finally, requiring deployment data to be submitted under four,
instead of nine, technology codes will ease burdens on filers who must
currently submit shapefiles for each technology. We find that the
limited usefulness and practical application of the nine technology
codes that Form 477 currently requires do not outweigh the burdens that
they generate for filers.
52. Simplifying Mobile Voice Deployment Data Collection. We
eliminate the requirement to submit mobile voice data by spectrum band
for the same reasons that we eliminate this requirement for mobile
broadband data: The Commission has yet to use this spectrum band
information in its mobile voice coverage analysis and the requirement
poses an additional burden on filers. We also streamline the technology
filing requirement to four main voice-technology categories: 5G-NR,
Voice-over-LTE (VoLTE), GSM-based, and CDMA-based. GSM-based voice
technologies include GSM or a subsequent generation of GSM, such as the
current technology codes GSM, WCDMA/UMTS/HSPA, and HSPA+. CDMA-based
voice technologies include CDMA or a subsequent generation of CDMA,
such as the current technology codes CDMA and EVDO/EVDO Rev A.
53. In filing nationwide voice-service coverage data, facilities-
based mobile voice providers are required to submit shapefiles
representing geographic coverage by technology (e.g., LTE, CDMA,
analog) and spectrum band of the service providers' voice coverage. In
the 2017 Data Collection Improvement FNPRM, the Commission, while
noting the importance of tracking where mobile voice services are
available to consumers, sought comment on how it might streamline this
collection. Specifically, the Commission asked whether it should
eliminate the submission of voice coverage by both technology and
spectrum band and whether it should continue to collect data for VoLTE
separately.
54. In the 2013 Form 477 Order, the Commission stated that voice
deployment data filed by spectrum band and technology type would (1)
enable the Commission to analyze the extent of deployment in different
spectrum bands; (2) help the Commission project market trends and
adjust its spectrum and competition policies; and (3) assist in the
Commission's efforts in the areas of emergency response and disaster
relief by identifying the providers that typically serve an affected
area. The Commission no longer finds it useful, however, to examine
voice deployment data by spectrum band for the purpose of adjusting its
spectrum and competition policies, because service providers currently
deploy voice and
[[Page 43713]]
broadband technologies across multiple bands. We also address the
Commission's need to determine which provider's networks are available
during an emergency, by retaining the requirement to submit data for
VoLTE deployment. For example, VoLTE data coverage information
demonstrates comprehensive technological compatibility among providers
and aids the Commission in identifying where networks are available
during natural disasters.
55. Multiple commenters observe that several maps must be generated
to meet this filing requirement, with little corresponding benefit. In
balancing these interests, we find that more streamlined coverage maps
depicting each provider's nationwide voice coverage area based on the
technology categories outlined above allows consumers (and the
Commission) to know where they can receive voice service from a given
provider. We agree with the argument that continuing a separate
collection for certain voice technologies is necessary because, for
instance, consumers with a GSM-only phone may not be able to complete a
call when roaming in an area where only CDMA is available. Providers
have or will soon sunset their older voice technologies, replacing them
with VoLTE networks. However, continuing to collect the voice
technology deployment data we outline in this order is necessary for
tracking where remaining legacy voice technologies are decommissioned,
to ensure that coverage gaps in mobile calling do not arise.
56. While we are streamlining the filing of voice-deployment data,
we find facilities-based mobile-voice providers should continue to
submit VoLTE-deployment data and going forward submit 5G voice
deployment data under the new 5G-NR category. These data are valuable
because they represent potential universal technical compatibility
among mobile-voice providers, which could significantly aid emergency
response and other efforts facilitated by such compatibility. For
example, VoLTE coverage could better facilitate a customer's ability to
complete a 911 call while roaming, particularly in rural areas where
other voice technologies are not available. VoLTE is not yet
ubiquitous. The filing of 5G-NR and VoLTE coverage data will allow the
Commission to monitor how these deployments fill-in and expand upon the
current voice-coverage footprint. We direct OEA, in consultation with
WCB and WTB to change which mobile voice service technology data are
collected going forward, as they evolve.
57. Collect Mobile Broadband and Voice Subscription Data at the
Census Tract Level. Facilities-based mobile-broadband and voice
providers are currently required to submit their subscriber numbers by
state. Providers must include their own prepaid and postpaid customers
in addition to those of resellers. Currently, providers are instructed
to assign a subscriber to a particular state based on the area code of
the device's phone number or ``by using some other method that best
reflects the subscriber's locations, such as billing address or place
of primary use address.''
58. To provide more granular data, the 2017 Data Collection
Improvement FNPRM proposed changing the subscribership data by
requiring service providers to submit subscriber data at the census-
tract level, attributed to the subscriber's billing address. Based on
the record and the Commission's need for more granular data, we now
require mobile providers to submit broadband and voice subscriber data
at the census-tract level based on the subscriber's place of primary
use for postpaid subscribers and based on the subscriber's telephone
number for prepaid and resold subscribers. We find that state-level
aggregation of subscription data significantly limits the data's
usefulness, and that census-tract level data would substantially
improve our ability to conduct more accurate mobile competition
analysis, particularly in secondary market transactions. For instance,
the Commission analyzes competition by Cellular Market Area to
determine the impact of removing a competitor in a proposed license
transfer. While the Commission receives subscriber data from service
providers to assess competition in relevant market areas in a pending
transaction, it does not contain information about the other
competitors in the market. Having the same census-tract level
subscribership data from all providers facilitates the Commission's
ability to conduct comparative analysis in license transfer
proceedings.
59. The Commission today relies on the telephone number-based
Number Resource Utilization/Forecast information as a proxy for filer-
submitted subscriber numbers when conducting competitive market
analyses because of shortcomings in state-level subscriber data. Number
Resource Utilization/Forecast subscriber data indicate the number of
assigned phone numbers that a service provider has in a particular rate
center, out of the 18,000 rate centers across the country. All service
providers must report to the Commission the quantity of their phone
numbers assigned to end users, which permits the Commission to
calculate the total number of mobile wireless subscribers. When a
geographical analysis is required, rate center data can be associated
with a geographic point within a county boundary.
60. Number Resource Utilization/Forecast data, however, have
limitations, like providing only the quantity of mobile wireless
connections that have a telephone number, rather than the number of
consumers subscribed to mobile broadband or voice service. If a mobile
broadband or voice subscriber uses a device that does not have a
telephone number assigned to it (e.g., a tablet), then that subscriber
will not be recorded in Number Resource Utilization/Forecast data.
These data also do not reflect when consumers move to a different state
and retain the same telephone number.
61. We find that both the Commission's need for more precise data
for competitive analyses and the limitations of Number Resource
Utilization/Forecast data outweigh industry concerns about the burden
of the collection. We believe that filer-supplied data at the census-
tract level are superior to Number Resource Utilization/Forecast data
because they are generated by the operators and based on the operator-
determined location of its subscribers. Use of Number Resource
Utilization/Forecast data require the Commission to estimate the
location of subscribers based on the rate centers associated with
telephone numbers, and this can cause problems. Mobile subscriber data
at the census-tract level provides a dataset needed for our analyses,
instead of introducing error by relying on Number Resource Utilization/
Forecast data in a manner that it was not intended to be used.
62. Census-tract level reporting of mobile subscription data
strikes the proper balance between more useful, granular data, while
reducing artificial precision that could be introduced by getting too
granular with mobile service use. Some commenters support the
requirement to file subscriber data by census block. OTI states that
census-block level data would help digital literacy programs better
target their efforts, because many households subscribing to these
programs rely on mobile broadband as their primary means of accessing
the internet. Using census tracts is consistent with our previous
finding that this level of granularity corresponds to actual locations
and can be correlated with
[[Page 43714]]
valuable demographic census data. Moreover, subscription data at the
census-tract level would be useful for analyzing competition by market
and would be more useful than rate-center based Number Resource
Utilization/Forecast data. While customers are attributed to a
particular address for their place of primary use, unlike fixed, the
mobile nature of the service inherently makes such attribution to too
small an area artificial. The census-tract level maintains the balance
of being useful for our analyses while reducing any artificial
granularity.
63. We are not convinced that the burdens on reporting entities are
so high that the Commission should continue to rely on Number Resource
Utilization/Forecast data. We disagree with commenters who contend that
we should continue to rely on Number Resource Utilization/Forecast data
as the primary source of mobile broadband connections and voice service
subscriptions. The Commission must move forward with a more accurate
mobile subscription collection to meet its goals and track
subscribership data. Nothing in the record indicates that a census-
tract collection is any more burdensome for mobile filers than for
fixed filers, whom were already required to provide subscriber data at
the census-tract level.
64. To ensure consistency among submissions, we require providers
to submit census tract postpaid subscribership data by ``place of
primary use,'' which is defined in the United States Code as ``the
street address representative of where the customer's use of the mobile
telecommunications service primarily occurs,'' and must be the ``the
residential street address or the primary business street address of
the customer'' and ``within the licensed service area of the home
service provider.'' We find, however, that we should seek further
comment on applying the place of primary use methodology to prepaid and
reseller subscribers. As explained by CTIA, many prepaid mobile
providers neither collect nor use place of primary use. Once prepaid
subscribers purchase mobile services at point-of-sale, the service
provider may not communicate with or track the subscriber. It would be
a significant change if retailers and service providers are required to
collect subscriber billing address at point-of-sale, or if providers
are required to obtain customer billing address by some other means,
such as by directly contacting the subscriber via text message or
telephone call. To ensure the Commission receives prepaid and reseller
subscriber data using a consistent methodology, we find it is necessary
on an interim basis to require providers to submit data that assigns
those subscribers to a census tract using the subscriber's telephone
number.
65. We find persuasive the concerns expressed by commenters that
the use of billing address does not reflect where subscribers primarily
use their mobile broadband and voice services. Certain subscriber
groups, such as seasonal workers, college students, business accounts,
and prepaid subscribers, could be misreported if billing address is
used to represent where they primarily use their service. The ``place
of primary use'' best addresses all of these concerns. This definition
focuses on where the service is primarily used, not billed, and allows
for inclusion of prepaid subscribers. Facilities-based mobile service
providers must also obtain and maintain this information for tax
purposes, thus decreasing the burden of collecting and storing these
subscriber data. To the extent that providers do not currently have a
system that associates a place of primary use with a census tract,
providers should obtain and keep this information in the normal course
of business going forward. While the place of primary use may not
reflect all locations that subscribers may use their service, we
believe it is the best proxy given the benefits and burdens commenters
identified.
66. Eliminating Collection of Mobile Retail Availability. We
conclude it is appropriate to no longer collect census-tract level
mobile retail availability data. The current form requires facilities-
based mobile broadband providers to submit a list of census tracts in
which the provider advertises its mobile wireless broadband service and
in which the service is available to actual and potential subscribers.
These retail availability data were used as a proxy for mobile
broadband deployment data before the Commission required submission of
such data. When the Commission began collecting deployment data, it
decided to retain the retail availability collection, on the basis that
such data are necessary to indicate where, within a service provider's
coverage area, the provider actually has a local retail presence. The
Commission concluded that collection of retail availability data would
complement the deployment data by allowing the Commission to better
understand where service is ``advertised and available'' to subscribers
within the provider's deployment footprint.
67. The 2017 Data Collection Improvement FNPRM proposed to
eliminate the collection of retail availability data, given that, as
time passed, the data did not in actuality provide useful, additional
information about where service providers have a local retail presence.
Based on the record, we now eliminate the mobile retail availability
collection. We agree with commenters that this collection creates an
additional filing burden but does not yield useful data.
68. We are not persuaded by those commenters that support retention
or improvement of the retail availability filing requirement. The
California PUC argues that we should continue collecting this
information, but does not explain how it is useful beyond what is also
collected for deployment data. The West Virginia Office of the GIS
State Coordinator states that we should revise the collection and
require providers to submit their local retail presence, which would
aid in determining how to serve consumers not located in retail service
areas. However, most (if not all) consumers can still subscribe to
service despite the lack of a retail presence in a location, if a
provider's network covers that location. We find that deployment
information, which service providers must continue to submit, is much
more useful to consumers and policymakers than retail availability
information, and accordingly we eliminate the mobile retail
availability collection.
69. Eliminating the Committed Information Rate Collection for
Fixed-Broadband Deployment. Form 477 currently requires fixed providers
offering business/enterprise/government services to report the maximum
downstream and upstream contractual or guaranteed data throughput rate
(committed information rate) available in each reported census block.
However, the record in this proceeding supports discontinuing the
collection of committed information rate data. We agree with commenters
such as Alaska Communications that committed information rate data is
``not a useful category of data'' and ``imposes significant burdens'',
and with ACA, who argues that any rationale there was to adopt the
requirement no longer exists because ``small- and medium-sized end-
users increasingly do not distinguish'' between best-efforts or
committed information rate ``as broadband service performance for best-
efforts is enhanced.'' Verizon also agrees with eliminating the
committed information rate requirement because ``relying on the maximum
upload and download speed should sufficiently describe the services
that are available to business customers in an area.'' AT&T supports
elimination and asks
[[Page 43715]]
that the Commission ``limit the collection to the maximum best efforts
speed offered, and maintain the indicators for consumer and business
data.'' Other commenters also are in agreement with eliminating the
committed information rate reporting requirement.
70. Only Windstream supports keeping the collection of committed
information rate data, arguing that such data ``enable the Commission
to evaluate trends in the competitive landscape for the provision of
Business Data Services. . . .'' Windstream, in fact, urges the
Commission not only to keep but also to expand the collection and
require reporting of the following CIR ranges at the census-block
level: (1) 10 Mbps and below; (2) 11 to 50 Mbps; (3) 51 to 100 Mbps;
(4) 101 Mbps to 1 GB; and (5) above 1GB. Windstream contends that these
data ``are crucial for the Commission to evaluate whether its
predictions prove accurate or whether different action is necessary to
ensure competitive [business data service] markets.''
71. We disagree. Specific measures of a committed information rate
are not required to evaluate the business data services market per the
competitive market test that the Commission adopted in 2017 for price
cap areas (prior to the 2017 Data Collection Improvement FNPRM) and in
2018 for certain rate-of-return areas. Accordingly, discontinuing the
committed information rate collection lacks any relationship to our
ability to ``evaluate trends in the competitive landscape for the
provision of [business data services],'' as Windstream claims. The
competitive market test depends on reported service speeds
(specifically, a minimum of 10/1 Mbps). As long as we collect service
speeds for upload and download, all the information necessary for an
analysis using the competitive market test remains available.
Therefore, we disagree with Windstream and decline to expand the
collection of committed information rate data as requested.
72. Permitting Company-Specific Fixed-Voice-Subscription Data at
the Study-Area Level for Incumbent Local Exchange Companies. In the
2017 Data Collection Improvement FNPRM, the Commission proposed to use
the Form 477 fixed voice subscription data, in conjunction with Study
Area Boundary data, to develop and publish aggregated voice line counts
for every rate-of-return carrier study area. The Commission's proposal
stemmed from the fact that, at the time, rate-of-return carriers
switching to the Alternative Connect America Cost Model and Alaska Plan
carriers were no longer required to report such data to USAC for its
legacy study area boundaries. However, in the December 2018 Rate-of-
Return Reform Order, the Commission reinstated the requirement so the
Commission can once again collect the line count information (through
FCC Form 507), thereby maintaining a frequently-used data set.
Consequently, we decline to adopt the proposal to replace the FCC Form
507 data with the Form 477 fixed voice subscription data (plus Study
Area Boundary data) because the underlying rationale for the
Commission's proposal no longer exists (i.e., the proposal is moot).
73. Non-Substantive Clarifying Rule Amendments. Finally, we adopt
amendments to clarify our rules, correct inaccurate references, and
delete superfluous text, without changing the substantive requirements.
First, we modify the rules to more clearly identify the categories of
service providers required to submit data. The Commission has required
facilities-based providers of broadband service to submit Form 477
since 2000, but the existing rules do not define the key term
``broadband.'' We remedy this gap by incorporating the form
Instructions' definition of ``broadband connection'' into the rule.
Moreover, facilities-based providers of mobile voice service have been
required to file since the form's inception; but the rules do not make
clear that mobile voice service providers can be defined as
``facilities-based providers'' or that only those that qualify as
``facilities-based'' must file. We correct these anomalies by
broadening the definition of ``facilities-based providers'' to
encompass mobile voice service providers as well as broadband
connections.
74. We also consolidate the separate rule sections that establish
Form 477 filing requirements for broadband service providers (Sections
1.7000 et seq.) and local voice service providers (Section 43.11) into
a single set of rules. It is no longer necessary to retain two separate
sets of rules regarding submission of the same form, particularly
because any given entity may provide both types of services and thus is
subject to both rules. Furthermore, we revise text in Section 1.7001(a)
that inaptly refers to facilities-based providers' rights to use
spectrum in terms of ownership rather than licensing. Instead, we use
the more precise and accurate text of the Form 477 Instructions to make
clear that fixed wireless and mobile voice and broadband service
providers are ``facilities-based,'' for these purposes, if they: (1)
Use spectrum for which they have a license; (2) manage or lease
spectrum from another licensee pursuant to our rules; or (3) operate
over unlicensed spectrum that is lawfully available for its use. We
also delete unnecessary text.
75. Finally, we direct WCB, together with IB, WTB, and OEA, to
modify Form 477 and the Instructions to the form to reflect changes in
technologies over time and to update coverage resolution, network or
transmission technologies, and related matters reported on Form 477 as
necessary.
IV. Final Regulatory Flexibility Analysis
76. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the 2017 Data Collection Improvement FNPRM released in
August 2017 in this proceeding. The Commission sought written public
comment on the proposals in the FNPRM, including comments on the IRFA.
No comments were filed specifically in response to the IRFA. One
commenter in the proceeding referenced the IRFA in its general
comments, and we address those comments below in Section B. This Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Proposed Rules
77. The Form 477 collection has evolved into the primary data
source for many Commission actions, including reporting to Congress and
the public about the availability of broadband services, informing
merger reviews, and supporting our universal service policies. With the
Report and Order, the Commission takes steps to improve the Form 477
data collection to reduce filing burdens and provide more useful
information to consumers. Specifically, we make targeted changes to
streamline the filing process and eliminate the collection of certain
information that we believe is not sufficiently useful when compared
with the burden imposed on filers in providing such information. In
addition, we make targeted changes such as clarifying parts of the
instructions and modifying the collection of certain data to aid in
more accurate broadband data and the maps based on that data to improve
the overall quality and accuracy of the data that we collect on fixed
and mobile voice and broadband service. We also streamline the nine
mobile broadband technology codes currently listed on the Form 477 down
to four categories of technology; require collection of facilities-
based mobile broadband and
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voice subscription data at the census tract level; and make publicly
available speed data that mobile broadband service providers submit on
all subsequent Form 477 filings.
78. It also has become clear to the Commission that the fixed-
broadband deployment data collected on Form 477 are no longer
sufficient to use for targeting our universal service funds. Therefore,
we direct the Universal Service Administrative Company (USAC), under
the oversight of the Commission's Office of Economics and Analytics
(OEA), the Wireline Competition Bureau (WCB), Wireless
Telecommunications Bureau (WTB), and the International Bureau (IB), to
initiate a new data collection (the Digital Opportunity Data
Collection) for fixed providers based on geospatial broadband service
availability data that represent the actual service area where fixed
broadband is available. At the same time, to complement this granular
broadband availability data, we adopt a process to have USAC begin
collecting public input, sometimes known as ``crowdsourcing,'' on the
accuracy of service providers' broadband deployment data. Through this
new tool, State, local, and Tribal governmental entities, and members
of the public, will be able to submit fixed broadband availability
data, leveraging their experience concerning service availability. We
believe these actions in the Report and Order will increase the
usefulness of fixed broadband deployment data to the Commission,
Congress, the industry, and the public.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
79. The Wireless Internet Service Providers Association (WISPA) in
its general comments to the FNPRM contends that that IRFA does not meet
the requirements of the Regulatory Flexibility Act (RFA) because the
Commission failed ``to estimate how many small broadband providers use
unlicensed spectrum.'' Section 603 of the RFA requires the Commission
to include in the IRFA ``a description of and, where feasible, an
estimate of the number of small entities to which the proposed rule
will apply.'' WISPA argues that it is feasible for the Commission to
estimate the number of small fixed wireless internet providers by using
the information from its data collection on Form 477.
80. When we prepared the IRFA in 2017, it was not feasible for us
to provide an accurate estimate of the number of small wireless
internet service providers (WISPs) that would be affected by the
proposed rule. Our action in Section III.B. of this Report and Order
clarifies that WISPs that operate over unlicensed spectrum are required
to file Form 477. We recognize the possibility that such entities might
not have filed in prior data collections because of the ambiguity in
Section 1.7001(a) of the Commission's rules. Thus, at the time, it was
not feasible for us to estimate the number of small WISPs that would be
affected by the proposed rule. However, we specifically considered the
potential impact of the proposed rule on small WISPs in the IRFA for
the 2017 Data Collection Improvement FNPRM by including such entities
in the ``Broadband Internet Access Service Providers'' category.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
81. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA) and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
82. The Chief Counsel did not file comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
83. 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 rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act.'' A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
84. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three comprehensive small entity size standards 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% of all businesses in the United States which translates to 28.8
million businesses.
85. 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 August 2016, there were approximately 356,494 small
organizations based on registration and tax data filed by nonprofits
with the Internal Revenue Service (IRS).
86. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand.'' U.S. Census Bureau data
published in 2012 indicate that there were 89,476 local governmental
jurisdictions in the United States. We estimate that, of this total, as
many as 88,761 entities may qualify as ``small governmental
jurisdictions.'' Thus, we estimate that most governmental jurisdictions
are small.
i. Broadband Internet Access Service Providers
87. The broadband internet access service provider industry has
changed since the definition was introduced in 2007. The data cited
below may therefore include entities that no longer provide broadband
internet access service and may exclude entities that now provide such
service. To ensure that this FRFA describes the universe of small
entities that our action might affect, we discuss in turn several
different types of entities that might be providing broadband internet
access service. We note that, although we have no specific information
on the number of small entities that provide broadband internet access
service over unlicensed spectrum, we included these entities in our
Initial Regulatory Flexibility Analysis.
88. Internet Service Providers (Broadband). Broadband internet
service providers include wired (e.g., cable, DSL) and VoIP service
providers using their own operated wired telecommunications
infrastructure and fall in the category of Wired Telecommunication
Carriers. Wired Telecommunications Carriers are comprised of
establishments primarily engaged in operating and/or providing access
to transmission facilities and infrastructure that they own and/or
[[Page 43717]]
lease for the transmission of voice, data, text, sound, and video using
wired telecommunications networks. Transmission facilities may be based
on a single technology or a combination of technologies. The SBA size
standard for this category classifies a business as small if it has
1,500 or fewer employees. U.S. Census data for 2012 show that there
were 3,117 firms that operated that year. Of this total, 3,083 operated
with fewer than 1,000 employees. Consequently, under this size standard
the majority of firms in this industry can be considered small.
89. Internet Service Providers (Non-Broadband). Internet access
service providers such as Dial-up internet service providers, VoIP
service providers using client-supplied telecommunications connections,
and internet service providers using client-supplied telecommunications
connections (e.g., dial-up ISPs) fall in the category of All Other
Telecommunications. The SBA has developed a small business size
standard for All Other Telecommunications, which consists of all such
firms with gross annual receipts of $32.5 million or less. For this
category, U.S. Census data for 2012 shows that there were 1,442 firms
that operated for the entire year. Of these firms, a total of 1,400 had
gross annual receipts of less than $25 million. Consequently, under
this size standard a majority of ``All Other Telecommunications'' firms
can be considered small.
2. Wireline Providers
90. Wired Telecommunications Carriers. The U.S. Census Bureau
defines this industry as ``establishments primarily engaged in
operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired communications
networks. Transmission facilities may be based on a single technology
or a combination of technologies. Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services, wired (cable) audio and video programming
distribution, and wired broadband internet services. By exception,
establishments providing satellite television distribution services
using facilities and infrastructure that they operate are included in
this industry.'' The SBA has developed a small business size standard
for Wired Telecommunications Carriers, which consists of all such
companies having 1,500 or fewer employees. U.S. Census Bureau data for
2012 show that there were 3,117 firms that operated that year. Of this
total, 3,083 operated with fewer than 1,000 employees. Thus, under this
size standard, the majority of firms in this industry can be considered
small.
91. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses specifically
applicable to local exchange services. The closest applicable NAICS
Code category is Wired Telecommunications Carriers. Under the
applicable SBA size standard, such a business is small if it has 1,500
or fewer employees. According to Commission data, U.S. Census data for
2012 show that there were 3,117 firms that operated that year. Of this
total, 3,083 operated with fewer than 1,000 employees. Thus under this
category and the associated size standard, the Commission estimates
that the majority of local exchange carriers are small entities.
92. Incumbent Local Exchange Carriers (Incumbent LECs). Neither the
Commission nor the SBA has developed a small business size standard
specifically for incumbent local exchange services. The closest
applicable NAICS Code category is Wired Telecommunications Carriers.
Under the applicable SBA size standard, such a business is small if it
has 1,500 or fewer employees. According to U.S. Census Bureau data for
2012, 3,117 firms operated in that year. Of this total, 3,083 operated
with fewer than 1,000 employees. Consequently, the Commission estimates
that most providers of incumbent local exchange service are small
businesses that may be affected by our actions. According to Commission
data, 1,307 Incumbent LECs reported that they were incumbent local
exchange service providers. Of this total, an estimated 1,006 have
1,500 or fewer employees. Thus, using the SBA's size standard, the
majority of Incumbent LECs can be considered small entities.
93. Competitive Local Exchange Carriers (Competitive LECs),
Competitive Access Providers (CAPs), Shared-Tenant Service Providers,
and Other Local Service Providers. Neither the Commission nor the SBA
has developed a small business size standard specifically for these
service providers. The appropriate NAICS Code category is Wired
Telecommunications Carriers and under that size standard, such a
business is small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2012 indicate that 3,117 firms operated during that
year. Of that number, 3,083 operated with fewer than 1,000 employees.
Based on these data, the Commission concludes that the majority of
Competitive LECS, CAPs, Shared-Tenant Service Providers, and Other
Local Service Providers, are small entities. According to Commission
data, 1,442 carriers reported that they were engaged in the provision
of either competitive local exchange services or competitive access
provider services. Of these 1,442 carriers, an estimated 1,256 have
1,500 or fewer employees. In addition, 17 carriers have reported that
they are Shared-Tenant Service Providers, and all 17 are estimated to
have 1,500 or fewer employees. Also, 72 carriers have reported that
they are Other Local Service Providers. Of this total, 70 have 1,500 or
fewer employees. Consequently, based on internally researched FCC data,
the Commission estimates that most providers of competitive local
exchange service, competitive access providers, Shared-Tenant Service
Providers, and Other Local Service Providers are small entities.
94. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA has developed a definition for Interexchange Carriers. The closest
NAICS Code category is Wired Telecommunications Carriers. The
applicable size standard under SBA rules consists of all such companies
having 1,500 or fewer employees. U.S. Census Bureau data for 2012
indicate that 3,117 firms operated during that year. Of that number,
3,083 operated with fewer than 1,000 employees. According to internally
developed Commission data, 359 companies reported that their primary
telecommunications service activity was the provision of interexchange
services. Of this total, an estimated 317 have 1,500 or fewer
employees. Consequently, the Commission estimates that the majority of
interexchange service providers are small entities.
95. Operator Service Providers (OSPs). Neither the Commission nor
the SBA has developed a small business size standard specifically for
operator service providers. The closest applicable size standard under
SBA rules is the category of Wired Telecommunications Carriers. Under
the size standard for Wired Telecommunications Carriers, such a
business is small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2012 show that there were 3,117 firms that operated
that year. Of this total, 3,083 operated with fewer than 1,000
employees. Thus, under this size standard, the majority of firms in
this industry can be considered small.
[[Page 43718]]
96. According to Commission data, 33 carriers have reported that
they are engaged in the provision of operator services. Of these, an
estimated 31 have 1,500 or fewer employees and two have more than 1,500
employees. Consequently, the Commission estimates that the majority of
OSPs are small entities.
97. Other Toll Carriers. Neither the Commission nor the SBA has
developed a definition for small businesses specifically applicable to
Other Toll Carriers. This category includes toll carriers that do not
fall within the categories of interexchange carriers, operator service
providers, prepaid calling card providers, satellite service carriers,
or toll resellers. The closest applicable size standard under SBA rules
is for Wired Telecommunications Carriers and the applicable small
business size standard under SBA rules consists of all such companies
having 1,500 or fewer employees. U.S. Census data for 2012 indicate
that 3,117 firms operated during that year. Of that number, 3,083
operated with fewer than 1,000 employees. According to Commission data,
284 companies reported that their primary telecommunications service
activity was the provision of other toll carriage. Of these, an
estimated 279 have 1,500 or fewer employees. Consequently, the
Commission estimates that most Other Toll Carriers are small entities.
3. Wireless Providers--Fixed and Mobile
98. The broadband internet access service provider category covered
by these new rules may cover multiple wireless firms and categories of
regulated wireless services. Thus, to the extent the wireless services
listed below are used by wireless firms for broadband internet access
service, the actions may have an impact on those small businesses as
set forth above and further below. In addition, for those services
subject to auctions, we note that, as a general matter, the number of
winning bidders that claim to qualify as small businesses at the close
of an auction does not necessarily represent the number of small
businesses currently in service. Also, the Commission does not
generally track subsequent business size unless, in the context of
assignments and transfers or reportable eligibility events, unjust
enrichment issues are implicated.
99. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census data for 2012 show that there were 967 firms that operated for
the entire year. Of this total, 955 firms had employment of 999 or
fewer employees and 12 had employment of 1,000 employees or more. Thus,
under this category and the associated size standard, the Commission
estimates that the majority of wireless telecommunications carriers
(except satellite) are small entities.
100. The Commission's own data--available in its Universal
Licensing System--indicate that, as of August 31, 2018, there are 265
Cellular licensees that will be affected by our actions. The Commission
does not know how many of these licensees are small, as the Commission
does not collect that information for these types of entities.
Similarly, according to internally-developed Commission data, 413
carriers reported that they were engaged in the provision of wireless
telephony, including cellular service, Personal Communications Service
(PCS), and Specialized Mobile Radio (SMR) Telephony services. Of this
total, an estimated 261 have 1,500 or fewer employees, and 152 have
more than 1,500 employees. Thus, using available data, we estimate that
the majority of wireless firms can be considered small.
101. Wireless Communications Services. This service can be used for
fixed, mobile, radiolocation, and digital audio broadcasting satellite
uses. The Commission defined ``small business'' for the wireless
communications services (WCS) auction as an entity with average gross
revenues of $40 million for each of the three preceding years, and a
``very small business'' as an entity with average gross revenues of $15
million for each of the three preceding years. The SBA has approved
these small business size standards. In the Commission's auction for
geographic area licenses in the WCS, there were seven winning bidders
that qualified as ``very small business'' entities and one that
qualified as a ``small business'' entity.
102. 1670-1675 MHz Services. This service can be used for fixed and
mobile uses, except aeronautical mobile. An auction for one license in
the 1670-1675 MHz band was conducted in 2003. One license was awarded.
The winning bidder was not a small entity.
103. Wireless Telephony. Wireless telephony includes cellular,
personal communications services, and specialized mobile radio
telephony carriers. The closest applicable SBA category is Wireless
Telecommunications Carriers (except Satellite). Under the SBA small
business size standard, a business is small if it has 1,500 or fewer
employees. For this industry, U.S. Census Bureau data for 2012 show
that there were 967 firms that operated for the entire year. Of this
total, 955 firms had fewer than 1,000 employees and 12 firms had 1,000
employees or more. Thus, under this category and the associated size
standard, the Commission estimates that a majority of these entities
can be considered small. According to Commission data, 413 carriers
reported that they were engaged in wireless telephony. Of these, an
estimated 261 have 1,500 or fewer employees and 152 have more than
1,500 employees. Therefore, more than half of these entities can be
considered small.
104. Broadband Personal Communications Service. The broadband
personal communications services (PCS) spectrum is divided into six
frequency blocks designated A through F, and the Commission has held
auctions for each block. The Commission initially defined a ``small
business'' for C- and F-Block licenses as an entity that has average
gross revenues of $40 million or less in the three previous calendar
years. For F-Block licenses, an additional small business size standard
for ``very small business'' was added and is defined as an entity that,
together with its affiliates, has average gross revenues of not more
than $15 million for the preceding three calendar years. These
standards, defining ``small entity'' in the context of broadband PCS
auctions, have been approved by the SBA. No small businesses within the
SBA-approved small business size standards bid successfully for
licenses in Blocks A and B. There were 90 winning bidders that claimed
small business status in the first two C-Block auctions. A total of 93
bidders that claimed small business status won approximately 40 percent
of the 1,479 licenses in the first auction for the D, E, and F Blocks.
On April 15, 1999, the Commission completed the reauction of 347 C-, D-
, E-, and F-Block licenses in Auction No. 22. Of the 57 winning bidders
in that auction, 48 claimed small business status and won 277 licenses.
105. On January 26, 2001, the Commission completed the auction of
422 C and F Block Broadband PCS licenses in Auction No. 35. Of the 35
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winning bidders in that auction, 29 claimed small business status.
Subsequent events concerning Auction 35, including judicial and agency
determinations, resulted in a total of 163 C and F Block licenses being
available for grant. On February 15, 2005, the Commission completed an
auction of 242 C-, D-, E-, and F-Block licenses in Auction No. 58. Of
the 24 winning bidders in that auction, 16 claimed small business
status and won 156 licenses. On May 21, 2007, the Commission completed
an auction of 33 licenses in the A, C, and F Blocks in Auction No. 71.
Of the 12 winning bidders in that auction, five claimed small business
status and won 18 licenses. On August 20, 2008, the Commission
completed the auction of 20 C-, D-, E-, and F-Block Broadband PCS
licenses in Auction No. 78. Of the eight winning bidders for Broadband
PCS licenses in that auction, six claimed small business status and won
14 licenses.
106. Specialized Mobile Radio Licenses. The Commission awards
``small entity'' bidding credits in auctions for Specialized Mobile
Radio (SMR) geographic area licenses in the 800 MHz and 900 MHz bands
to firms that had revenues of no more than $15 million in each of the
three previous calendar years. The Commission awards ``very small
entity'' bidding credits to firms that had revenues of no more than $3
million in each of the three previous calendar years. The SBA has
approved these small business size standards for the 900 MHz Service.
The Commission has held auctions for geographic area licenses in the
800 MHz and 900 MHz bands. The 900 MHz SMR auction began on December 5,
1995, and closed on April 15, 1996. Sixty bidders claiming that they
qualified as small businesses under the $15 million size standard won
263 geographic area licenses in the 900 MHz SMR band. The 800 MHz SMR
auction for the upper 200 channels began on October 28, 1997, and was
completed on December 8, 1997. Ten bidders claiming that they qualified
as small businesses under the $15 million size standard won 38
geographic area licenses for the upper 200 channels in the 800 MHz SMR
band. A second auction for the 800 MHz band conducted in 2002 and
included 23 BEA licenses. One bidder claiming small business status won
five licenses.
107. The auction of the 1,053 800 MHz SMR geographic area licenses
for the General Category channels was conducted in 2000. Eleven bidders
won 108 geographic area licenses for the General Category channels in
the 800 MHz SMR band and qualified as small businesses under the $15
million size standard. In an auction completed in 2000, a total of
2,800 Economic Area licenses in the lower 80 channels of the 800 MHz
SMR service were awarded. Of the 22 winning bidders, 19 claimed small
business status and won 129 licenses. Thus, combining all four
auctions, 41 winning bidders for geographic licenses in the 800 MHz SMR
band claimed status as small businesses.
108. In addition, there are numerous incumbent site-by-site SMR
licenses and licensees with extended implementation authorizations in
the 800 and 900 MHz bands. We do not know how many firms provide 800
MHz or 900 MHz geographic area SMR service pursuant to extended
implementation authorizations, nor how many of these providers have
annual revenues of no more than $15 million. One firm has over $15
million in revenues. In addition, we do not know how many of these
firms have 1,500 or fewer employees, which is the SBA-determined size
standard. We assume, for purposes of this analysis, that all of the
remaining extended implementation authorizations are held by small
entities, as defined by the SBA.
109. Lower 700 MHz Band Licenses. The Commission previously adopted
criteria for defining three groups of small businesses for purposes of
determining their eligibility for special provisions such as bidding
credits. The Commission defined a ``small business'' as an entity that,
together with its affiliates and controlling principals, has average
gross revenues not exceeding $40 million for the preceding three years.
A ``very small business'' is defined as an entity that, together with
its affiliates and controlling principals, has average gross revenues
that are not more than $15 million for the preceding three years.
Additionally, the lower 700 MHz Service had a third category of small
business status for Metropolitan/Rural Service Area (MSA/RSA)
licenses--``entrepreneur''--which is defined as an entity that,
together with its affiliates and controlling principals, has average
gross revenues that are not more than $3 million for the preceding
three years. The SBA approved these small size standards. An auction of
740 licenses (one license in each of the 734 MSAs/RSAs and one license
in each of the six Economic Area Groupings (EAGs)) commenced on August
27, 2002, and closed on September 18, 2002. Of the 740 licenses
available for auction, 484 licenses were won by 102 winning bidders.
Seventy-two of the winning bidders claimed small business, very small
business, or entrepreneur status and won a total of 329 licenses. A
second auction commenced on May 28, 2003, closed on June 13, 2003, and
included 256 licenses: 5 EAG licenses and 476 Cellular Market Area
licenses. Seventeen winning bidders claimed small or very small
business status and won 60 licenses, and nine winning bidders claimed
entrepreneur status and won 154 licenses. On July 26, 2005, the
Commission completed an auction of 5 licenses in the Lower 700 MHz band
(Auction No. 60). There were three winning bidders for five licenses.
All three winning bidders claimed small business status.
110. In 2007, the Commission reexamined its rules governing the 700
MHz band in the 700 MHz Second Report and Order. An auction of 700 MHz
licenses commenced January 24, 2008 and closed on March 18, 2008, which
included, 176 Economic Area licenses in the A Block, 734 Cellular
Market Area licenses in the B Block, and 176 EA licenses in the E
Block. Twenty winning bidders, claiming small business status (those
with attributable average annual gross revenues that exceed $15 million
and do not exceed $40 million for the preceding three years) won 49
licenses. Thirty-three winning bidders claiming very small business
status (those with attributable average annual gross revenues that do
not exceed $15 million for the preceding three years) won 325 licenses.
111. Upper 700 MHz Band Licenses. In the 700 MHz Second Report and
Order, the Commission revised its rules regarding Upper 700 MHz
licenses. On January 24, 2008, the Commission commenced Auction 73 in
which several licenses in the Upper 700 MHz band were available for
licensing: 12 Regional Economic Area Grouping licenses in the C Block
and one nationwide license in the D Block. The auction concluded on
March 18, 2008, with three winning bidders claiming very small business
status (those with attributable average annual gross revenues that do
not exceed $15 million for the preceding three years) and winning five
licenses.
112. 700 MHz Guard Band Licensees. In 2000, in the 700 MHz Guard
Band Order, the Commission adopted size standards for ``small
businesses'' and ``very small businesses'' for purposes of determining
their eligibility for special provisions such as bidding credits and
installment payments. A small business in this service is an entity
that, together with its affiliates and controlling principals, has
average gross revenues not exceeding $40 million for the preceding
three years. Additionally, a
[[Page 43720]]
very small business is an entity that, together with its affiliates and
controlling principals, has average gross revenues that are not more
than $15 million for the preceding three years. SBA approval of these
definitions is not required. An auction of 52 Major Economic Area
licenses commenced on September 6, 2000, and closed on September 21,
2000. Of the 104 licenses auctioned, 96 licenses were sold to nine
bidders. Five of these bidders were small businesses that won a total
of 26 licenses. A second auction of 700 MHz Guard Band licenses
commenced on February 13, 2001, and closed on February 21, 2001. All
eight of the licenses auctioned were sold to three bidders. One of
these bidders was a small business that won a total of two licenses.
113. Air-Ground Radiotelephone Service. The Commission has
previously used the SBA's small business size standard applicable to
Wireless Telecommunications Carriers (except Satellite). The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had fewer than
1,000 employees and 12 had employment of 1,000 employees or more. There
are approximately 100 licensees in the Air-Ground Radiotelephone
Service, and we estimate that almost all of them qualify as small
entities under the SBA definition.
114. For purposes of assigning Air-Ground Radiotelephone Service
licenses through competitive bidding, the Commission has defined
``small business'' as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the
preceding three years not exceeding $40 million. A ``very small
business'' is defined as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the
preceding three years not exceeding $15 million. These definitions were
approved by the SBA. In May 2006, the Commission completed an auction
of nationwide commercial Air-Ground Radiotelephone Service licenses in
the 800 MHz band (Auction No. 65). On June 2, 2006, the auction closed
with two winning bidders winning two Air-Ground Radiotelephone Services
licenses. Neither of the winning bidders claimed small business status.
115. AWS Services (1710-1755 MHz and 2110-2155 MHz bands (AWS-1);
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands
(AWS-2); 2155-2175 MHz band (AWS-3)). For the AWS-1 bands, the
Commission has defined a ``small business'' as an entity with average
annual gross revenues for the preceding three years not exceeding $40
million, and a ``very small business'' as an entity with average annual
gross revenues for the preceding three years not exceeding $15 million.
For AWS-2 and AWS-3, although we do not know for certain which entities
are likely to apply for these frequencies, we note that the AWS-1 bands
are comparable to those used for cellular service and personal
communications service. The Commission has not yet adopted size
standards for the AWS-2 or AWS-3 bands but proposes to treat both AWS-2
and AWS-3 similarly to broadband PCS service and AWS-1 service due to
the comparable capital requirements and other factors, such as issues
involved in relocating incumbents and developing markets, technologies,
and services.
116. 3650-3700 MHz band. In March 2005, the Commission released a
Report and Order and Memorandum Opinion and Order that provides for
nationwide, non-exclusive licensing of terrestrial operations, using
contention-based technologies, in the 3650 MHz band (i.e., 3650-3700
MHz). As of April 2010, more than 1,270 licenses have been granted and
more than 7,433 sites have been registered. The Commission has not
developed a definition of small entities applicable to 3650-3700 MHz
band nationwide, non-exclusive licenses. However, we estimate that the
majority of these licensees are Internet Access Service Providers
(ISPs) and that most of those licensees are small businesses.
117. Fixed Microwave Services. Microwave services include common
carrier, private-operational fixed, and broadcast auxiliary radio
services. They also include the Local Multipoint Distribution Service
(LMDS), the Digital Electronic Message Service (DEMS), and the 24 GHz
Service, where licensees can choose between common carrier and non-
common carrier status. At present, there are approximately 36,708
common carrier fixed licensees and 59,291 private operational-fixed
licensees and broadcast auxiliary radio licensees in the microwave
services. There are approximately 135 LMDS licensees, three DEMS
licensees, and three 24 GHz licensees. The Commission has not yet
defined a small business with respect to microwave services. The
closest applicable SBA category is Wireless Telecommunications Carriers
(except Satellite) and the appropriate size standard for this category
under SBA rules is that such a business is small if it has 1,500 or
fewer employees. For this industry, U.S. Census Bureau data for 2012
show that there were 967 firms that operated for the entire year. Of
this total, 955 firms had fewer than 1,000 employees and 12 had
employment of 1,000 employees or more. Thus, under this SBA category
and the associated size standard, the Commission estimates that a
majority of fixed microwave service licensees can be considered small.
118. The Commission does not have data specifying the number of
these licensees that have more than 1,500 employees, and thus is unable
at this time to estimate with greater precision the number of fixed
microwave service licensees that would qualify as small business
concerns under the SBA's small business size standard. Consequently,
the Commission estimates that there are up to 36,708 common carrier
fixed licensees and up to 59,291 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services that
may be small and may be affected by the rules and policies adopted
herein. We note, however, that the common carrier microwave fixed
licensee category does include some large entities.
119. Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
Distribution Service (MDS) and Multichannel Multipoint Distribution
Service (MMDS) systems and ``wireless cable,'' transmit video
programming to subscribers and provide two-way high-speed data
operations using the microwave frequencies of the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (previously
referred to as the Instructional Television Fixed Service (ITFS)).
120. BRS -- In connection with the 1996 BRS auction, the Commission
established a small business size standard as an entity that had annual
average gross revenues of no more than $40 million in the previous
three calendar years. The BRS auctions resulted in 67 successful
bidders obtaining licensing opportunities for 493 Basic Trading Areas
(BTAs). Of the 67 auction winners, 61 met the definition of a small
business. BRS also includes licensees of stations authorized prior to
the auction. At this time, we estimate that of the 61 small business
BRS auction winners, 48 remain small business licensees. In addition to
the 48 small businesses that hold BTA authorizations, there are
approximately 392 incumbent BRS licensees that are
[[Page 43721]]
considered small entities. After adding the number of small business
auction licensees to the number of incumbent licensees not already
counted, we find that there are currently approximately 440 BRS
licensees that are defined as small businesses under either the SBA or
the Commission's rules.
121. In 2009, the Commission conducted Auction 86, the sale of 78
licenses in the BRS areas. The Commission offered three levels of
bidding credits: (1) A bidder with attributed average annual gross
revenues that exceed $15 million and do not exceed $40 million for the
preceding three years (small business) received a 15 percent discount
on its winning bid; (2) a bidder with attributed average annual gross
revenues that exceed $3 million and do not exceed $15 million for the
preceding three years (very small business) received a 25 percent
discount on its winning bid; and (3) a bidder with attributed average
annual gross revenues that do not exceed $3 million for the preceding
three years (entrepreneur) received a 35 percent discount on its
winning bid. Auction 86 concluded in 2009 with the sale of 61 licenses.
Of the ten winning bidders, two bidders that claimed small business
status won four licenses; one bidder that claimed very small business
status won three licenses; and two bidders that claimed entrepreneur
status won six licenses.
122. EBS--The SBA's Cable Television Distribution Services small
business size standard is applicable to EBS. There are presently 2,436
EBS licensees. All but 100 of these licenses are held by educational
institutions. Educational institutions are included in this analysis as
small entities. Thus, we estimate that at least 2,336 licensees are
small businesses. Since 2007, Cable Television Distribution Services
have been defined within the broad economic census category of Wired
Telecommunications Carriers. Wired Telecommunications Carriers are
comprised of establishments primarily engaged in operating and/or
providing access to transmission facilities and infrastructure that
they own and/or lease for the transmission of voice, data, text, sound,
and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA's small business size standard for this
category is all such firms having 1,500 or fewer employees. U.S. Census
data for 2012 show that there were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer than 1,000 employees. Thus,
under this size standard, the majority of firms in this industry can be
considered small.
4. Satellite Service Providers
123. Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$32.5 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that a total of
333 firms operated for the entire year. Of this total, 299 firms had
annual receipts of less than $25 million. Consequently, we estimate
that the majority of satellite telecommunications providers are small
entities.
124. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of establishments that are
primarily engaged in providing specialized telecommunications services,
such as satellite tracking, communications telemetry, and radar station
operation. This industry also includes establishments primarily engaged
in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of
transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Establishments providing internet services or
voice over internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry. The
SBA has developed a small business size standard for ``All Other
Telecommunications,'' which consists of all such firms with gross
annual receipts of $32.5 million or less. For this category, U.S.
Census Bureau data for 2012 show that there were 1,442 firms that
operated for the entire year. Of these firms, a total of 1,400 had
gross annual receipts of less than $25 million. Consequently, a
majority of ``All Other Telecommunications'' firms potentially affected
by our action can be considered small.
5. Cable Service Providers
125. Cable and Other Subscription Programming. This industry
comprises establishments primarily engaged in operating studios and
facilities for the broadcasting of programs on a subscription or fee
basis. The broadcast programming is typically narrowcast in nature
(e.g., limited format, such as news, sports, education, or youth-
oriented). These establishments produce programming in their own
facilities or acquire programming from external sources. The
programming material is usually delivered to a third party, such as
cable systems or direct-to-home satellite systems, for transmission to
viewers. The SBA size standard for this industry establishes as small,
any company in this category that has annual receipts of $38.5 million
or less. According to 2012 U.S. Census Bureau data, 367 firms operated
for the entire year. Of that number, 319 operated with annual receipts
of less than $25 million a year and 48 firms operated with annual
receipts of $25 million or more. Based on this data, the Commission
estimates that the majority of firms operating in this industry are
small.
126. Cable Companies and Systems (Rate Regulation). The Commission
has developed its own small business size standards for the purpose of
cable rate regulation. Under the Commission's rules, a ``small cable
company'' is one serving 400,000 or fewer subscribers nationwide.
Industry data indicate that there are currently 4,600 active cable
systems in the United States. Of this total, all but eleven cable
operators nationwide are small under the 400,000-subscriber size
standard. In addition, under the Commission's rate regulation rules, a
``small system'' is a cable system serving 15,000 or fewer subscribers.
Current Commission records show 4,600 cable systems nationwide. Of this
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700
systems have 15,000 or more subscribers, based on the same records.
Thus, under this standard as well, we estimate that most cable systems
are small entities.
127. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1
percent of all subscribers in the United States and is not affiliated
with any entity or entities whose gross annual revenues in the
aggregate exceed $250,000,000.'' There are approximately 52,403,705
cable video subscribers in the United States today. Accordingly, an
operator serving fewer than 524,037 subscribers shall be deemed a small
operator if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the
aggregate. Based on available data, we find that all but nine incumbent
cable
[[Page 43722]]
operators are small entities under this size standard. We note that the
Commission neither requests nor collects information on whether cable
system operators are affiliated with entities whose gross annual
revenues exceed $250 million. Although it seems certain that some of
these cable system operators are affiliated with entities whose gross
annual revenues exceed $250 million, we are unable at this time to
estimate with greater precision the number of cable system operators
that would qualify as small cable operators under the definition in the
Communications Act.
6. All Other Telecommunications
128. Electric Power Generators, Transmitters, and Distributors.
This U.S. industry is comprised of establishments that are primarily
engaged in providing specialized telecommunications services, such as
satellite tracking, communications telemetry, and radar station
operation. This industry also includes establishments primarily engaged
in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of
transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Establishments providing internet services or
voice over internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry. The
closest applicable SBA category is ``All Other Telecommunications.''
The SBA's small business size standard for ``All Other
Telecommunications'' consists of all such firms with gross annual
receipts of $32.5 million or less. For this category, U.S. Census data
for 2012 show that there were 1,442 firms that operated for the entire
year. Of these firms, a total of 1,400 had gross annual receipts of
less than $25 million. Consequently, we estimate that under this
category and the associated size standard the majority of these firms
can be considered small entities.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
129. We expect the rules adopted in the Report and Order will
impose new or additional reporting, recordkeeping, and/or other
compliance obligations on small entities. In an effort to develop
better quality, more useful, and more granular broadband deployment
data to advance our statutory universal service obligations, we
conclude it is necessary to create a new data collection, calculated to
produce broadband deployment maps that will allow the Commission to
precisely target scarce universal service dollars to where broadband
service is lacking. The Commission also modifies aspects of the Form
477 collection to increase the accuracy of the information collected
and to streamline the current reporting requirements to reduce the
burdens on filers. We are cognizant of the need to ensure that the
benefits resulting from use of the data outweigh the reporting burdens
imposed on filers and believe the new collection requirement for fixed
providers to submit broadband coverage polygons depicting the areas
where they actually have broadband-capable networks and make fixed
broadband service available to end-user locations will benefit small
entities as well as other providers. WISPA, for example, supports the
reporting of broadband coverage polygons because it is less burdensome
for its members, who are primarily small fixed wireless providers, and
because it is a more accurate means of collecting deployment data.
130. We find that any additional burdens imposed by our new
reporting approach will be relatively light for fixed providers in
comparison to the significant benefit to be gained from more precise
broadband deployment data. For example, many fixed providers are
already familiar with GIS files because the Commission and other
federal and state agencies use these files in other contexts. Further,
some fixed providers already have internal GIS capabilities and/or
vendor relationships for the production of GIS files, which should
lessen the cost of compliance for small entities. The record suggests
that several online resources and software options are available that
can help fixed providers create their own polygons of service
availability to comply with this requirement, which may lessen the need
for small entities to hire professionals. Thus, we find that any
additional burdens imposed by our new collection will be relatively
light for fixed providers in comparison to the significant benefit to
be gained from more accurate and precise broadband deployment data.
Although the Commission cannot quantify the cost of compliance with the
requirements in the Report and Order, we believe the streamlining and
removal of certain reporting requirements should reduce the compliance
burdens for small entities that are required to complete Form 477.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
131. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its approach, which may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
132. The Commission's actions to modernize and streamline the Form
477 collection and reduce the compliance burdens for filers include
measures that should benefit small entities. In considering the
comments in the record, we were mindful of the time, money, and
resources that some small entities incur to complete the current Form
477. Our actions adopting the filing of broadband coverage polygons
should provide some economic relief to small entities when compared to
the burdens imposed by the current census-block reporting requirement.
We also direct WCB, in coordination with OEA, WTB, and IB, to determine
whether any category of very small fixed providers (e.g., those with
less than 250 subscribers (or 1,500 or some other small set number of
subscribers) and who are not eligible telecommunications carriers
(ETCs) under the USF program) should have additional time in filing
their initial reports. In addition, to lessen the burdens on small
fixed providers, the Commission and USAC intend to have service-desk
help available, as well as clear instructions on the form for the new
collection, to aid filers in preparing their broadband coverage
polygons. We also believe our actions to streamline the filing process
and eliminate certain filing requirements will benefit small entities
by reducing the administrative costs they incur to file Form 477.
133. The Commission considered but declined to adopt a requirement
to collect fixed broadband deployment data at the street segment level.
With a street-level approach, smaller providers would encounter much
greater burdens to report deployment data with more precision. For the
reasons discussed in the Report and Order, we agree with
[[Page 43723]]
WISPA that a street-level approach is not appropriate for fixed
wireless providers. In addition, we declined to establish technical
standards for fixed providers to follow in determining whether fixed
broadband is available in an area. Imposing fixed standards could
result in increased costs and burdens for small entities and could risk
undermining the expertise and on-the-ground knowledge of fixed
providers, possibly resulting in less accurate maps. The unique
knowledge of fixed broadband providers about their networks puts them
in the best position to determine where broadband is available in their
service areas.
V. Procedural Matters
134. Paperwork Reduction Act. The Report and Order contains new and
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to
the Office of Management and Budget (OMB) for review under section
3507(d) of the PRA. The Commission, as part of its continuing effort to
reduce paperwork burdens, will invite the general public and the Office
of Management and Budget to comment on the information collection
requirements contained in the Report and Order, as required by the PRA.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198 (44 U.S.C. 3506(c)(4)), we seek specific
comment on how we might further reduce the information collection
burden for small business concerns with fewer than 25 employees.
135. Congressional Review Act. The Commission will send a copy of
this Report & Order to Congress and the Government Accountability
Office pursuant to the Congressional Review Act, See 5 U.S.C.
801(a)(1)(A).
136. People With Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
VI. Clauses
137. Accordingly, it is ordered that, pursuant to Sections 1-4, 7,
201, 254, 301, 303, 309, 319, and 332 of the Communications Act of
1934, as amended, 47 U.S.C. 151-154, 157, 201, 254, 301, 303, 309, 319,
and 332, this Report and Order and Second Further Notice of Proposed
Rulemaking is adopted.
138. It is further ordered that Parts 1, 43, and 54 of the
Commission's rules are amended as set forth in Appendix A.
139. It is further ordered that the Report and Order shall be
effective 30 days after publication in the Federal Register, except for
rules and portions of the Report and Order that have new or modified
information collection requirements that must be approved by the Office
of Management and Budget (OMB), which will be effective 30 days after
the announcement in the Federal Register of OMB approval of those
requirements. OMB approval is necessary for the information collection
requirements in 47 CFR 54.1401, 54.1402(b), (c), (d)(2), and (e), plus
paragraphs 44-51 and 57-65 of the Report and Order.
140. It is further ordered that the Commission's Consumer &
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
141. It is further ordered that the Commission's Consumer &
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order and Second Further Notice of Proposed
Rulemaking, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Broadband, Reporting and
recordkeeping requirements, Telecommunications.
47 CFR Part 43
Communications common carriers, Reporting and recordkeeping
requirements.
47 CFR Part 54
Broadband, Reporting and recordkeeping requirements, Universal
service fund.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (j), 155, 157, 225, 227,
303(r), 309, 1403, 1404, 1451, and 1452.
Subpart V--Commission Collection of Advanced Telecommunications
Capability Data and Local Exchange Competition Data
0
2. Revise the subpart V heading to read as set forth above.
0
3. Revise Sec. 1.7000 to read as follows:
Sec. 1.7000 Purpose.
The purposes of this subpart are to set out the terms by which
certain commercial and government-controlled entities report data to
the Commission concerning (a) the provision of wired and wireless local
telephone services and interconnected Voice over internet Protocol
services, and (b) the deployment of advanced telecommunications
capability, as defined in 47 U.S.C. 1302, and services that are
competitive with advanced telecommunications capability.
0
4. Amend Sec. 1.7001 by revising paragraphs (a), (b), and (d) to read
as follows:
Sec. 1.7001 Scope and content of filed reports.
(a) Definitions. Terms used in this subpart have the following
meanings:
(1) Broadband connection. A wired line, wireless channel, or
satellite service that terminates at an end user location or mobile
device and enables the end user to receive information from and/or send
information to the internet at information transfer rates exceeding 200
kilobits per second (kbps) in at least one direction.
(2) Facilities-based provider. An entity is a facilities-based
provider of a service if it supplies such service using facilities that
satisfy any of the following criteria:
(i) Physical facilities that the entity owns and that terminate at
the end-user premises;
(ii) Facilities that the entity has obtained the right to use from
other entities, such as dark fiber or satellite transponder capacity as
part of its own network, or has obtained;
(iii) Unbundled network element (UNE) loops, special access lines,
or other leased facilities that the entity uses to complete
terminations to the end-user premises;
(iv) Wireless service for which the entity holds a license or that
the entity
[[Page 43724]]
manages or has obtained the right to use via a spectrum leasing
arrangement or comparable arrangement pursuant to subpart X of this
Part (Sec. Sec. 1.9001-1.9080); or
(v) Unlicensed spectrum.
(3) End user. A residential, business, institutional, or government
entity that subscribes to a service, uses that service for its own
purposes, and does not resell that service to other entities.
(4) Local telephone service. Telephone exchange or exchange access
service (as defined in 47 U.S.C. 153(20 and (54)) provided by a common
carrier or its affiliate (as defined in 47 U.S.C. 153(2)).
(5) Mobile telephony service. Mobile telephony (as defined in Sec.
20.15 of this chapter) provided to end users by a commercial mobile
radio service (CMRS) provider.
(b) The following entities shall file with the Commission a
completed FCC Form 477, in accordance with the Commission's rules and
the instructions to the FCC Form 477:
(1) Facilities-based providers of broadband service;
(2) Providers of local telephone service;
(3) Facilities-based providers of mobile telephony service; and
(4) Providers of Interconnected Voice over internet Protocol (VoIP)
service (as defined in Sec. 9.3 of this chapter) to end users.
* * * * *
(d) Disclosure of data contained in FCC Form 477 will be addressed
as follows:
(1) Emergency operations contact information contained in FCC Form
477 is information that should not be routinely available for public
inspection pursuant to section 0.457 of this chapter, in addition to
other information that should not be routinely available for public
inspection pursuant to Sec. 0.457.
(2)(i) Respondents may request that provider-specific subscription
information in FCC Form 477 filings be treated as confidential and be
withheld from public inspection by so indicating on Form 477 at the
time that they submit such data.
(ii) The Commission will release the following information in FCC
Form 477 filings to the public, and respondents may not request
confidential treatment of such information:
(A) Provider-specific mobile deployment data;
(B) Data regarding minimum advertised or expected speed for mobile
broadband services; and
(C) Location information that is necessary to permit accurate
broadband mapping, including crowdsourcing or challenge processes.
(3) Respondents seeking confidential treatment of any other data
contained in FCC Form 477 must submit a request that the data be
treated as confidential with the submission of their Form 477 filing,
along with their reasons for withholding the information from the
public, pursuant to Sec. 0.459 of this chapter.
(4) The Commission shall make all decisions regarding non-
disclosure of provider-specific information, except that the Chiefs of
the International Bureau, Wireless Telecommunications Bureau, Wireline
Competition Bureau, or Office of Economics and Analytics may release
provider-specific information to:
(i) A state commission, provided that the state commission has
protections in place that would preclude disclosure of any confidential
information,
(ii) ``Eligible entities,'' as those entities are defined in the
Broadband Data Improvement Act, in an aggregated format and pursuant to
confidentiality conditions prescribed by the Commission, and
(iii) Others, to the extent that access to such data can be
accomplished in a manner that addresses concerns about the competitive
sensitivity of the data and precludes public disclosure of any
confidential information.
* * * * *
0
5. Add Sec. 1.7003 to subpart V to read as follows:
Sec. 1.7003 Authority to update FCC Form 477.
The International Bureau, Wireless Telecommunications Bureau,
Wireline Competition Bureau, and Office of Economics and Analytics may
update the specific content of data to be submitted on FCC Form 477 as
necessary to reflect changes over time in transmission technologies,
spectrum usage, Geographical Information Systems (GIS) and other data
storage and processing functionalities, and other related matters; and
may implement any technical improvements or other clarifications to the
filing mechanism and forms.
PART 43--REPORTS OF COMMUNICATIONS COMMON CARRIERS, PROVIDERS OF
INTERNATIONAL SERVICES AND CERTAIN AFFILIATES
0
6. The authority citation for part 43 continues to read as follows:
Authority: 47 U.S.C. 35-39, 154, 211, 219, 220; sec.
402(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 129.
Sec. 43.11 [Removed]
0
7. Remove Sec. 43.11.
PART 54--UNIVERSAL SERVICE
0
8. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
254, 303(r), 403, and 1302, unless otherwise noted.
0
9. Add subpart N, consisting of Sec. Sec. 54.1400 through 54.1403, to
read as follows:
Subpart N--The Digital Opportunity Data Collection
Sec.
54.1400 Purpose.
54.1401 Frequency of reports.
54.1402 Scope and contents of filed reports.
54.1403 Authority to update the Digital Opportunity Data Collection.
Subpart N--The Digital Opportunity Data Collection
Sec. 54.1400 Purpose.
The purpose of this subpart is to set out the terms by which
facilities-based providers report data to the Universal Service
Administrative Company concerning the deployment of fixed broadband
connections for use in administration of the Universal Service program
and related matters.
Sec. 54.1401 Frequency of reports.
Entities subject to the provisions of this subpart shall file
initial reports pursuant to the Digital Opportunity Data Collection
within six months after the Office of Economics and Analytics issues a
public notice announcing the availability of the new Digital
Opportunity Data Collection platform. Thereafter, Digital Opportunity
Data Collection filers must submit updates within six months of
completing any new, or discontinuing existing, fixed broadband
deployments; acquiring new, or selling existing, network facilities
that have fixed broadband connections; or changing existing offerings
that change the data submitted on their current Digital Opportunity
Data Collection filing. Entities that become subject to the provisions
of this subpart for the first time after the initial filing deadline
shall file their initial reports within six months after they become
eligible and shall report data for that initial period. All eligible
entities must file a certification once per year on or before June 30th
that as of December 31st of the previous year all of the filers' data
continues to be accurate, subject to any updates made by the filer
through June 30th of that calendar year.
[[Page 43725]]
Sec. 54.1402 Scope and content of filed reports.
(a)(1) Definitions. The definitions in Sec. 1.7001(a) of this
chapter apply to terms used in this subpart.
(2) Fixed broadband connection. A broadband connection that cannot
be used to provide a mobile service (as defined in 47 U.S.C. 153(33))
and does not terminate to mobile stations (as defined in 47 U.S.C.
153(34)).
(b) All facilities-based providers of fixed broadband connections
shall file with USAC, pursuant to the timetable in Sec. 54.1401 of
this subpart, a completed filing as part of the Digital Opportunity
Data Collection in accordance with the rules of the Commission and the
instructions to the Digital Opportunity Data Collection.
(c) All filers in the Digital Opportunity Data Collection shall
include in each report a certification signed by an appropriate
official of the filer (as specified in the Digital Opportunity Data
Collection's instructions) and shall report the title of their
certifying official.
(d)(1) All data contained in Digital Opportunity Data Collection
filings will be routinely available for public disclosure, except for
emergency operations contact information and other information that
should not be routinely available for public inspection pursuant to
Sec. 0.457 of this chapter.
(2) Filers seeking confidential treatment of any data contained in
the Digital Opportunity Data Collection must submit a request that the
data be treated as confidential with the submission of their filing,
along with their reasons for withholding the information from the
public, pursuant to Sec. 0.459 of this chapter.
(3) The Commission shall make all decisions regarding non-
disclosure of confidential information.
(e) Filers shall file a revised version of their Digital
Opportunity Data Collection filing if they discover a significant
reporting error in their data.
(f) Failure to file in the Digital Opportunity Data Collection in
accordance with the Commission's rules and the instructions to the
Digital Opportunity Data Collection may lead to enforcement action
pursuant to the Act and any other applicable law.
Sec. 54.1403 Authority to update the Digital Opportunity Data
Collection.
The Office of Economics and Analytics, in consultation with the
Wireline Competition Bureau, the Wireless Telecommunications Bureau,
and the International Bureau, may update the fixed broadband
technologies reported in the Digital Opportunity Data Collection as
necessary to reflect changes over time in technology, and the Office
may implement any technical improvements, changes to the format and
type of data submitted, or other clarifications to the Digital
Opportunity Data Collection and its instructions.
[FR Doc. 2019-18063 Filed 8-21-19; 8:45 am]
BILLING CODE 6712-01-P