Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 39859-39868 [2020-13950]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Proposed Rules]
[Pages 39859-39868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13950]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 19-250 and RM-11849; FCC 20-75; FRS 16875]


Accelerating Wireless and Wireline Broadband Deployment by 
Removing Barriers to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission (``Commission'' or 
``FCC'') proposes rule changes that would allow applicants to excavate 
or deploy wireless facilities outside the boundaries of an existing 
tower site. The Commission proposes to revise the definition of 
``site'' in the Commission's rules to make clear that ``site'' refers 
to the boundary of the leased or owned property surrounding the tower 
and any access or utility easements currently related to the site as of 
the date that the facility was last reviewed and approved by a 
locality. The Commission also proposes to amend its rules so that a 
modification of an existing facility that entails ground excavation or 
deployment of up to 30 feet in any direction outside the facility's 
site will be eligible for streamlined processing under the Spectrum 
Act. The Notice of Proposed Rulemaking (NPRM) also seeks comment on 
whether the Commission should adopt a different definition of ``site'' 
than the one proposed.

DATES: Interested parties may file comments on or before July 22, 2020, 
and reply comments on or before August 3, 2020.

ADDRESSES: 445 12th Street SW, Washington, DC 20554. For detailed 
instructions for submitting comments and additional information on the 
rulemaking process, see the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: For further information on this 
proceeding, contact Paul D'Ari, [email protected], of the Wireless 
Telecommunications Bureau, Competition & Infrastructure Policy 
Division, (202) 418-1150.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WT Docket No. 19-250 and RM-11849, 
adopted on June 9, 2020, and released on June 10, 2020. The document is 
available for download at https://www.fcc.gov/edocs. 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).
    Comments and Reply Comments: Pursuant to Sections 1.415 and 1.419 
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
     Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 445 12th Street SW, Washington, 
DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
     During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.

[[Page 39860]]

     People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    Ex Parte Procedures: The proceeding this NPRM initiates shall be 
treated as a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. See 47 CFR 1.1200 et seq. Persons making 
ex parte presentations must file a copy of any written presentation or 
a memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Synopsis

    1. In the NPRM, the Commission seeks comment on whether changes to 
its rules regarding excavation outside the boundaries of an existing 
tower site, including the definition of the boundaries of a tower 
``site,'' would advance the objectives of Section 6409(a).

I. Notice of Proposed Rulemaking

    2. Section 1.6100(b)(7)(iv) provides that ``[a] modification 
substantially changes the physical dimensions of an eligible support 
structure if . . . [i]t entails any excavation or deployment outside 
the current site[.]'' In other words, a proposed modification that 
entails any excavation or deployment outside the current site of a 
tower or base station is not eligible for Section 6409(a)'s streamlined 
procedures. Section 1.6100(b)(6) defines ``site'' for towers outside of 
the public rights-of-way as ``the current boundaries of the leased or 
owned property surrounding the tower and any access or utility 
easements currently related to the site, and, for other eligible 
support structures, further restricted to that area in proximity to the 
structure and to other transmission equipment already deployed on the 
ground.''
    3. In its Petition for Declaratory Ruling, WIA requests that the 
Commission clarify that ``current site,'' for purposes of Section 
1.6100(b)(7)(iv), is the currently leased or owned compound area. 
Industry commenters argue that current ``site'' means the property 
leased or owned by the applicant at the time it submits an application 
to make a qualifying modification under Section 6409(a). Industry 
commenters state that their proposed clarification merely affirms the 
plain meaning of the rule. They assert that such clarification is 
needed because many local governments interpret Section 1.6100(b)(6) as 
referring to the original site and wrongly claim that a modification is 
not entitled to Section 6409(a) if it entails any deployment outside of 
those original boundaries.
    4. WIA's Petition for Rulemaking also requests that the Commission 
amend its rules to establish that a modification would not cause a 
``substantial change'' if it entails excavation or facility deployments 
at locations of up to 30 feet in any direction outside the boundaries 
of a macro tower compound. Industry commenters contend that it is often 
difficult to collocate transmission equipment on existing macro towers 
without expanding the compounds surrounding those towers in order to 
deploy additional equipment sheds or cabinets on the ground. They argue 
that such deployments are becoming increasingly necessary to house 
multiple carriers' facilities on towers built in the past to support 
the needs of a single carrier and to facilitate the extensive network 
densification needed for rapid 5G deployment. WIA states that this 
proposal is consistent with the Wireless Facilities Nationwide 
Programmatic Agreement, which excludes from Section 106 historic 
preservation review ``the construction of a replacement for any 
existing communications tower'' that, inter alia, ``does not expand the 
boundaries of the leased or owned property surrounding the tower by 
more than 30 feet in any direction or involve excavation outside these 
expanded boundaries or outside any existing access or utility easement 
related to the site.''
    5. Local governments argue that the definition of ``site'' should 
not be interpreted to mean the applicant's leased or owned property on 
the date it submits its eligible facilities request. They assert that 
this interpretation would permit providers to expand the boundaries of 
a site without review and approval by a local government by entering 
into leases that increase the area of a site after the locality's 
initial review. NLC argues that it would lead to ``extensive bypassing 
of local review for property uses not previously reviewed and approved 
to support wireless equipment.'' Localities also generally oppose the 
compound expansion proposal because they argue that excavation of up to 
30 feet beyond a tower's current site cannot be considered 
insubstantial. Moreover, several cities argue that the Commission 
considered and rejected this proposal in the 2014 Infrastructure Order 
and that circumstances have not changed that would warrant a policy 
reversal.
    6. In light of the different approaches recommended by the industry 
and localities, the Commission seeks comment on whether it should 
revise its rules to resolve these issues and, if so, in what manner. In 
particular, the Commission proposes to revise the definition of 
``site'' in Section 1.6100(b)(6) to make clear that ``site'' refers to 
the boundary of the leased or owned property surrounding the tower and 
any access or utility easements currently related to the site as of the 
date that the facility was last reviewed and approved by a locality. 
The Commission further proposes to amend Section 1.6100(b)(7)(iv) so 
that modification of an existing facility that entails ground 
excavation or deployment of up to 30 feet in any direction outside the 
facility's site will be eligible for streamlined processing under 
Section 6409(a).
    7. Alternatively, the Commission seeks comment on whether it should 
revise the definition of site in Section 1.6100(b)(6), as proposed 
above, without making the proposed change to Section

[[Page 39861]]

1.6100(b)(7)(iv) for excavation or deployment of up to 30 feet outside 
the site. As another option, the Commission seeks comment on whether to 
define site in Section 1.6100(b)(6) as the boundary of the leased or 
owned property surrounding the tower and any access or utility 
easements related to the site as of the date an applicant submits a 
modification request. Commenters should describe the costs and benefits 
of these approaches, as well as any other alternatives that they 
discuss in comments, and provide quantitative estimates as appropriate.

II. Procedural Matters

A. Initial Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities of the policies and rules 
proposed in this Notice of Proposed Rulemaking (NPRM). Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
provided on the first page of the NPRM. The Commission will send a copy 
of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA). In addition, the NPRM and IRFA 
(or summaries thereof) will be published in the Federal Register.
a. Need for, and Objectives of, the Proposed Rules
    9. The NPRM proposes to revise the definition of ``site'' in 
Section 1.6100(b)(6) to make clear that ``site'' refers to the boundary 
of the leased or owned property surrounding the tower and any access or 
utility easements related to the site as of the date the facility was 
last reviewed and approved by a locality. It also proposes to amend 
Section 1.6100(b)(7)(iv) to allow for streamlined procedures under the 
Section 6409 of the Commission's rules to cover modifications to an 
existing facility that entail ground excavation or deployment of up to 
30 feet in any direction outside the boundary of the site.
    10. The NPRM seeks comment on whether the Commission should revise 
the definition of ``site'' in Section 1.6100(b)(6) without making the 
proposed change for excavation or deployment of up to 30 feet outside 
the boundary of the site. The NPRM also seeks comment on an alternative 
definition--whether to define ``site'' in Section 1.6100(b)(6) as the 
boundary of the leased or owned property surrounding the tower and any 
access or utility easements related to the site as of the date an 
applicant submits a modification request. Finally, the NPRM asks 
commenters to describe the costs and benefits of each approach, as well 
as any other alternatives, and quantitative estimates as appropriate.
    11. Section 1.6100(b)(7)(iv) of the Commission's rules provides 
that ``a modification substantially changes the physical dimensions of 
an eligible support structure if . . . [i]t entails any excavation or 
deployment outside the current site[.]'' Accordingly, a proposed 
modification that entails any excavation outside the current site of a 
tower or base station is not eligible for streamlined approval by State 
or local governments under Section 6409(a). Section 1.6100(b)(6) 
defines ``site'' for towers outside of the public rights-of-way as 
``the current boundaries of the leased or owned property surrounding 
the tower and any access or utility easements currently related to the 
site, and, for other eligible support structures, further restricted to 
that area in proximity to the structure and to other transmission 
equipment already deployed on the ground.''
    12. Industry commenters argue that current ``site'' means the 
property leased or owned by the applicant at the time it submits an 
application to make a qualifying modification under Section 6409(a). 
Industry commenters state that their proposed clarification merely 
affirms the plain meaning of the rule. They state that such 
clarification is needed, because many local governments interpret 
Section 1.6100(b)(6) as referring to the original site and wrongly 
claim that a modification is not entitled to Section 6409(a) if it 
entails any deployment outside of those original boundaries. Local 
governments oppose WIA's interpretation, saying it would permit 
providers to expand the boundaries of a site without review and 
approval by a local government by entering into leases that increase 
the area of a site after the locality's initial review.
    13. Section 1.6100(b)(7)(iv) provides that ``a modification 
substantially changes the physical dimensions of an eligible support 
structure if . . . [i]t entails any excavation or deployment outside 
the current site[.]'' However ``site'' is defined, a proposed 
modification is not eligible for streamlined processing under Section 
6409(a) if it is on a tower outside a right-of-way and involves 
excavation outside the site. WIA and other industry commenters urge the 
Commission to amend this rule so that ``excavation or facility 
deployments at locations up to 30 feet in any direction outside the 
current boundaries of a macro tower compound'' would not constitute a 
substantial change in the physical dimensions.
    14. Industry commenters contend that it is often difficult to 
collocate transmission equipment on existing macro towers without 
expanding the compounds surrounding those towers in order to deploy 
additional equipment sheds or cabinets on the ground. They argue that 
such deployments are becoming increasingly necessary to house multiple 
carriers' facilities on towers built in the past to support the needs 
of a single carrier and to facilitate the extensive network 
densification needed for rapid 5G deployment. In contrast, local 
governments generally oppose the compound expansion proposal arguing 
that excavation of up to a 30-feet beyond a tower's current site cannot 
be considered insubstantial. Moreover, several cities argue that the 
Commission considered and rejected this proposal in the 2014 
Infrastructure Order and that circumstances have not changed that would 
warrant a policy reversal.
b. Legal Basis
    15. The proposed action is authorized pursuant to Sections 1, 4(i)-
(j), 7, 201, 253, 301, 303, 309, 319, and 332 of the Communications Act 
of 1934, as amended, and Section 6409 of the Middle Class Tax Relief 
and Job Creation Act of 2012, as amended, 47 U.S.C. 151, 154(i)-(j), 
157, 201, 253, 301, 303, 309, 319, 332, 1455.
c. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply
    16. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' 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.
    17. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. The Commission's actions,

[[Page 39862]]

over time, may affect small entities that are not easily categorized at 
present. The Commission therefore describes here, at the outset, three 
broad groups of small entities that could be directly affected herein. 
First, while there are industry specific size standards for small 
businesses that are used in the regulatory flexibility analysis, 
according to data from the Small Business Administration's (SBA) 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 30.7 million businesses.
    18. 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.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2018, there were 
approximately 571,709 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    19. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate that there 
were 90,075 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 general purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment populations of less than 50,000. Accordingly, 
based on the 2017 U.S. Census of Governments data, the Commission 
estimates that at least 48,971 entities fall into the category of 
``small governmental jurisdictions.''
    20. 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 Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms employed fewer 
than 1,000 employees and 12 firms employed 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.
    21. 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 the Commission's 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, the 
Commission estimates that the majority of wireless firms can be 
considered small.
    22. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments 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 annual 
receipts of $35 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 those firms, a total of 1,400 had annual receipts less 
than $25 million and 15 firms had annual receipts of $25 million to 
$49,999,999. Thus, the Commission estimates that the majority of ``All 
Other Telecommunications'' firms potentially affected by the 
Commission's action can be considered small.
    23. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the Upper Microwave Flexible Use Service, 
Millimeter Wave Service, 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. There are approximately 66,680 common carrier fixed 
licensees, 69,360 private and public safety operational-fixed 
licensees, 20,150 broadcast auxiliary radio licensees, 411 LMDS 
licenses, 33 24 GHz DEMS licenses, 777 39 GHz licenses, and five 24 GHz 
licenses, and 467 Millimeter Wave licenses in the microwave services. 
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 employment 
of 999 or fewer employees and 12 had employment of 1000 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.
    24. 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 discussed 
herein. The Commission notes, however, that the microwave fixed 
licensee category includes some large entities.
    25. FM Translator Stations and Low Power FM Stations. FM 
translators and Low Power FM Stations are classified in the category of 
Radio Stations and are

[[Page 39863]]

assigned the same NAICs Code as licensees of radio stations. This U.S. 
industry, Radio Stations, comprises establishments primarily engaged in 
broadcasting aural programs by radio to the public. Programming may 
originate in their own studio, from an affiliated network, or from 
external sources. The SBA has established a small business size 
standard which consists of all radio stations whose annual receipts are 
$41.5 million dollars or less. U.S. Census Bureau data for 2012 
indicate that 2,849 radio station firms operated during that year. Of 
that number, 2,806 operated with annual receipts of less than $25 
million per year, 17 with annual receipts between $25 million and 
$49,999,999 million and 26 with annual receipts of $50 million or more. 
Therefore, based on the SBA's size standard the Commission concludes 
that the majority of FM Translator Stations and Low Power FM Stations 
are small.
    26. Location and Monitoring Service (LMS). LMS systems use non-
voice radio techniques to determine the location and status of mobile 
radio units. For purposes of auctioning LMS licenses, the Commission 
has defined a ``small business'' as an entity that, together with 
controlling interests and affiliates, has average annual gross revenues 
for the preceding three years not to exceed $15 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 to exceed $3 million. These definitions have 
been approved by the SBA. An auction for LMS licenses commenced on 
February 23, 1999 and closed on March 5, 1999. Of the 528 licenses 
auctioned, 289 licenses were sold to four small businesses.
    27. Multichannel Video Distribution and Data Service (MVDDS). MVDDS 
is a terrestrial fixed microwave service operating in the 12.2-12.7 GHz 
band. The Commission adopted criteria for defining three groups of 
small businesses for purposes of determining their eligibility for 
special provisions such as bidding credits. It defined a very small 
business as an entity with average annual gross revenues not exceeding 
$3 million for the preceding three years; a small business as an entity 
with average annual gross revenues not exceeding $15 million for the 
preceding three years; and an entrepreneur as an entity with average 
annual gross revenues not exceeding $40 million for the preceding three 
years. These definitions were approved by the SBA. On January 27, 2004, 
the Commission completed an auction of 214 MVDDS licenses (Auction No. 
53). In this auction, ten winning bidders won a total of 192 MVDDS 
licenses. Eight of the ten winning bidders claimed small business 
status and won 144 of the licenses. The Commission also held an auction 
of MVDDS licenses on December 7, 2005 (Auction 63). Of the three 
winning bidders who won 22 licenses, two winning bidders, winning 21 of 
the licenses, claimed small business status.
    28. Multiple Address Systems. Entities using Multiple Address 
Systems (MAS) spectrum, in general, fall into two categories: (1) Those 
using the spectrum for profit-based uses, and (2) those using the 
spectrum for private internal uses. With respect to the first category, 
Profit-based Spectrum use, the size standards established by the 
Commission define ``small entity'' for MAS licensees as an entity that 
has average annual gross revenues of less than $15 million over the 
three previous calendar years. A ``Very small business'' is defined as 
an entity that, together with its affiliates, has average annual gross 
revenues of not more than $3 million over the preceding three calendar 
years. The SBA has approved these definitions. The majority of MAS 
operators are licensed in bands where the Commission has implemented a 
geographic area licensing approach that requires the use of competitive 
bidding procedures to resolve mutually exclusive applications.
    29. The Commission's licensing database indicates that, as of April 
16, 2010, there were a total of 11,653 site-based MAS station 
authorizations. Of these, 58 authorizations were associated with common 
carrier service. In addition, the Commission's licensing database 
indicates that, as of April 16, 2010, there were a total of 3,330 
Economic Area market area MAS authorizations. The Commission's 
licensing database also indicates that, as of April 16, 2010, of the 
11,653 total MAS station authorizations, 10,773 authorizations were for 
private radio service. In 2001, an auction for 5,104 MAS licenses in 
176 EAs was conducted. Seven winning bidders claimed status as small or 
very small businesses and won 611 licenses. In 2005, the Commission 
completed an auction (Auction 59) of 4,226 MAS licenses in the Fixed 
Microwave Services from the 928/959 and 932/941 MHz bands. Twenty-six 
winning bidders won a total of 2,323 licenses. Of the 26 winning 
bidders in this auction, five claimed small business status and won 
1,891 licenses.
    30. With respect to the second category, Internal Private Spectrum 
use consists of entities that use, or seek to use, MAS spectrum to 
accommodate their own internal communications needs, MAS serves an 
essential role in a range of industrial, safety, business, and land 
transportation activities. MAS radios are used by companies of all 
sizes, operating in virtually all U.S. business categories, and by all 
types of public safety entities. For the majority of private internal 
users, the definition developed by the SBA would be more appropriate 
than the Commission's definition. The closest applicable definition of 
a small entity is the ``Wireless Telecommunications Carriers (except 
Satellite)'' definition under the SBA size standards. The appropriate 
size standard under SBA rules is that such a business is small if it 
has 1,500 or fewer employees. For this category, 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 employment of 999 or fewer 
employees and 12 had employment of 1000 employees or more. Thus, under 
this category and the associated small business size standard, the 
Commission estimates that the majority of firms that may be affected by 
the Commission's action can be considered small.
    31. Non-Licensee Owners of Towers and Other Infrastructure. 
Although at one time most communications towers were owned by the 
licensee using the tower to provide communications service, many towers 
are now owned by third-party businesses that do not provide 
communications services themselves but lease space on their towers to 
other companies that provide communications services. The Commission's 
rules require that any entity, including a non-licensee, proposing to 
construct a tower over 200 feet in height or within the glide slope of 
an airport must register the tower with the Commission's Antenna 
Structure Registration (``ASR'') system and comply with applicable 
rules regarding review for impact on the environment and historic 
properties.
    32. As of March 1, 2017, the ASR database includes approximately 
122,157 registration records reflecting a ``Constructed'' status and 
13,987 registration records reflecting a ``Granted, Not Constructed'' 
status. These figures include both towers registered to licensees and 
towers registered to non-licensee tower owners. The Commission does not 
keep information from which the Commission can easily determine how 
many of these towers are registered to non-licensees or how many non-
licensees have registered towers. Regarding towers that do not require 
ASR registration, the Commission does not collect information as to the 
number

[[Page 39864]]

of such towers in use and therefore cannot estimate the number of tower 
owners that would be subject to the rules on which the Commission seeks 
comment. Moreover, the SBA has not developed a size standard for small 
businesses in the category ``Tower Owners.'' Therefore, the Commission 
is unable to determine the number of non-licensee tower owners that are 
small entities. The Commission believes, however, that when all 
entities owning 10 or fewer towers and leasing space for collocation 
are included, non-licensee tower owners number in the thousands. In 
addition, there may be other non-licensee owners of other wireless 
infrastructure, including Distributed Antenna Systems (DAS) and small 
cells that might be affected by the measures on which the Commission 
seeks comment. The Commission does not have any basis for estimating 
the number of such non-licensee owners that are small entities.
    33. The closest applicable SBA category is All Other 
Telecommunications, and the appropriate size standard consists of all 
such firms with gross annual receipts of $38 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 and 15 firms 
had annual receipts of $25 million to $49,999,999. Thus, under this SBA 
size standard a majority of the firms potentially affected by the 
Commission's action can be considered small.
    34. Personal Radio Services. Personal radio services provide short-
range, low-power radio for personal communications, radio signaling, 
and business communications not provided for in other services. 
Personal radio services include services operating in spectrum licensed 
under Part 95 of the Commission's rules. These services include Citizen 
Band Radio Service, General Mobile Radio Service, Radio Control Radio 
Service, Family Radio Service, Wireless Medical Telemetry Service, 
Medical Implant Communications Service, Low Power Radio Service, and 
Multi-Use Radio Service. There are a variety of methods used to license 
the spectrum in these rule parts, from licensing by rule, to 
conditioning operation on successful completion of a required test, to 
site-based licensing, to geographic area licensing. All such entities 
in this category are wireless, therefore the Commission applies the 
definition of Wireless Telecommunications Carriers (except Satellite), 
pursuant to which the SBA's small entity size standard is defined as 
those entities employing 1,500 or fewer persons. 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 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 firms can be considered 
small. The Commission notes however, that many of the licensees in this 
category are individuals and not small entities. In addition, due to 
the mostly unlicensed and shared nature of the spectrum utilized in 
many of these services, the Commission lacks direct information upon 
which to base an estimation of the number of small entities that may be 
affected by the Commission's actions in this proceeding.
    35. Private Land Mobile Radio Licensees. Private land mobile radio 
(PLMR) systems serve an essential role in a vast range of industrial, 
business, land transportation, and public safety activities. Companies 
of all sizes operating in all U.S. business categories use these 
radios. Because of the vast array of PLMR users, the Commission has not 
developed a small business size standard specifically applicable to 
PLMR users. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications. 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 
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 PLMR Licensees 
are small entities.
    36. According to the Commission's records, a total of approximately 
400,622 licenses comprise PLMR users. Of this number there are a total 
of approximately 3,174 PLMR licenses in the 4.9 GHz band; 29,187 PLMR 
licenses in the 800 MHz band; and 3,374 licenses in the frequencies 
range 173.225 MHz to 173.375 MHz. The Commission does not require PLMR 
licensees to disclose information about number of employees, and does 
not have information that could be used to determine how many PLMR 
licensees constitute small entities under this definition. The 
Commission however believes that a substantial number of PLMR licensees 
may be small entities despite the lack of specific information.
    37. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Because of the vast array of public safety licensees, the 
Commission has not developed a small business size standard 
specifically applicable to public safety licensees. The closest 
applicable SBA category is Wireless Telecommunications Carriers (except 
Satellite) which encompasses business entities engaged in 
radiotelephone communications. 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 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 firms can be considered small. With respect to local 
governments, in particular, since many governmental entities comprise 
the licensees for these services, the Commission includes under public 
safety services the number of government entities affected. According 
to Commission records, there are a total of approximately 133,870 
licenses within these services. There are 3.121 licenses in the 4.9 GHz 
band, based on an FCC Universal Licensing System search of March 29, 
2017. The Commission estimates that fewer than 2,442 public safety 
radio licensees hold these licenses because certain entities may have 
multiple licenses.
    38. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in their own studio, 
from an affiliated network, or from external sources.'' The SBA has 
established a small business size standard for this category as firms 
having $41.5 million or less in annual receipts. U.S. Census Bureau 
data for 2012 show that 2,849 radio station firms operated during that 
year. Of that number, 2,806 firms operated with annual receipts of less 
than $25 million per year and 17 with annual receipts between $25 
million and $49,999,999 million. Therefore, based on the SBA's size 
standard the majority of such entities are small entities.

[[Page 39865]]

    39. According to Commission staff review of the BIA/Kelsey, LLC's 
Media Access Pro Radio Database as of January 2018, about 11,261 (or 
about 99.9 percent) of 11,383 commercial radio stations had revenues of 
$38.5 million or less and thus qualify as small entities under the SBA 
definition. The Commission has estimated the number of licensed 
commercial AM radio stations to be 4,580 stations and the number of 
commercial FM radio stations to be 6,726, for a total number of 11,306. 
The Commission notes it has also estimated the number of licensed 
noncommercial (NCE) FM radio stations to be 4,172. Nevertheless, the 
Commission does not compile and otherwise does not have access to 
information on the revenue of NCE stations that would permit it to 
determine how many such stations would qualify as small entities.
    40. The Commission also notes, that in assessing whether a business 
entity qualifies as small under the above definition, business control 
affiliations must be included. The Commission's estimate therefore 
likely overstates the number of small entities that might be affected 
by its action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
to be determined a ``small business,'' an entity may not be dominant in 
its field of operation. The Commission further notes that it is 
difficult at times to assess these criteria in the context of media 
entities, and the estimate of small businesses to which these rules may 
apply does not exclude any radio station from the definition of a small 
business on these basis, thus the Commission's estimate of small 
businesses may therefore be over-inclusive. Also, as noted above, an 
additional element of the definition of ``small business'' is that the 
entity must be independently owned and operated. The Commission notes 
that it is difficult at times to assess these criteria in the context 
of media entities and the estimates of small businesses to which they 
apply may be over-inclusive to this extent.
    41. 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 
$35 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that there were a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
the Commission estimates that the majority of satellite 
telecommunications providers are small entities.
    42. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound.'' These establishments operate television 
broadcast studios and facilities for the programming and transmission 
of programs to the public. These establishments also produce or 
transmit visual programming to affiliated broadcast television 
stations, which in turn broadcast the programs to the public on a 
predetermined schedule. Programming may originate in their own studio, 
from an affiliated network, or from external sources. The SBA has 
created the following small business size standard for such businesses: 
Those having $41.5 million or less in annual receipts. The 2012 
Economic Census reports that 751 firms in this category operated in 
that year. Of that number, 656 had annual receipts of $25,000,000 or 
less, and 25 had annual receipts between $25,000,000 and $49,999,999. 
Based on this data the Commission therefore estimates that the majority 
of commercial television broadcasters are small entities under the 
applicable SBA size standard.
    43. The Commission has estimated the number of licensed commercial 
television stations to be 1,377. Of this total, 1,258 stations (or 
about 91 percent) had revenues of $38.5 million or less, according to 
Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA) on November 16, 2017, and therefore these 
licensees qualify as small entities under the SBA definition. In 
addition, the Commission has estimated the number of licensed 
noncommercial educational television stations to be 384. 
Notwithstanding, the Commission does not compile and otherwise does not 
have access to information on the revenue of NCE stations that would 
permit it to determine how many such stations would qualify as small 
entities. There are also 2,300 low power television stations, including 
Class A stations (LPTV) and 3,681 TV translator stations. Given the 
nature of these services, the Commission will presume that all of these 
entities qualify as small entities under the above SBA small business 
size standard.
    44. The Commission notes, however, that in assessing whether a 
business concern qualifies as ``small'' under the above definition, 
business (control) affiliations must be included. The Commission's 
estimate, therefore likely overstates the number of small entities that 
might be affected by its action, because the revenue figure on which it 
is based does not include or aggregate revenues from affiliated 
companies. In addition, another element of the definition of ``small 
business'' requires that an entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific television 
broadcast station is dominant in its field of operation. Accordingly, 
the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business 
on this basis and is therefore possibly over-inclusive. Also, as noted 
above, an additional element of the definition of ``small business'' is 
that the entity must be independently owned and operated. The 
Commission notes that it is difficult at times to assess these criteria 
in the context of media entities and its estimates of small businesses 
to which they apply may be over-inclusive to this extent.
    45. 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)).
    46. 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, the Commission estimates 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

[[Page 39866]]

approximately 86 incumbent BRS licensees that are considered small 
entities (18 incumbent BRS licensees do not meet the small business 
size standard). After adding the number of small business auction 
licensees to the number of incumbent licensees not already counted, 
there are currently approximately 133 BRS licensees that are defined as 
small businesses under either the SBA or the Commission's rules.
    47. In 2009, the Commission conducted Auction 86, the sale of 78 
licenses in the BRS areas. The Commission offered three levels of 
bidding credits: (i) 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; (ii) 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 (iii) 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 4 licenses; one bidder that claimed very small business 
status won three licenses; and two bidders that claimed entrepreneur 
status won six licenses.
    48. EBS--Educational Broadband Service has been included within the 
broad economic census category and SBA size standard for Wired 
Telecommunications Carriers since 2007. 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 
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. In addition to U.S. Census 
Bureau data, the Commission's Universal Licensing System indicates that 
as of October 2014, there are 2,206 active EBS licenses. The Commission 
estimates that of these 2,206 licenses, the majority are held by non-
profit educational institutions and school districts, which are by 
statute defined as small businesses.
d. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    49. The excavation or deployment boundaries of an eligible 
facilities request poses significant policy implications associated 
with the Commission's Section 6409(a) rules. The Commission anticipates 
that any rule changes that result from the NPRM will provide certainty 
for providers, state and local governments, and other entities 
interpreting the Section 6409(a) rules. In the NPRM, the Commission 
seeks comment on changes to its rules regarding the definition of a 
``site'' surrounding a tower, as well as streamlined treatment pursuant 
to the Section 6409 rules for an excavation or deployments outside the 
boundaries of an existing tower site. The Commission does not believe 
that its resolution of these matters will create any new reporting, 
recordkeeping, or other compliance requirements for small entities or 
others that will be impacted by this decision.
    50. Specifically, the Commission proposes to amend the definition 
of the term ``site'' in Section 1.6100(b)(6) to make clear that 
``site'' refers to the current boundary of the leased or owned property 
surrounding the tower and any access or utility easements currently 
related to the site on the date the facility was last reviewed and 
approved by a locality. In addition, the Commission proposes to change 
its rules to allow streamlined treatment under the Section 6409 rules 
for ``compound expansions'' (i.e., excavation or facility deployments 
outside the current boundaries of a macro tower compound) of up to 30 
feet in any direction outside the boundary of a site. This change to 
the existing rule, which was requested by industry commenters, is 
opposed by state and local government jurisdictions, and was previously 
considered but not adopted by the Commission in the 2014 Infrastructure 
Order. The NPRM also seeks comment on whether to revise the definition 
of ``site'' without making the proposed change to allow for excavation 
or deployment of up to 30 feet outside the site. It seeks further 
comment on whether to define site in Section 1.6100(b)(6) as the 
boundary of the leased or owned property surrounding the tower and any 
access or utility easements related to the site as of the date an 
applicant submits a modification request.
    51. The Commission does not anticipate rule changes resulting from 
the NPRM to cause any new recordkeeping, reporting, or compliance 
requirements for entities preparing eligible facilities requests under 
Section 6409(a) because entities are required to submit construction 
proposals outlining the work to be done regardless of whether the 
project qualifies as an eligible facilities request under Section 
6409(a). Additionally, while the Commission does not anticipate that 
any action it takes on the matters raised in the NPRM will require 
small entities to hire attorneys, engineers, consultants, or other 
professionals to comply, the Commission cannot quantify the cost of 
compliance with the potential changes discussed in the NPRM. As part of 
the invitation for comment however, the Commission requests that 
parties discuss any tangible benefits and any adverse effects as well 
as alternative approaches and any other steps the Commission should 
consider taking on these matters. The Commission expects the 
information it receives in comments to help the Commission identify and 
evaluate relevant matters for small entities, including compliance 
costs and other burdens that may result from the matters raised in the 
NPRM.
e. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    52. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
developing 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 such 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 such small 
entities.
    53. The Commission believes that clarifying the parameters of 
excavation or deployment within or around a ``site'' under Section 
1.6100 will provide more certainty to relevant parties and enable small 
entities and others to navigate more effectively state and local 
application processes. As a result, the Commission anticipates that any 
clarifying rule changes on which the NPRM seeks comment may help reduce

[[Page 39867]]

the economic impact on small entities that may need to deploy wireless 
infrastructure by reducing the cost and delay associated with the 
deployment of such infrastructure.
    54. To assist the Commission in its evaluation of the economic 
impact on small entities, and of such a rule change generally, and to 
better explore options and alternatives, the NPRM asks commenters to 
discuss any benefits or drawbacks to small entities associated with 
making such a rule change. Specifically, the Commission inquires 
whether there are any specific, tangible benefits or harms from 
changing the definition of ``site'' or applying Section 6409(a)'s 
streamlined process to compound expansions, which may include an 
unequal burden on small entities.
    55. The Commission is mindful that there are potential impacts from 
its decisions for small entity industry participants as well as for 
small local government jurisdictions. The Commission is hopeful that 
the comments received will illuminate the effect and impact of the 
proposed regulations in the NPRM on small entities and small local 
government jurisdictions, the extent to which the regulations would 
relieve any burdens on small entities, including small local government 
jurisdictions, and whether there are any alternatives the Commission 
could implement that would achieve the Commission's goals while at the 
same time minimizing or further reducing the economic impact on small 
entities, including small local government jurisdictions.
    56. The Commission expects to consider more fully the economic 
impact on small entities following its review of comments filed in 
response to the NPRM. The Commission's evaluation of the comments filed 
in this proceeding will shape the final alternatives it considers, the 
final conclusions it reaches, and any final actions it ultimately takes 
in this proceeding to minimize any significant economic impact that may 
occur on small entities, including small local government 
jurisdictions.
f. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    57. None.

B. Comment Filing Procedures.

    58. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 445 12th Street SW, Washington 
DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
     During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.

C. People With Disabilities.

    59. 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).

D. Ex Parte Rules--Permit-But-Disclose.

    60. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Rule 1.1206(b). In proceedings governed by 
Rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

E. Paperwork Reduction Act.

    61. This Notice of Proposed Rulemaking does not contain proposed 
information collection(s) subject to the Paperwork Reduction Act of 
1995 (PRA), Public Law 104-13. In addition, therefore, it does not 
contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).

III. Ordering Clauses

    62. Accordingly, it is ordered, pursuant to Sections 1, 4(i) 
through (j), 7, 201, 253, 301, 303, 309, 319, and 332 of the 
Communications Act of 1934, as amended, and Section 6409 of the Middle 
Class Tax Relief and Job Creation Act of 2012, as amended, 47 U.S.C. 
151, 154(i) through (j), 157, 201, 253, 301, 303, 309, 319, 332, 1455 
that this Notice of Proposed Rulemaking in

[[Page 39868]]

WT Docket No. 19-250 and RM-11849 IS hereby ADOPTED.
    63. It is further ordered that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

    Federal Communications Commission
Marlene Dortch.
Secretary.
[FR Doc. 2020-13950 Filed 7-1-20; 8:45 am]
BILLING CODE 6712-01-P