Practice and Procedure, CORES Registration System, 59858-59868 [2021-20544]
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the State Plan is not
approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 28,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Incorporation
by reference, Intergovernmental
relations, Reporting and recordkeeping
requirements, Sulfur oxides, and Waste
treatment and disposal.
Dated: October 25, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 62 as
follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLAN
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart W—[Amended]
2. In subpart W, remove the
undesignated center heading ‘‘Plan for
the Control of Designated Pollutants
From Existing Facilities (Section 111(d)
Plan)’’.
■ 3. Revise § 62.5340 to read as follows:
■
§ 62.5340
Identification of plan.
(a) Identification of plan.
Massachusetts Plan for the Control of
Designated Pollutants from Existing
Plants (Section 111(d) Plan).
(b) Official submission of plan.
Revised State Plan for the control of
metals, acid gases, organic compounds
and nitrogen oxide emissions from
existing municipal waste combustors—
as submitted December 18, 2018, by the
Massachusetts Department of
Environmental Protection. The plan
includes the regulatory provisions cited
in paragraph (d) of this section, which
EPA incorporates by reference.
(c) Identification of sources. The plan
applies to existing sources in the
following categories of sources:
(1) Municipal waste combustors.
(2) [Reserved]
(d) Incorporation by reference. (1) The
material incorporated by reference in
this section was approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. You may obtain copies at
the EPA Region 1 Regional Office, Air
and Radiation Division, 5 Post Office
Square–Suite 100, Boston, MA, 617–
918–1078 and from the source listed in
paragraph (d)(2) of this section. You
may also inspect the materials at the
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National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, email fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(2) Commonwealth of Massachusetts,
Massachusetts Department of
Environmental Protection. 1 Winter
Street, Boston, Massachusetts 02108,
617–292–5500, mass.gov/orgs/
massachusetts-department-ofenvironmental-protection; Code of
Massachusetts Regulations (CMR):
(i) 310 CMR 7.08(2): Title 310—
Department of Environmental
Protection, chapter 7.00—Air Pollution
Control, section 7.08—U Incinerators,
paragraph (2) ‘‘Municipal Waste
Combustors,’’ in effect March 9, 2018 (as
corrected and revised through August
21, 1998), excluding the following:
subparagraph (2)(a) ‘‘Site Assignment’’;
the definition of ‘‘materials separation
plan’’ in subparagraph (2)(c); and
subparagraph (2)(f)8. ‘‘Material
Separation Plan’’.
(ii) [Reserved]
§ 62.5425
[Amended]
4. In § 62.5425, remove and reserve
paragraph (a)(1).
■
[FR Doc. 2021–23545 Filed 10–28–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MD Docket No. 10–234; FCC 21–79; FR ID
46781]
Practice and Procedure, CORES
Registration System
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) adopts a Report and
Order to require entities and individuals
doing business with the Commission to
provide a valid email address when they
register for FCC Registration Numbers
(FRNs) and to keep the email
information current along with other
information used to register.
DATES: Effective November 29, 2021.
The non-substantive change to an
information collection effected by the
revision to § 1.8002(b)(2) of the
Commission’s rules was approved by
the Office of Management and Budget
(OMB) on August 11, 2021.
FOR FURTHER INFORMATION CONTACT: Hua
Lu, Financial Systems Operations
SUMMARY:
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Group, Office of Managing Director,
hua.lu@fcc.gov; 202.418.2424.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, in MD Docket No. 10–234,
FCC 21–79, adopted on June 21, 2021
and released on June 22, 2021. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC
Reference Center, 45 L Street NE,
Washington, DC 20554, or by
downloading the text from the
Commission’s website at https://
docs.fcc.gov/public/attachments/FCC21-79A1.pdf.
Synopsis
I. Administrative Matters
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory
Flexibility Act of 1980 (RFA), the
Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
relating to this Report and Order. The
FRFA is located towards the end of this
document.
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B. Final Paperwork Reduction Act of
1995 Analysis
2. The Report and Order adopts a new
information collection requirement
subject to the Paperwork Reduction Act
of 1995 (PRA). The new information
collection requirement was submitted to
the Office of Management and Budget
(OMB) for review under section 3507(d)
of the PRA and pre-approved on March
15, 2011. In addition, the Report and
Order adopts a non-substantive change
to an existing approved information
collection. This non-substantive change
was approved by OMB on August 11,
2021.
C. Congressional Review Act.
3. The Commission has determined,
and the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that these rules are non-major
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this Report and Order to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
4. In 2000, the Commission
established CORES, a web-based,
password-protected, registration system
that assigns a unique 10-digit FRN to a
registrant for use when doing business
with the FCC. While initially voluntary,
in 2001 the Commission established that
individuals and entities were required
to obtain FRNs and supply FRNs when
doing business with the Commission.
Section 1.8002(b)(1) of the
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Commission’s rules lists the information
currently required from entities seeking
to register for an FRN. Email address
information has not been previously
required under the rule. Section
1.8002(b)(2) requires that the
information used to register for an FRN
be kept current by the registrant.
5. In 2010, the Commission proposed
modifications to CORES, seeking
comment targeted at making CORES
more user and feature-friendly and
eliminating some of the system’s thencurrent limitations. The 2010 notice of
proposed rulemaking (NPRM) (76 FR
5652, Feb. 1, 2011) sought comment
about potential changes to the FRN
requirements, including whether email
addresses should be required to be
provided as part of the CORES
registration process. The Commission
tentatively concluded that ‘‘[g]iven the
significant increase in the use of and
dependence on email in the years since
CORES first became operational’’ all
FRN holders should be required to
provide an email address upon
registering in CORES. The Commission
also tentatively concluded that entities
and individuals should be required to
validate email addresses at the time of
registration by clicking on a link that
CORES would automatically send to the
email address that was provided.
6. In 2016, the Office of Managing
Director (OMD) posted an upgraded
version of CORES on the Commission’s
website providing FRN registrants more
user-friendly and secure features such
as enabling existing and new users to
designate usernames to access FRNs and
allowing registrants to establish
multiple usernames for each FRN with
different levels of access. Password
recovery, already a feature of the legacy
CORES, was also a component of the
new version of CORES, providing users
with password-recovery security
questions to enable them to recover
forgotten passwords. Although the new
CORES has been available since 2016,
the original ‘‘legacy’’ version of CORES
has also remained available and in use
for FRN registration. Maintaining both
the new and legacy CORES on the
Commission’s website is consistent with
the Commission’s practice of rolling out
upgrades to the CORES systems on a
voluntary basis before making such
changes mandatory.
7. Entities and individuals that
register for FRNs in the new version of
CORES must provide email address
information which is verified through
an email verification link in the FCC
User Registration System. An email
address remains an optional information
request in legacy CORES. The current
version of the paper forms for obtaining
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or updating an FRN, FCC Forms 160 and
161, however, require filers to provide
a contact email address as part of the
registration process.
II. Report and Order
8. We amend § 1.8002(b) of the
Commission’s rules to require entities
and individuals doing business with the
Commission to provide their email
addresses when they register for FRNs
and to keep the email information
current along with other information
used to register. We find that it is in the
public interest to require email address
information as part of the FRN
registration process and to maintain a
valid email address for all FRN
registrants. This change will enable
OMD to remove access to legacy CORES
from the Commission’s website at a later
date and maintain only the modernized
version of CORES for FRN registration.
The new CORES is a more efficient and
secure system for managing the
Commission’s financial and
management matters. The change will
also be more user-friendly and
streamlined for CORES registrants that
currently must decide between two
versions of CORES.
9. The Commission received several
comments on the proposal to require
email addresses as part of CORES
registration. Sprint, AT&T, and Frontier
supported the Commission’s proposal to
collect email addresses for FRN holders
and also supported the Commission
using email address information to
communicate with FRN holders. Sprint,
for example, maintained that such a
mandate ‘‘will help avoid misrouted
inquiries and delayed responses
between entities and the Commission.’’
The National Association for Amateur
Radio (ARRL) and Blooston Law,
however, argued for email address
information to remain optional. ARRL
asserted that certain individuals do not
have and cannot obtain email addresses,
such as those that are economically
disadvantaged, those that live in very
rural areas, and children. Blooston Law
highlights that internet access is less
available and can be absent in very
remote areas. It also suggested that some
FRN users do not subscribe to an
internet service due to cost and asserted
that the best methods for
communication remain telephone and
U.S. Mail, so that in the event of an
absence, another contact representative
is able to address the matter.
10. Although some individuals may
lack resources or connectivity for a
personal or home internet service, as
compared to what was present at the
time of the comment window for the
2010 NPRM, there is wide availability of
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free or low cost public internet access
today. For example, users may access
the internet for free in public libraries,
and also in schools that offer internet
connectivity for after-hours community
use. Also, other Commission
proceedings have demonstrated that
there is a vast majority of entities that
already communicate with the
Commission electronically. If there are
entities and individuals that seek to do
business with the Commission that lack
access to internet service, they may
need to use a proxy to register for an
FRN with a valid email address, such as
children seeking amateur radio licenses
who rely on a parent or guardian to
assist with the licensing process.
Registrants are also able to use online
support services or call a help desk to
ask questions and receive help with
their registrations.
11. The public benefit of adopting this
rule change, which will enable the
Commission to retire legacy CORES and
retain the new CORES to deliver
enhanced features and security,
outweighs the potential burdens that
may be faced by a small subset of users
to provide email address information.
Because it helps authenticate the
individuals who will be utilizing the
Commission’s information systems, the
new CORES is a more secure tool for the
Commission and external users through
the use of personal username
registration and email verification. An
email address is a unique ID and/or
digital identity for each user that not
only helps ensure the FCC provides
better service and user experience based
on data collected per a registered email
address, it differentiates one user from
another by establishing a digital identity
to each person. By using an established
email address and associated password,
a user is granted appropriate access to
do business with FCC.
12. Requiring email address
information as part of FRN registration
and requiring users to keep up-to-date
email addresses in CORES will enable
the Commission to fully finalize its shift
from U.S. Postal Service delivery to
electronic delivery of notices and other
correspondence related to CORES.
Therefore, retiring legacy CORES allows
the Commission to operate more
efficiently and effectively by freeing up
the resources currently being used to
maintain and operate two CORES
systems, and by allowing the
Commission to email CORES registrants
CORES and FRN-related information
rather than needing to send this
information in mailed letters. We
provide further guidance on OMD’s
implementation of this transition below.
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13. Implementation of the Rule
Change. After the rule revision goes into
effect, we direct OMD to announce by
public notice the end date for access to
legacy CORES. To streamline this
transition and best prepare for any
upcoming Commission business, new
and current registrants are encouraged
to use the modernized CORES as soon
as possible. Because the modernized
CORES has been available since 2016,
users do not need to wait for legacy
CORES to be retired or for the rule
change announced here to go into effect
to take this step.
14. Retiring legacy CORES will
primarily impact three groups of CORES
users. First, users seeking to make
changes related to their FRN will need
to do so in the new CORES by
associating with their FRN a userspecific identification (username) and
password to continue managing their
FRN. Second, any person or entity that
does not yet have an FRN, but seeks to
do business with the Commission, will
use the new CORES to register. Third,
users that forget their password and
seek to reset their password online will
use the new CORES to reset their
password.
15. After the legacy CORES is retired,
we delegate authority to OMD to allow
users that obtained their FRN through
legacy CORES and have not associated
a valid email address with their FRN, to
continue to use that FRN without an
associated valid email address for a
limited period. OMD, in consultation
with the Commission’s Chief
Information Officer, will determine
what steps to take to bring such users
into compliance and ensure that the
benefits of the rule change are fully
utilized. We note, however, that this
limited flexibility with respect to
CORES does not negate the fact that
certain Commission information
systems and applications currently
require, or may in the future require,
valid email address information to gain
entry or otherwise use such systems.
16. We are also deleting § 1.8002(e) of
the Commission’s rules because it is out
of date. FRNs must be assigned through
CORES and cannot be assigned by the
Billing and Collection Agent for North
American Numbering Plan
Administration and the Administrators
of the Universal Service Fund and the
Telecommunications Relay Services
Fund as suggested in § 1.8002(e).
17. Paperwork Reduction Act
Analysis. The Report and Order adopts
a new information collection
requirement subject to the Paperwork
Reduction Act of 1995 (PRA). The new
information collection requirement was
submitted to the Office of Management
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and Budget (OMB) for review under
section 3507(d) of the PRA and preapproved on March 15, 2011. In
addition, the Report and Order adopts a
non-substantive change to an existing
approved information collection. This
non-substantive change was approved
by OMB on August 11, 2021.
18. Final Regulatory Flexibility
Analysis. As required by the Regulatory
Flexibility Act of 1980 (RFA) the
Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
relating to this Report and Order.
III. Final Regulatory Flexibility
Analysis
19. As required by the Regulatory
Flexibility Act of 1980, as amended
(‘‘RFA’’) we incorporated an Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on a substantial number of small
entities by the policies and rules
proposed in the 2010 NPRM. No
comments were filed addressing the
IRFA. Because we amend a Commission
rule in this Report and Order, we have
included this Final Regulatory
Flexibility Analysis (FRFA). This
present FRFA conforms to the RFA.
A. Need for and Objectives of the
Proposed Rules
20. In the Report and Order, the
Commission amends § 1.8002(b) of the
Commission’s rules to require entities
and individuals doing business with the
Commission, or seeking to business
with the Commission, to provide their
email addresses when they register for
FRNs and to keep the email information
current along with other information
used to register. This change finalizes
the requirement for CORES users to
provide email address information as
part of FRN registration: Email address
submission is a requirement only in the
newer, modernized version of CORES.
With this change, the Commission will
be able to end access to the original
‘‘legacy’’ CORES that has been available
since the Commission established
CORES in 2000 for FRN registration,
and transition CORES users to the
updated version of CORES for FRN
registration. The updated version of
CORES that will replace legacy CORES
is a more efficient and secure system for
managing the Commission’s financial
management matters because it will
allow the Commission to email CORES
registrants CORES and FRN-related
information rather than require the use
of U.S. Postal Service delivery, and the
new CORES employs identity and
access management for authenticating
and authorizing access to the system.
The email requirements named herein
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are the only specific requirements being
adopted in this Report and Order.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
21. There were no comments received
in response to the IRFA.
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C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
22. 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. The Chief
Counsel did not file any 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
23. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration.
24. The changes or additions to the
Commission’s part 1 rules that will be
made as a result of the Report and Order
are of general applicability to all
services, applying to all entities of any
size that apply for or hold Commission
licenses, permits, certifications, etc., as
well as entities or individuals that have
attributable ownership interests in such
entities, and have already obtained or
will in the future obtain a unique
identifying number through CORES
called an FCC Registration Number, or
‘‘FRN.’’
25. 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 broad groups of small entities that
could be directly affected herein. First,
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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. Next, the type of small
entity described as a ‘‘small
organization’’ is generally ‘‘any not-forprofit 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. 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, we
estimate that at least 48,971 entities fall
into the category of ‘‘small
governmental jurisdictions.’’
E. Providers of Telecommunications and
Other Services
26. 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
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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.
27. Local Resellers. The SBA has not
developed a small business size
standard specifically for Local Resellers.
The SBA category of
Telecommunications Resellers is the
closest NAICs code category for local
resellers. The Telecommunications
Resellers industry comprises
establishments engaged in purchasing
access and network capacity from
owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. Under the SBA’s size
standard, such a business is small if it
has 1,500 or fewer employees. U.S.
Census Bureau data from 2012 show
that 1,341 firms provided resale services
during that year. Of that number, all
operated with fewer than 1,000
employees. Thus, under this category
and the associated small business size
standard, the majority of these resellers
can be considered small entities.
According to Commission data, 213
carriers have reported that they are
engaged in the provision of local resale
services. Of these, an estimated 211
have 1,500 or fewer employees and two
have more than 1,500 employees.
Consequently, the Commission
estimates that the majority of local
resellers are small entities.
28. Toll Resellers. The Commission
has not developed a definition for Toll
Resellers. The closest NAICS Code
Category is Telecommunications
Resellers. The Telecommunications
Resellers industry comprises
establishments engaged in purchasing
access and network capacity from
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owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. MVNOs are included in
this industry. The SBA has developed a
small business size standard for the
category of Telecommunications
Resellers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. 2012 Census Bureau
data show that 1,341 firms provided
resale services during that year. Of that
number, 1,341 operated with fewer than
1,000 employees. Thus, under this
category and the associated small
business size standard, the majority of
these resellers can be considered small
entities. According to Commission data,
881 carriers have reported that they are
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of toll
resellers are small entities.
29. Payphone Service Providers
(‘‘PSPs’’). The Commission has not
developed a definition for Payphone
Service Providers. The closest NAICS
Code Category is Telecommunications
Resellers. The Telecommunications
Resellers industry comprises
establishments engaged in purchasing
access and network capacity from
owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. MVNOs are included in
this industry. The SBA has developed a
small business size standard for the
category of Telecommunications
Resellers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. 2012 Census Bureau
data show that 1,341 firms provided
resale services during that year. Of that
number, 1,341 operated with fewer than
1,000 employees. Thus, under this
category and the associated small
business size standard, the majority of
these resellers can be considered small
entities. According to Commission data,
881 carriers have reported that they are
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
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estimates that the majority of toll
resellers are small.
30. Prepaid Calling Card Providers.
Neither the Commission nor the SBA
has developed a small business size
standard specifically for prepaid calling
card providers. The appropriate size
standard under SBA rules is for the
category Telecommunications Resellers.
The Telecommunications Resellers
industry comprises establishments
engaged in purchasing access and
network capacity from owners and
operators of telecommunications
networks and reselling wired and
wireless telecommunications services
(except satellite) to businesses and
households. Establishments in this
industry resell telecommunications;
they do not operate transmission
facilities and infrastructure. MVNOs are
included in this industry. The SBA has
developed a small business size
standard for the category of
Telecommunications Resellers. Under
that size standard, such a business is
small if it has 1,500 or fewer employees.
2012 Census Bureau data show that
1,341 firms provided resale services
during that year. Of that number, 1,341
operated with fewer than 1,000
employees. Thus, under this category
and the associated small business size
standard, the majority of these resellers
can be considered small entities.
According to Commission data, 881
carriers have reported that they are
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of Prepaid
Calling Card Providers are small.
31. 800 and 800-Like Service
Subscribers. Neither the Commission
nor the SBA has developed a small
business size standard specifically for
800 and 800-like service (‘‘toll free’’)
subscribers. The appropriate size
standard under SBA rules is for the
category Telecommunications Resellers.
The Telecommunications Resellers
industry comprises establishments
engaged in purchasing access and
network capacity from owners and
operators of telecommunications
networks and reselling wired and
wireless telecommunications services
(except satellite) to businesses and
households. Establishments in this
industry resell telecommunications;
they do not operate transmission
facilities and infrastructure. MVNOs are
included in this industry. The SBA has
developed a small business size
standard for the category of
Telecommunications Resellers. Under
that size standard, such a business is
small if it has 1,500 or fewer employees.
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2012 Census Bureau data show that
1,341 firms provided resale services
during that year. Of that number, 1,341
operated with fewer than 1,000
employees. Thus, under this category
and the associated small business size
standard, the majority of these resellers
can be considered small entities.
According to Commission data, 881
carriers have reported that they are
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of 800 and
800-Like Service Providers are small.
32. 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, we
estimate that the majority of satellite
telecommunications providers are small
entities.
33. 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 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 annual
receipts of $35 million or less. For this
category, U.S. Census Bureau data for
2012 shows that there were 1,442 firms
that operated for the entire year. Of
those firms, a total of 1,400 had annual
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receipts less than $25 million. Thus, the
Commission estimates that the majority
of ‘‘All Other Telecommunications’’
firms potentially affected by our action
can be considered small.
34. 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.
Thus, under this category and the
associated size standard, the
Commission estimates that the majority
of wireless telecommunications carriers
(except satellite) are small entities.
35. 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. Based on this data we therefore
estimate that the majority of commercial
television broadcasters are small entities
under the applicable SBA size standard.
36. 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 $41.5 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
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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, we will presume that all of
these entities qualify as small entities
under the above SBA small business
size standard.
37. We note, however, that in
assessing whether a business concern
qualifies as ‘‘small’’ under the above
definition, business (control) affiliations
must be included. Our estimate,
therefore likely overstates the number of
small entities that might be affected by
our 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. We are 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.
38. Radio Stations. This Economic
Census category ‘‘comprises
establishments primarily engaged in
broadcasting aural programs by radio to
the public.’’ The SBA has created the
following small business size standard
for this category: Those having $41.5
million or less in annual receipts.
Census data for 2012 show that 2,849
firms in this category operated in that
year. Of this number, 2,806 firms had
annual receipts of less than $25 million.
Because the Census has no additional
classifications that could serve as a basis
for determining the number of stations
whose receipts exceeded $41.5 million
in that year, we conclude that the
majority of radio broadcast stations were
small entities under the applicable SBA
size standard. In addition, the
Commission has estimated the number
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of noncommercial educational FM radio
stations to be 4,122. NCE stations are
non-profit, and therefore considered to
be small entities.
39. Auxiliary, Special Broadcast and
Other Program Distribution Services.
This service involves a variety of
transmitters, generally used to relay
broadcast programming to the public
(through translator and booster stations)
or within the program distribution chain
(from a remote news gathering unit back
to the station). Neither the SBA nor the
Commission has developed a size
standard applicable to broadcast
auxiliary licensees. The closest
applicable SBA category and small
business size standard falls under Radio
Stations and Television Broadcasting.
The SBA size standard for radio stations
is $41.5 million per year. 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. For
Television Broadcasting the SBA small
business size standard is such
businesses having $41.5 million or less
in annual receipts. U.S. Census Bureau
data show that 751 firms in this category
operated in that year. Of that number,
656 had annual receipts of $25,000,000
or less. Accordingly, based on the U.S.
Census Bureau data for Radio Stations
and Television Broadcasting, the
Commission estimates that the majority
of Auxiliary, Special Broadcast and
Other Program Distribution Services
firms are small.
40. Cable Companies and Systems
(Rate Regulation). The Commission has
also 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 4,600 active cable systems in
the United States. Of this total, all but
five 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.
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
41. Internet Service Providers.
Broadband internet service providers
include wired (e.g., cable, DSL) and
VoIP service providers using their own
operated wired telecommunications
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infrastructure 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
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 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.
Consequently, under this size standard
the majority of firms in this industry can
be considered small.
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F. Schools and Libraries
42. Schools. While the Commission
does define entities eligible to
participate in the E-Rate program,
neither the Commission nor the SBA
have a size standard for small entities
specifically applicable to schools. Under
the E-Rate program, which provides
support for elementary and secondary
schools and libraries, an elementary
school is generally ‘‘a non-profit
institutional day or residential school
that provides elementary education, as
determined under state law.’’ A
secondary school is generally defined as
‘‘a non-profit institutional day or
residential school that provides
secondary education, as determined
under state law,’’ and not offering
education beyond grade 12. For-profit
schools, and schools with endowments
in excess of $50,000,000, are not eligible
to receive discounts under the E-Rate
program.
43. Although the SBA does not have
a size standard for small entities
specifically applicable to schools, the
closest NAICS Code category is
Elementary and Secondary Schools
under the subsector Educational
Services. The SBA has developed a
small business size standard for
Elementary and Secondary Schools
which consists of all such entities with
gross annual receipts of $12 million or
less. In funding year 2017,
approximately 104,500 schools received
funding under the schools and libraries
universal service mechanism. Although
we are unable to estimate the exact
number of these entities that would
qualify as small entities under SBA’s
size standard, we estimate that fewer
than 104,500 schools might be affected
by our action.
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44. Libraries. The Commission does
have definitions for entities that
participate in the E-Rate program but
neither the Commission nor the SBA
have a size standard for small entities
specifically applicable to libraries.
Under the E-Rate program, which
provides support for libraries, a library
includes ‘‘(1) a public library, (2) a
public elementary school or secondary
school library, (3) an academic library,
(4) a research library [] and (5) a private
library, but only if the state in which
such private library is located
determines that the library should be
considered a library for the purposes of
this definition.’’ For-profit libraries, are
not eligible to receive discounts under
the program, nor are libraries whose
budgets are not completely separate
from any schools.
45. Although the SBA does not have
a size standard for small entities
specifically applicable to libraries, the
closest NAICS Code category is Libraries
and Archives. The SBA has developed
a small business size standard for
Libraries and Archives which consists
of all such entities with gross annual
receipts of $16.5 million or less. In
funding year 2017, approximately
11,490 libraries received funding under
the schools and libraries universal
service mechanism. Although we are
unable to estimate the exact number of
these entities that would qualify as
small entities under SBA’s size
standard, we estimate that fewer than
11,490 libraries might be affected
annually by our action.
G. Health Care Providers
46. Offices of Physicians (except
Mental Health Specialists). This U.S.
industry comprises establishments of
health practitioners having the degree of
M.D. (Doctor of Medicine) or D.O.
(Doctor of Osteopathy) primarily
engaged in the independent practice of
general or specialized medicine (except
psychiatry or psychoanalysis) or
surgery. These practitioners operate
private or group practices in their own
offices (e.g., centers, clinics) or in the
facilities of others, such as hospitals or
health maintenance organization (HMO)
medical centers. The SBA has created a
size standard for this industry, which is
annual receipts of $11 million or less.
According to 2012 U.S. Economic
Census, 152,468 firms operated
throughout the entire year in this
industry. Of that number, 147,718 had
annual receipts of less than $10 million.
Based on this data, we conclude that a
majority of firms operating in this
industry are small under the applicable
size standard.
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47. Offices of Physicians, Mental
Health Specialists. The U.S. industry
comprises establishments of health
practitioners having the degree of M.D.
(Doctor of Medicine) or D.O. (Doctor of
Osteopathy) primarily engaged in the
independent practice of psychiatry or
psychoanalysis. These practitioners
operate private or group practices in
their own offices (e.g., centers, clinics)
or in the facilities of others, such as
hospitals or HMO medical centers. The
SBA has established a size standard for
businesses in this industry, which is
annual receipts of $12 million dollars or
less. The U.S. Economic Census
indicates that 8,809 firms operated
throughout the entire year in this
industry. Of that number 8,791 had
annual receipts of less than $10 million.
Based on this data, we conclude that a
majority of firms in this industry are
small under the applicable standard.
48. Offices of Dentists. This U.S.
industry comprises establishments of
health practitioners having the degree of
D.M.D. (Doctor of Dental Medicine),
D.D.S. (Doctor of Dental Surgery), or
D.D.S. (Doctor of Dental Science)
primarily engaged in the independent
practice of general or specialized
dentistry or dental surgery. These
practitioners operate private or group
practices in their own offices (e.g.,
centers, clinics) or in the facilities of
others, such as hospitals or HMO
medical centers. They can provide
either comprehensive preventive,
cosmetic, or emergency care, or
specialize in a single field of dentistry.
The SBA has established a size standard
for that industry of annual receipts of
$8.0 million or less. The 2012 U.S.
Economic Census indicates that 115,268
firms operated in the dental industry
throughout the entire year. Of that
number 114,417 had annual receipts of
less than $5 million. Based on this data,
we conclude that a majority of business
in the dental industry are small under
the applicable standard.
49. Offices of Chiropractors. This U.S.
industry comprises establishments of
health practitioners having the degree of
DC (Doctor of Chiropractic) primarily
engaged in the independent practice of
chiropractic. These practitioners
provide diagnostic and therapeutic
treatment of neuromusculoskeletal and
related disorders through the
manipulation and adjustment of the
spinal column and extremities, and
operate private or group practices in
their own offices (e.g., centers, clinics)
or in the facilities of others, such as
hospitals or HMO medical centers. The
SBA has established a size standard for
this industry, which is annual receipts
of $8.0 million or less. The 2012 U.S.
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Economic Census statistics show that in
2012, there were 33,940 firms operated
throughout the entire year. Of that
number 33,910 operated with annual
receipts of less than $5 million per year.
Based on that data, we conclude that a
majority of chiropractors are small.
50. Offices of Optometrists. This U.S.
industry comprises establishments of
health practitioners having the degree of
O.D. (Doctor of Optometry) primarily
engaged in the independent practice of
optometry. These practitioners examine,
diagnose, treat, and manage diseases
and disorders of the visual system, the
eye and associated structures as well as
diagnose related systemic conditions.
Offices of optometrists prescribe and/or
provide eyeglasses, contact lenses, low
vision aids, and vision therapy. They
operate private or group practices in
their own offices (e.g., centers, clinics)
or in the facilities of others, such as
hospitals or HMO medical centers, and
may also provide the same services as
opticians, such as selling and fitting
prescription eyeglasses and contact
lenses. The SBA has $8.0 established a
size standard for businesses operating in
this industry, which is annual receipts
of million or less. The 2012 Economic
Census indicates that 18,050 firms
operated the entire year. Of that
number, 17,951 had annual receipts of
less than $5 million. Based on this data,
we conclude that a majority of
optometrists in this industry are small.
51. Offices of Mental Health
Practitioners (except Physicians). This
U.S. industry comprises establishments
of independent mental health
practitioners (except physicians)
primarily engaged in (1) the diagnosis
and treatment of mental, emotional, and
behavioral disorders and/or (2) the
diagnosis and treatment of individual or
group social dysfunction brought about
by such causes as mental illness,
alcohol and substance abuse, physical
and emotional trauma, or stress. These
practitioners operate private or group
practices in their own offices (e.g.,
centers, clinics) or in the facilities of
others, such as hospitals or HMO
medical centers. The SBA has created a
size standard for this industry, which is
annual receipts of $8.0 million or less.
The 2012 U.S. Economic Census
indicates that 16,058 firms operated
throughout the entire year. Of that
number, 15,894 firms received annual
receipts of less than $5 million. Based
on this data, we conclude that a
majority of mental health practitioners
who do not employ physicians are
small.
52. Offices of Physical, Occupational
and Speech Therapists and
Audiologists. This U.S. industry
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comprises establishments of
independent health practitioners
primarily engaged in one of the
following: (1) Providing physical
therapy services to patients who have
impairments, functional limitations,
disabilities, or changes in physical
functions and health status resulting
from injury, disease or other causes, or
who require prevention, wellness or
fitness services; (2) planning and
administering educational, recreational,
and social activities designed to help
patients or individuals with disabilities,
regain physical or mental functioning or
to adapt to their disabilities; and (3)
diagnosing and treating speech,
language, or hearing problems. These
practitioners operate private or group
practices in their own offices (e.g.,
centers, clinics) or in the facilities of
others, such as hospitals or HMO
medical centers. The SBA has
established a size standard for this
industry, which is annual receipts of
$8.0 million or less. The 2012 U.S.
Economic Census indicates that 20,567
firms in this industry operated
throughout the entire year. Of this
number, 20,047 had annual receipts of
less than $5 million. Based on this data,
we conclude that a majority of
businesses in this industry are small.
53. Offices of Podiatrists. This U.S.
industry comprises establishments of
health practitioners having the degree of
D.P.M. (Doctor of Podiatric Medicine)
primarily engaged in the independent
practice of podiatry. These practitioners
diagnose and treat diseases and
deformities of the foot and operate
private or group practices in their own
offices (e.g., centers, clinics) or in the
facilities of others, such as hospitals or
HMO medical centers. The SBA has
established a size standard for
businesses in this industry, which is
annual receipts of $8.0 million or less.
The 2012 U.S. Economic Census
indicates that 7,569 podiatry firms
operated throughout the entire year. Of
that number, 7,545 firms had annual
receipts of less than $5 million. Based
on this data, we conclude that a
majority of firms in this industry are
small.
54. Offices of All Other Miscellaneous
Health Practitioners. This U.S. industry
comprises establishments of
independent health practitioners
(except physicians; dentists;
chiropractors; optometrists; mental
health specialists; physical,
occupational, and speech therapists;
audiologists; and podiatrists). These
practitioners operate private or group
practices in their own offices (e.g.,
centers, clinics) or in the facilities of
others, such as hospitals or HMO
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medical centers. The SBA has
established a size standard for this
industry, which is annual receipts of
$8.0 million or less. The 2012 U.S.
Economic Census indicates that 11,460
firms operated throughout the entire
year. Of that number, 11,374 firms had
annual receipts of less than $5 million.
Based on this data, we conclude the
majority of firms in this industry are
small.
55. Family Planning Centers. This
U.S. industry comprises establishments
with medical staff primarily engaged in
providing a range of family planning
services on an outpatient basis, such as
contraceptive services, genetic and
prenatal counseling, voluntary
sterilization, and therapeutic and
medically induced termination of
pregnancy. The SBA has established a
size standard for this industry, which is
annual receipts of $12 million or less.
The 2012 Economic Census indicates
that 1,286 firms in this industry
operated throughout the entire year. Of
that number 1,237 had annual receipts
of less than $10 million. Based on this
data, we conclude that the majority of
firms in this industry are small.
56. Outpatient Mental Health and
Substance Abuse Centers. This U.S.
industry comprises establishments with
medical staff primarily engaged in
providing outpatient services related to
the diagnosis and treatment of mental
health disorders and alcohol and other
substance abuse. These establishments
generally treat patients who do not
require inpatient treatment. They may
provide a counseling staff and
information regarding a wide range of
mental health and substance abuse
issues and/or refer patients to more
extensive treatment programs, if
necessary. The SBA has established a
size standard for this industry, which is
$16.5 million or less in annual receipts.
The 2012 U.S. Economic Census
indicates that 4,446 firms operated
throughout the entire year. Of that
number, 4,069 had annual receipts of
less than $10 million. Based on this
data, we conclude that a majority of
firms in this industry are small.
57. HMO Medical Centers. This U.S.
industry comprises establishments with
physicians and other medical staff
primarily engaged in providing a range
of outpatient medical services to the
HMO subscribers with a focus generally
on primary health care. These
establishments are owned by the HMO.
Included in this industry are HMO
establishments that both provide health
care services and underwrite health and
medical insurance policies. The SBA
has established a size standard for this
industry, which is $35 million or less in
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annual receipts. The 2012 U.S.
Economic Census indicates that 14 firms
in this industry operated throughout the
entire year. Of that number, 5 firms had
annual receipts of less than $25 million.
Based on this data, we conclude that
approximately one-third of the firms in
this industry are small.
58. Freestanding Ambulatory Surgical
and Emergency Centers. This U.S.
industry comprises establishments with
physicians and other medical staff
primarily engaged in (1) providing
surgical services (e.g., orthoscopic and
cataract surgery) on an outpatient basis
or (2) providing emergency care services
(e.g., setting broken bones, treating
lacerations, or tending to patients
suffering injuries as a result of
accidents, trauma, or medical
conditions necessitating immediate
medical care) on an outpatient basis.
Outpatient surgical establishments have
specialized facilities, such as operating
and recovery rooms, and specialized
equipment, such as anesthetic or X-ray
equipment. The SBA has established a
size standard for this industry, which is
annual receipts of $16.5 million or less.
The 2012 U.S. Economic Census
indicates that 3,595 firms in this
industry operated throughout the entire
year. Of that number, 3,222 firms had
annual receipts of less than $10 million.
Based on this data, we conclude that a
majority of firms in this industry are
small.
59. All Other Outpatient Care Centers.
This U.S. industry comprises
establishments with medical staff
primarily engaged in providing general
or specialized outpatient care (except
family planning centers, outpatient
mental health and substance abuse
centers, HMO medical centers, kidney
dialysis centers, and freestanding
ambulatory surgical and emergency
centers). Centers or clinics of health
practitioners with different degrees from
more than one industry practicing
within the same establishment (i.e.,
Doctor of Medicine and Doctor of Dental
Medicine) are included in this industry.
The SBA has established a size standard
for this industry, which is annual
receipts of $22 million or less. The 2012
U.S. Economic Census indicates that
4,903 firms operated in this industry
throughout the entire year. Of this
number, 4,269 firms had annual receipts
of less than $10 million. Based on this
data, we conclude that a majority of
firms in this industry are small.
60. Blood and Organ Banks. This U.S.
industry comprises establishments
primarily engaged in collecting, storing,
and distributing blood and blood
products and storing and distributing
body organs. The SBA has established a
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size standard for this industry, which is
annual receipts of $35 million or less.
The 2012 U.S. Economic Census
indicates that 314 firms operated in this
industry throughout the entire year. Of
that number, 235 operated with annual
receipts of less than $25 million. Based
on this data, we conclude that
approximately three-quarters of firms
that operate in this industry are small.
61. All Other Miscellaneous
Ambulatory Health Care Services. This
U.S. industry comprises establishments
primarily engaged in providing
ambulatory health care services (except
offices of physicians, dentists, and other
health practitioners; outpatient care
centers; medical and diagnostic
laboratories; home health care
providers; ambulances; and blood and
organ banks). The SBA has established
a size standard for this industry, which
is annual receipts of $16.5 million or
less. The 2012 U.S. Economic Census
indicates that 2,429 firms operated in
this industry throughout the entire year.
Of that number, 2,318 had annual
receipts of less than $10 million. Based
on this data, we conclude that a
majority of the firms in this industry are
small.
62. Medical Laboratories. This U.S.
industry comprises establishments
known as medical laboratories primarily
engaged in providing analytic or
diagnostic services, including body
fluid analysis, generally to the medical
profession or to the patient on referral
from a health practitioner. The SBA has
established a size standard for this
industry, which is annual receipts of
$35 million or less. The 2012 U.S.
Economic Census indicates that 2,599
firms operated in this industry
throughout the entire year. Of this
number, 2,465 had annual receipts of
less than $25 million. Based on this
data, we conclude that a majority of
firms that operate in this industry are
small.
63. Diagnostic Imaging Centers. This
U.S. industry comprises establishments
known as diagnostic imaging centers
primarily engaged in producing images
of the patient generally on referral from
a health practitioner. The SBA has
established size standard for this
industry, which is annual receipts of
$16.5 million or less. The 2012 U.S.
Economic Census indicates that 4,209
firms operated in this industry
throughout the entire year. Of that
number, 3,876 firms had annual receipts
of less than $10 million. Based on this
data, we conclude that a majority of
firms that operate in this industry are
small.
64. Home Health Care Services. This
U.S. industry comprises establishments
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primarily engaged in providing skilled
nursing services in the home, along with
a range of the following: Personal care
services; homemaker and companion
services; physical therapy; medical
social services; medications; medical
equipment and supplies; counseling; 24hour home care; occupation and
vocational therapy; dietary and
nutritional services; speech therapy;
audiology; and high-tech care, such as
intravenous therapy. The SBA has
established a size standard for this
industry, which is annual receipts of
$16.5 million or less. The 2012 U.S.
Economic Census indicates that 17,770
firms operated in this industry
throughout the entire year. Of that
number, 16,822 had annual receipts of
less than $10 million. Based on this
data, we conclude that a majority of
firms that operate in this industry are
small.
65. Ambulance Services. This U.S.
industry comprises establishments
primarily engaged in providing
transportation of patients by ground or
air, along with medical care. These
services are often provided during a
medical emergency but are not
restricted to emergencies. The vehicles
are equipped with lifesaving equipment
operated by medically trained
personnel. The SBA has established a
size standard for this industry, which is
annual receipts of $16.5 million. The
2012 U.S. Economic Census indicates
that 2,984 firms operated in this
industry throughout the entire year. Of
that number, 2,926 had annual receipts
of less than $15 million. Based on this
data, we conclude that a majority of
firms in this industry are small.
66. Kidney Dialysis Centers. This U.S.
industry comprises establishments with
medical staff primarily engaged in
providing outpatient kidney or renal
dialysis services. The SBA has
established assize standard for this
industry, which is annual receipts of
$41.5 million or less. The 2012 U.S.
Economic Census indicates that 396
firms operated in this industry
throughout the entire year. Of that
number, 379 had annual receipts of less
than $25 million. Based on this data, we
conclude that a majority of firms in this
industry are small.
67. General Medical and Surgical
Hospitals. This U.S. industry comprises
establishments known and licensed as
general medical and surgical hospitals
primarily engaged in providing
diagnostic and medical treatment (both
surgical and nonsurgical) to inpatients
with any of a wide variety of medical
conditions. These establishments
maintain inpatient beds and provide
patients with food services that meet
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their nutritional requirements. These
hospitals have an organized staff of
physicians and other medical staff to
provide patient care services. These
establishments usually provide other
services, such as outpatient services,
anatomical pathology services,
diagnostic X-ray services, clinical
laboratory services, operating room
services for a variety of procedures, and
pharmacy services. The SBA has
established a size standard for this
industry, which is annual receipts of
$41.5 million or less. The 2012 U.S.
Economic Census indicates that 2,800
firms operated in this industry
throughout the entire year. Of that
number, 877 has annual receipts of less
than $25 million. Based on this data, we
conclude that approximately onequarter of firms in this industry are
small.
68. Psychiatric and Substance Abuse
Hospitals. This U.S. industry comprises
establishments known and licensed as
psychiatric and substance abuse
hospitals primarily engaged in
providing diagnostic, medical treatment,
and monitoring services for inpatients
who suffer from mental illness or
substance abuse disorders. The
treatment often requires an extended
stay in the hospital. These
establishments maintain inpatient beds
and provide patients with food services
that meet their nutritional requirements.
They have an organized staff of
physicians and other medical staff to
provide patient care services.
Psychiatric, psychological, and social
work services are available at the
facility. These hospitals usually provide
other services, such as outpatient
services, clinical laboratory services,
diagnostic X-ray services, and
electroencephalograph services. The
SBA has established a size standard for
this industry, which is annual receipts
of $41.5 million or less. The 2012 U.S.
Economic Census indicates that 404
firms operated in this industry
throughout the entire year. Of that
number, 185 had annual receipts of less
than $25 million. Based on this data, we
conclude that slightly less than one-half
of the firms in this industry are small.
69. Specialty (Except Psychiatric and
Substance Abuse) Hospitals. This U.S.
industry consists of establishments
known and licensed as specialty
hospitals primarily engaged in
providing diagnostic, and medical
treatment to inpatients with a specific
type of disease or medical condition
(except psychiatric or substance abuse).
Hospitals providing long-term care for
the chronically ill and hospitals
providing rehabilitation, restorative, and
adjustive services to physically
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challenged or disabled people are
included in this industry. These
establishments maintain inpatient beds
and provide patients with food services
that meet their nutritional requirements.
They have an organized staff of
physicians and other medical staff to
provide patient care services. These
hospitals may provide other services,
such as outpatient services, diagnostic
X-ray services, clinical laboratory
services, operating room services,
physical therapy services, educational
and vocational services, and
psychological and social work services.
The SBA has established a size standard
for this industry, which is annual
receipts of $41.5 million or less. The
2012 U.S. Economic Census indicates
that 346 firms operated in this industry
throughout the entire year. Of that
number, 146 firms had annual receipts
of less than $25 million. Based on this
data, we conclude that approximately
one-third of the firms in this industry
are small.
70. Emergency and Other Relief
Services. This industry comprises
establishments primarily engaged in
providing food, shelter, clothing,
medical relief, resettlement, and
counseling to victims of domestic or
international disasters or conflicts (e.g.,
wars). The SBA has established a size
standard for this industry, which is
annual receipts of $35 million or less.
The 2012 U.S. Economic Census
indicates that 541 firms operated in this
industry throughout the entire year. Of
that number, 509 had annual receipts of
less than $25 million. Based on this
data, we conclude that a majority of
firms in this industry are small.
H. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
71. The Report and Order adopts the
following new reporting requirement.
New FRN registrants and certain
existing FRN holders that need to
update their FRNs will need to provide
their email address information to set
up a username and password to be
associated with their FRN. Eventually,
all FRN registrants will be expected to
manage FRN-related business in the
new CORES.
I. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
72. The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): ‘‘(1) The establishment of
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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.’’
73. A substantial number of entities
and individuals doing business with the
Commission have already received their
FRNs through a prior registration in the
old version of CORES (or legacy
CORES), and we anticipate that the
changes proposed here will have little to
no economic impact on them. For all
users that are currently using the legacy
CORES and will be expected to use the
new CORES, there should be no
economic barriers involved in seeking
an FRN number through CORES when
registering online through the
Commission’s website. The Office of
Managing Director is the delegated
authority to transition registrants that
obtained passwords through legacy
CORES to the new CORES, and, in
consultation with the Commission’s
Chief Information Officer, will best
determine what steps to take to bring
such users into compliance. Through
the transition process, all FRN holders
will be expected to manage FRN
business through the new CORES. After
legacy CORES is retired (i.e., no longer
publicly accessible), new FRN
registrants and existing FRN holders
that need to update FRN information
will need to do so in the new CORES
because the legacy CORES system will
not be available. When needing to first
register for an FRN or make information
changes to a registration, users will be
required to provide an email address
and password in the FCC User
Registration System in order to access
the new CORES. FRN holders that forget
their passwords will also need to go
through the new system to set up new
passwords. The steps to obtain a new
FRN or revise the information
associated with an already-existing FRN
are not burdensome because this
requires a limited amount of data entry
in form fields and should involve little
to no cost for the registrant. However,
this order does not address other
Commission information systems that
may require FRN and password entry or
additional requirements for those
separate systems
IV. Ordering Clauses
74. Accordingly, it is ordered that
pursuant to sections 4(i), 8(c)(2), 9(c)(2),
and 303(r) of the Communications Act
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of 1934, as amended, 47 U.S.C. 154(i),
158(c)(2), 159(c)(2), and 303(r); and
section 7701 of the Debt Collection
Improvement Act of 1996, 31 U.S.C.
7701(c)(1), the Report and Order is
adopted and the Commission’s rules are
hereby amended as set forth in
Appendix B of the Report and Order.
The rules and procedures adopted in the
Report and Order are effective 30 days
after the date of publication in the
Federal Register. The non-substantive
change to an information collection
effected by the revision to § 1.8002(b)(2)
of the Commission’s rules was approved
by OMB on August 11, 2021.
75. It is further ordered that this
Report and Order shall be effective 30
days after publication of a summary in
the Federal Register.
76. It is further ordered that the
Commission shall send a copy of the
Report and Order, in a report to be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
77. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Communications, internet,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons stated in the
preamble, the FCC amends 47 CFR part
1 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
■
■
■
2. Amend § 1.8002 by:
a. Revising paragraph (b); and
b. Removing paragraph (e).
The revision reads as follows:
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§ 1.8002
Obtaining an FRN.
*
*
*
*
*
(b)(1) When registering for an FRN
through the CORES, an entity’s name,
entity type, contact name and title,
address, valid email address, and
taxpayer identifying number (TIN) must
be provided. For individuals, the TIN is
the social security number (SSN).
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(2) Information listed in paragraph
(b)(1) of this section must be kept
current by registrants either by updating
the information on-line at the CORES
link at www.fcc.gov or by filing FCC
Form 161 (CORES Update/Change
Form).
*
*
*
*
*
[FR Doc. 2021–20544 Filed 10–28–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 90
[WP Docket No. 07–100; FCC 21–106; FR
ID 54675]
Improving Public Safety
Communications in the 4.9 GHz Band
Federal Communications
Commission.
ACTION: Final rule; grants of petitions for
reconsideration; and final rule;
correction.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) grants three petitions for
reconsideration insofar as the petitions
sought deletion of the rules adopted in
the Sixth Report and Order in this
proceeding governing the 4.9 GHz
(4940–4990 MHz) band. The
Commission also partially lifts the
licensing freeze to allow incumbents to
modify their existing licenses or to
license new permanent fixed sites.
DATES: This final rule is effective
November 29, 2021. As of November 29,
2021, the final rule published on
November 30, 2020 (85 FR 76469), is
corrected.
SUMMARY:
For
additional information on this
proceeding, contact Jon Markman of the
Wireless Telecommunications Bureau,
Mobility Division, at (202) 418–7090 or
Jonathan.Markman@fcc.gov or Thomas
Eng of the Public Safety and Homeland
Security Bureau at (202) 418–0019 or
Thomas.Eng@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, in WP Docket No. 07–
100; FCC 21–106, adopted on September
30, 2021, and released on October 1,
2021. The full text of this document is
available for public inspection online at
https://docs.fcc.gov/public/
attachments/FCC-21-106A1.pdf.
FOR FURTHER INFORMATION CONTACT:
Congressional Review Act
The Commission will send a copy of
the Order on Reconsideration in a report
to be sent to Congress and the
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Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility
Certification
Pursuant to Section 605(b) of the RFA,
if a proposed or final rule, ‘‘. . . will
not, if promulgated, have a significant
economic impact on a substantial
number of small entities[,]’’ an agency is
permitted to file a certification with the
rulemaking containing a statement that
provides a factual basis for its
conclusion that there will not be
significant economic impact on a
substantial number of small entities.
The certification and statement must be
filed in the Federal Register and sent to
the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
The Order on Reconsideration in this
proceeding grants in part the petitions
for reconsideration of the Sixth Report
and Order (85 FR 76469, Nov. 30, 2020),
in WP Docket No. 07–100, reverting
back to the rules that were in effect prior
to modification by the Sixth Report and
Order. No petitions for reconsideration
of the Final Regulatory Flexibility
Analysis (FRFA) that accompanied the
Sixth Report and Order were received
by the Commission. Accordingly, the
Commission has prepared a Final
Regulatory Flexibility Certification
(FRFC) providing the factual basis for its
determination that the Order on
Reconsideration will not have
significant economic impact on a
substantial number of small entities.
The Commission will publish a copy of
the Order on Reconsideration and the
FRFC in the Federal Register and send
a copy to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA). The FRFC is set
forth in Appendix B of the Order on
Reconsideration.
Synopsis
On September 30, 2020, the
Commission adopted the Sixth Report
and Order and Seventh Further Notice
of Proposed Rulemaking (FNPRM) (85
FR 76505, Nov. 30, 2020) (36 FCC Rcd
1958) in this proceeding. The leasing
framework adopted in the Sixth Report
and Order granted states, through a
single statewide entity designated as the
State Lessor, the option to lease
spectrum access to state and local
entities—whether public safety or nonpublic safety—as well as to commercial
and other private entities in their
jurisdictions. State Lessors were also
permitted to use the band for non-public
safety purposes themselves. Prior to the
issuance of the Sixth Report and Order
and Seventh FNPRM, the Public Safety
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59858-59868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20544]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MD Docket No. 10-234; FCC 21-79; FR ID 46781]
Practice and Procedure, CORES Registration System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts a Report and Order to require entities and
individuals doing business with the Commission to provide a valid email
address when they register for FCC Registration Numbers (FRNs) and to
keep the email information current along with other information used to
register.
DATES: Effective November 29, 2021. The non-substantive change to an
information collection effected by the revision to Sec. 1.8002(b)(2)
of the Commission's rules was approved by the Office of Management and
Budget (OMB) on August 11, 2021.
FOR FURTHER INFORMATION CONTACT: Hua Lu, Financial Systems Operations
[[Page 59859]]
Group, Office of Managing Director, [email protected]; 202.418.2424.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, in MD Docket No. 10-234, FCC 21-79, adopted on June 21, 2021
and released on June 22, 2021. The full text of this document is
available for public inspection and copying during normal business
hours in the FCC Reference Center, 45 L Street NE, Washington, DC
20554, or by downloading the text from the Commission's website at
https://docs.fcc.gov/public/attachments/FCC-21-79A1.pdf.
Synopsis
I. Administrative Matters
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980 (RFA), the
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA)
relating to this Report and Order. The FRFA is located towards the end
of this document.
B. Final Paperwork Reduction Act of 1995 Analysis
2. The Report and Order adopts a new information collection
requirement subject to the Paperwork Reduction Act of 1995 (PRA). The
new information collection requirement was submitted to the Office of
Management and Budget (OMB) for review under section 3507(d) of the PRA
and pre-approved on March 15, 2011. In addition, the Report and Order
adopts a non-substantive change to an existing approved information
collection. This non-substantive change was approved by OMB on August
11, 2021.
C. Congressional Review Act.
3. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that these rules are non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Report and Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
4. In 2000, the Commission established CORES, a web-based,
password-protected, registration system that assigns a unique 10-digit
FRN to a registrant for use when doing business with the FCC. While
initially voluntary, in 2001 the Commission established that
individuals and entities were required to obtain FRNs and supply FRNs
when doing business with the Commission. Section 1.8002(b)(1) of the
Commission's rules lists the information currently required from
entities seeking to register for an FRN. Email address information has
not been previously required under the rule. Section 1.8002(b)(2)
requires that the information used to register for an FRN be kept
current by the registrant.
5. In 2010, the Commission proposed modifications to CORES, seeking
comment targeted at making CORES more user and feature-friendly and
eliminating some of the system's then-current limitations. The 2010
notice of proposed rulemaking (NPRM) (76 FR 5652, Feb. 1, 2011) sought
comment about potential changes to the FRN requirements, including
whether email addresses should be required to be provided as part of
the CORES registration process. The Commission tentatively concluded
that ``[g]iven the significant increase in the use of and dependence on
email in the years since CORES first became operational'' all FRN
holders should be required to provide an email address upon registering
in CORES. The Commission also tentatively concluded that entities and
individuals should be required to validate email addresses at the time
of registration by clicking on a link that CORES would automatically
send to the email address that was provided.
6. In 2016, the Office of Managing Director (OMD) posted an
upgraded version of CORES on the Commission's website providing FRN
registrants more user-friendly and secure features such as enabling
existing and new users to designate usernames to access FRNs and
allowing registrants to establish multiple usernames for each FRN with
different levels of access. Password recovery, already a feature of the
legacy CORES, was also a component of the new version of CORES,
providing users with password-recovery security questions to enable
them to recover forgotten passwords. Although the new CORES has been
available since 2016, the original ``legacy'' version of CORES has also
remained available and in use for FRN registration. Maintaining both
the new and legacy CORES on the Commission's website is consistent with
the Commission's practice of rolling out upgrades to the CORES systems
on a voluntary basis before making such changes mandatory.
7. Entities and individuals that register for FRNs in the new
version of CORES must provide email address information which is
verified through an email verification link in the FCC User
Registration System. An email address remains an optional information
request in legacy CORES. The current version of the paper forms for
obtaining or updating an FRN, FCC Forms 160 and 161, however, require
filers to provide a contact email address as part of the registration
process.
II. Report and Order
8. We amend Sec. 1.8002(b) of the Commission's rules to require
entities and individuals doing business with the Commission to provide
their email addresses when they register for FRNs and to keep the email
information current along with other information used to register. We
find that it is in the public interest to require email address
information as part of the FRN registration process and to maintain a
valid email address for all FRN registrants. This change will enable
OMD to remove access to legacy CORES from the Commission's website at a
later date and maintain only the modernized version of CORES for FRN
registration. The new CORES is a more efficient and secure system for
managing the Commission's financial and management matters. The change
will also be more user-friendly and streamlined for CORES registrants
that currently must decide between two versions of CORES.
9. The Commission received several comments on the proposal to
require email addresses as part of CORES registration. Sprint, AT&T,
and Frontier supported the Commission's proposal to collect email
addresses for FRN holders and also supported the Commission using email
address information to communicate with FRN holders. Sprint, for
example, maintained that such a mandate ``will help avoid misrouted
inquiries and delayed responses between entities and the Commission.''
The National Association for Amateur Radio (ARRL) and Blooston Law,
however, argued for email address information to remain optional. ARRL
asserted that certain individuals do not have and cannot obtain email
addresses, such as those that are economically disadvantaged, those
that live in very rural areas, and children. Blooston Law highlights
that internet access is less available and can be absent in very remote
areas. It also suggested that some FRN users do not subscribe to an
internet service due to cost and asserted that the best methods for
communication remain telephone and U.S. Mail, so that in the event of
an absence, another contact representative is able to address the
matter.
10. Although some individuals may lack resources or connectivity
for a personal or home internet service, as compared to what was
present at the time of the comment window for the 2010 NPRM, there is
wide availability of
[[Page 59860]]
free or low cost public internet access today. For example, users may
access the internet for free in public libraries, and also in schools
that offer internet connectivity for after-hours community use. Also,
other Commission proceedings have demonstrated that there is a vast
majority of entities that already communicate with the Commission
electronically. If there are entities and individuals that seek to do
business with the Commission that lack access to internet service, they
may need to use a proxy to register for an FRN with a valid email
address, such as children seeking amateur radio licenses who rely on a
parent or guardian to assist with the licensing process. Registrants
are also able to use online support services or call a help desk to ask
questions and receive help with their registrations.
11. The public benefit of adopting this rule change, which will
enable the Commission to retire legacy CORES and retain the new CORES
to deliver enhanced features and security, outweighs the potential
burdens that may be faced by a small subset of users to provide email
address information. Because it helps authenticate the individuals who
will be utilizing the Commission's information systems, the new CORES
is a more secure tool for the Commission and external users through the
use of personal username registration and email verification. An email
address is a unique ID and/or digital identity for each user that not
only helps ensure the FCC provides better service and user experience
based on data collected per a registered email address, it
differentiates one user from another by establishing a digital identity
to each person. By using an established email address and associated
password, a user is granted appropriate access to do business with FCC.
12. Requiring email address information as part of FRN registration
and requiring users to keep up-to-date email addresses in CORES will
enable the Commission to fully finalize its shift from U.S. Postal
Service delivery to electronic delivery of notices and other
correspondence related to CORES. Therefore, retiring legacy CORES
allows the Commission to operate more efficiently and effectively by
freeing up the resources currently being used to maintain and operate
two CORES systems, and by allowing the Commission to email CORES
registrants CORES and FRN-related information rather than needing to
send this information in mailed letters. We provide further guidance on
OMD's implementation of this transition below.
13. Implementation of the Rule Change. After the rule revision goes
into effect, we direct OMD to announce by public notice the end date
for access to legacy CORES. To streamline this transition and best
prepare for any upcoming Commission business, new and current
registrants are encouraged to use the modernized CORES as soon as
possible. Because the modernized CORES has been available since 2016,
users do not need to wait for legacy CORES to be retired or for the
rule change announced here to go into effect to take this step.
14. Retiring legacy CORES will primarily impact three groups of
CORES users. First, users seeking to make changes related to their FRN
will need to do so in the new CORES by associating with their FRN a
user-specific identification (username) and password to continue
managing their FRN. Second, any person or entity that does not yet have
an FRN, but seeks to do business with the Commission, will use the new
CORES to register. Third, users that forget their password and seek to
reset their password online will use the new CORES to reset their
password.
15. After the legacy CORES is retired, we delegate authority to OMD
to allow users that obtained their FRN through legacy CORES and have
not associated a valid email address with their FRN, to continue to use
that FRN without an associated valid email address for a limited
period. OMD, in consultation with the Commission's Chief Information
Officer, will determine what steps to take to bring such users into
compliance and ensure that the benefits of the rule change are fully
utilized. We note, however, that this limited flexibility with respect
to CORES does not negate the fact that certain Commission information
systems and applications currently require, or may in the future
require, valid email address information to gain entry or otherwise use
such systems.
16. We are also deleting Sec. 1.8002(e) of the Commission's rules
because it is out of date. FRNs must be assigned through CORES and
cannot be assigned by the Billing and Collection Agent for North
American Numbering Plan Administration and the Administrators of the
Universal Service Fund and the Telecommunications Relay Services Fund
as suggested in Sec. 1.8002(e).
17. Paperwork Reduction Act Analysis. The Report and Order adopts a
new information collection requirement subject to the Paperwork
Reduction Act of 1995 (PRA). The new information collection requirement
was submitted to the Office of Management and Budget (OMB) for review
under section 3507(d) of the PRA and pre-approved on March 15, 2011. In
addition, the Report and Order adopts a non-substantive change to an
existing approved information collection. This non-substantive change
was approved by OMB on August 11, 2021.
18. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared a
Final Regulatory Flexibility Analysis (FRFA) relating to this Report
and Order.
III. Final Regulatory Flexibility Analysis
19. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA'') we incorporated an Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules proposed
in the 2010 NPRM. No comments were filed addressing the IRFA. Because
we amend a Commission rule in this Report and Order, we have included
this Final Regulatory Flexibility Analysis (FRFA). This present FRFA
conforms to the RFA.
A. Need for and Objectives of the Proposed Rules
20. In the Report and Order, the Commission amends Sec. 1.8002(b)
of the Commission's rules to require entities and individuals doing
business with the Commission, or seeking to business with the
Commission, to provide their email addresses when they register for
FRNs and to keep the email information current along with other
information used to register. This change finalizes the requirement for
CORES users to provide email address information as part of FRN
registration: Email address submission is a requirement only in the
newer, modernized version of CORES. With this change, the Commission
will be able to end access to the original ``legacy'' CORES that has
been available since the Commission established CORES in 2000 for FRN
registration, and transition CORES users to the updated version of
CORES for FRN registration. The updated version of CORES that will
replace legacy CORES is a more efficient and secure system for managing
the Commission's financial management matters because it will allow the
Commission to email CORES registrants CORES and FRN-related information
rather than require the use of U.S. Postal Service delivery, and the
new CORES employs identity and access management for authenticating and
authorizing access to the system. The email requirements named herein
[[Page 59861]]
are the only specific requirements being adopted in this Report and
Order.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
21. There were no comments received in response to the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
22. 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. The Chief Counsel did not
file any 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
23. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration.
24. The changes or additions to the Commission's part 1 rules that
will be made as a result of the Report and Order are of general
applicability to all services, applying to all entities of any size
that apply for or hold Commission licenses, permits, certifications,
etc., as well as entities or individuals that have attributable
ownership interests in such entities, and have already obtained or will
in the future obtain a unique identifying number through CORES called
an FCC Registration Number, or ``FRN.''
25. 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 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. 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. 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, we estimate that at least 48,971 entities fall into
the category of ``small governmental jurisdictions.''
E. Providers of Telecommunications and Other Services
26. 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.
27. Local Resellers. The SBA has not developed a small business
size standard specifically for Local Resellers. The SBA category of
Telecommunications Resellers is the closest NAICs code category for
local resellers. The Telecommunications Resellers industry comprises
establishments engaged in purchasing access and network capacity from
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. Mobile virtual network operators (MVNOs) are included
in this industry. Under the SBA's size standard, such a business is
small if it has 1,500 or fewer employees. U.S. Census Bureau data from
2012 show that 1,341 firms provided resale services during that year.
Of that number, all operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 213 carriers have reported that they are
engaged in the provision of local resale services. Of these, an
estimated 211 have 1,500 or fewer employees and two have more than
1,500 employees. Consequently, the Commission estimates that the
majority of local resellers are small entities.
28. Toll Resellers. The Commission has not developed a definition
for Toll Resellers. The closest NAICS Code Category is
Telecommunications Resellers. The Telecommunications Resellers industry
comprises establishments engaged in purchasing access and network
capacity from
[[Page 59862]]
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. MVNOs are included in this industry. The SBA has
developed a small business size standard for the category of
Telecommunications Resellers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 881 carriers have reported that they are
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of toll resellers are small
entities.
29. Payphone Service Providers (``PSPs''). The Commission has not
developed a definition for Payphone Service Providers. The closest
NAICS Code Category is Telecommunications Resellers. The
Telecommunications Resellers industry comprises establishments engaged
in purchasing access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. MVNOs
are included in this industry. The SBA has developed a small business
size standard for the category of Telecommunications Resellers. Under
that size standard, such a business is small if it has 1,500 or fewer
employees. 2012 Census Bureau data show that 1,341 firms provided
resale services during that year. Of that number, 1,341 operated with
fewer than 1,000 employees. Thus, under this category and the
associated small business size standard, the majority of these
resellers can be considered small entities. According to Commission
data, 881 carriers have reported that they are engaged in the provision
of toll resale services. Of this total, an estimated 857 have 1,500 or
fewer employees. Consequently, the Commission estimates that the
majority of toll resellers are small.
30. Prepaid Calling Card Providers. Neither the Commission nor the
SBA has developed a small business size standard specifically for
prepaid calling card providers. The appropriate size standard under SBA
rules is for the category Telecommunications Resellers. The
Telecommunications Resellers industry comprises establishments engaged
in purchasing access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. MVNOs
are included in this industry. The SBA has developed a small business
size standard for the category of Telecommunications Resellers. Under
that size standard, such a business is small if it has 1,500 or fewer
employees. 2012 Census Bureau data show that 1,341 firms provided
resale services during that year. Of that number, 1,341 operated with
fewer than 1,000 employees. Thus, under this category and the
associated small business size standard, the majority of these
resellers can be considered small entities. According to Commission
data, 881 carriers have reported that they are engaged in the provision
of toll resale services. Of this total, an estimated 857 have 1,500 or
fewer employees. Consequently, the Commission estimates that the
majority of Prepaid Calling Card Providers are small.
31. 800 and 800-Like Service Subscribers. Neither the Commission
nor the SBA has developed a small business size standard specifically
for 800 and 800-like service (``toll free'') subscribers. The
appropriate size standard under SBA rules is for the category
Telecommunications Resellers. The Telecommunications Resellers industry
comprises establishments engaged in purchasing access and network
capacity from owners and operators of telecommunications networks and
reselling wired and wireless telecommunications services (except
satellite) to businesses and households. Establishments in this
industry resell telecommunications; they do not operate transmission
facilities and infrastructure. MVNOs are included in this industry. The
SBA has developed a small business size standard for the category of
Telecommunications Resellers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 881 carriers have reported that they are
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of 800 and 800-Like Service
Providers are small.
32. 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,
we estimate that the majority of satellite telecommunications providers
are small entities.
33. 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 shows that there were 1,442 firms that operated for the
entire year. Of those firms, a total of 1,400 had annual
[[Page 59863]]
receipts less than $25 million. Thus, the Commission estimates that the
majority of ``All Other Telecommunications'' firms potentially affected
by our action can be considered small.
34. 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. Thus, under this category and the associated size
standard, the Commission estimates that the majority of wireless
telecommunications carriers (except satellite) are small entities.
35. 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. Based on this data we therefore estimate that the majority of
commercial television broadcasters are small entities under the
applicable SBA size standard.
36. 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 $41.5 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, we will presume that all of these entities
qualify as small entities under the above SBA small business size
standard.
37. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore likely
overstates the number of small entities that might be affected by our
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. We are 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.
38. Radio Stations. This Economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public.'' The SBA has created the following small business
size standard for this category: Those having $41.5 million or less in
annual receipts. Census data for 2012 show that 2,849 firms in this
category operated in that year. Of this number, 2,806 firms had annual
receipts of less than $25 million. Because the Census has no additional
classifications that could serve as a basis for determining the number
of stations whose receipts exceeded $41.5 million in that year, we
conclude that the majority of radio broadcast stations were small
entities under the applicable SBA size standard. In addition, the
Commission has estimated the number of noncommercial educational FM
radio stations to be 4,122. NCE stations are non-profit, and therefore
considered to be small entities.
39. Auxiliary, Special Broadcast and Other Program Distribution
Services. This service involves a variety of transmitters, generally
used to relay broadcast programming to the public (through translator
and booster stations) or within the program distribution chain (from a
remote news gathering unit back to the station). Neither the SBA nor
the Commission has developed a size standard applicable to broadcast
auxiliary licensees. The closest applicable SBA category and small
business size standard falls under Radio Stations and Television
Broadcasting. The SBA size standard for radio stations is $41.5 million
per year. 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. For
Television Broadcasting the SBA small business size standard is such
businesses having $41.5 million or less in annual receipts. U.S. Census
Bureau data show that 751 firms in this category operated in that year.
Of that number, 656 had annual receipts of $25,000,000 or less.
Accordingly, based on the U.S. Census Bureau data for Radio Stations
and Television Broadcasting, the Commission estimates that the majority
of Auxiliary, Special Broadcast and Other Program Distribution Services
firms are small.
40. Cable Companies and Systems (Rate Regulation). The Commission
has also 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 4,600 active cable
systems in the United States. Of this total, all but five 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.
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
41. Internet Service Providers. Broadband internet service
providers include wired (e.g., cable, DSL) and VoIP service providers
using their own operated wired telecommunications
[[Page 59864]]
infrastructure 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
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 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. Consequently, under this size
standard the majority of firms in this industry can be considered
small.
F. Schools and Libraries
42. Schools. While the Commission does define entities eligible to
participate in the E-Rate program, neither the Commission nor the SBA
have a size standard for small entities specifically applicable to
schools. Under the E-Rate program, which provides support for
elementary and secondary schools and libraries, an elementary school is
generally ``a non-profit institutional day or residential school that
provides elementary education, as determined under state law.'' A
secondary school is generally defined as ``a non-profit institutional
day or residential school that provides secondary education, as
determined under state law,'' and not offering education beyond grade
12. For-profit schools, and schools with endowments in excess of
$50,000,000, are not eligible to receive discounts under the E-Rate
program.
43. Although the SBA does not have a size standard for small
entities specifically applicable to schools, the closest NAICS Code
category is Elementary and Secondary Schools under the subsector
Educational Services. The SBA has developed a small business size
standard for Elementary and Secondary Schools which consists of all
such entities with gross annual receipts of $12 million or less. In
funding year 2017, approximately 104,500 schools received funding under
the schools and libraries universal service mechanism. Although we are
unable to estimate the exact number of these entities that would
qualify as small entities under SBA's size standard, we estimate that
fewer than 104,500 schools might be affected by our action.
44. Libraries. The Commission does have definitions for entities
that participate in the E-Rate program but neither the Commission nor
the SBA have a size standard for small entities specifically applicable
to libraries. Under the E-Rate program, which provides support for
libraries, a library includes ``(1) a public library, (2) a public
elementary school or secondary school library, (3) an academic library,
(4) a research library [] and (5) a private library, but only if the
state in which such private library is located determines that the
library should be considered a library for the purposes of this
definition.'' For-profit libraries, are not eligible to receive
discounts under the program, nor are libraries whose budgets are not
completely separate from any schools.
45. Although the SBA does not have a size standard for small
entities specifically applicable to libraries, the closest NAICS Code
category is Libraries and Archives. The SBA has developed a small
business size standard for Libraries and Archives which consists of all
such entities with gross annual receipts of $16.5 million or less. In
funding year 2017, approximately 11,490 libraries received funding
under the schools and libraries universal service mechanism. Although
we are unable to estimate the exact number of these entities that would
qualify as small entities under SBA's size standard, we estimate that
fewer than 11,490 libraries might be affected annually by our action.
G. Health Care Providers
46. Offices of Physicians (except Mental Health Specialists). This
U.S. industry comprises establishments of health practitioners having
the degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy)
primarily engaged in the independent practice of general or specialized
medicine (except psychiatry or psychoanalysis) or surgery. These
practitioners operate private or group practices in their own offices
(e.g., centers, clinics) or in the facilities of others, such as
hospitals or health maintenance organization (HMO) medical centers. The
SBA has created a size standard for this industry, which is annual
receipts of $11 million or less. According to 2012 U.S. Economic
Census, 152,468 firms operated throughout the entire year in this
industry. Of that number, 147,718 had annual receipts of less than $10
million. Based on this data, we conclude that a majority of firms
operating in this industry are small under the applicable size
standard.
47. Offices of Physicians, Mental Health Specialists. The U.S.
industry comprises establishments of health practitioners having the
degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy)
primarily engaged in the independent practice of psychiatry or
psychoanalysis. These practitioners operate private or group practices
in their own offices (e.g., centers, clinics) or in the facilities of
others, such as hospitals or HMO medical centers. The SBA has
established a size standard for businesses in this industry, which is
annual receipts of $12 million dollars or less. The U.S. Economic
Census indicates that 8,809 firms operated throughout the entire year
in this industry. Of that number 8,791 had annual receipts of less than
$10 million. Based on this data, we conclude that a majority of firms
in this industry are small under the applicable standard.
48. Offices of Dentists. This U.S. industry comprises
establishments of health practitioners having the degree of D.M.D.
(Doctor of Dental Medicine), D.D.S. (Doctor of Dental Surgery), or
D.D.S. (Doctor of Dental Science) primarily engaged in the independent
practice of general or specialized dentistry or dental surgery. These
practitioners operate private or group practices in their own offices
(e.g., centers, clinics) or in the facilities of others, such as
hospitals or HMO medical centers. They can provide either comprehensive
preventive, cosmetic, or emergency care, or specialize in a single
field of dentistry. The SBA has established a size standard for that
industry of annual receipts of $8.0 million or less. The 2012 U.S.
Economic Census indicates that 115,268 firms operated in the dental
industry throughout the entire year. Of that number 114,417 had annual
receipts of less than $5 million. Based on this data, we conclude that
a majority of business in the dental industry are small under the
applicable standard.
49. Offices of Chiropractors. This U.S. industry comprises
establishments of health practitioners having the degree of DC (Doctor
of Chiropractic) primarily engaged in the independent practice of
chiropractic. These practitioners provide diagnostic and therapeutic
treatment of neuromusculoskeletal and related disorders through the
manipulation and adjustment of the spinal column and extremities, and
operate private or group practices in their own offices (e.g., centers,
clinics) or in the facilities of others, such as hospitals or HMO
medical centers. The SBA has established a size standard for this
industry, which is annual receipts of $8.0 million or less. The 2012
U.S.
[[Page 59865]]
Economic Census statistics show that in 2012, there were 33,940 firms
operated throughout the entire year. Of that number 33,910 operated
with annual receipts of less than $5 million per year. Based on that
data, we conclude that a majority of chiropractors are small.
50. Offices of Optometrists. This U.S. industry comprises
establishments of health practitioners having the degree of O.D.
(Doctor of Optometry) primarily engaged in the independent practice of
optometry. These practitioners examine, diagnose, treat, and manage
diseases and disorders of the visual system, the eye and associated
structures as well as diagnose related systemic conditions. Offices of
optometrists prescribe and/or provide eyeglasses, contact lenses, low
vision aids, and vision therapy. They operate private or group
practices in their own offices (e.g., centers, clinics) or in the
facilities of others, such as hospitals or HMO medical centers, and may
also provide the same services as opticians, such as selling and
fitting prescription eyeglasses and contact lenses. The SBA has $8.0
established a size standard for businesses operating in this industry,
which is annual receipts of million or less. The 2012 Economic Census
indicates that 18,050 firms operated the entire year. Of that number,
17,951 had annual receipts of less than $5 million. Based on this data,
we conclude that a majority of optometrists in this industry are small.
51. Offices of Mental Health Practitioners (except Physicians).
This U.S. industry comprises establishments of independent mental
health practitioners (except physicians) primarily engaged in (1) the
diagnosis and treatment of mental, emotional, and behavioral disorders
and/or (2) the diagnosis and treatment of individual or group social
dysfunction brought about by such causes as mental illness, alcohol and
substance abuse, physical and emotional trauma, or stress. These
practitioners operate private or group practices in their own offices
(e.g., centers, clinics) or in the facilities of others, such as
hospitals or HMO medical centers. The SBA has created a size standard
for this industry, which is annual receipts of $8.0 million or less.
The 2012 U.S. Economic Census indicates that 16,058 firms operated
throughout the entire year. Of that number, 15,894 firms received
annual receipts of less than $5 million. Based on this data, we
conclude that a majority of mental health practitioners who do not
employ physicians are small.
52. Offices of Physical, Occupational and Speech Therapists and
Audiologists. This U.S. industry comprises establishments of
independent health practitioners primarily engaged in one of the
following: (1) Providing physical therapy services to patients who have
impairments, functional limitations, disabilities, or changes in
physical functions and health status resulting from injury, disease or
other causes, or who require prevention, wellness or fitness services;
(2) planning and administering educational, recreational, and social
activities designed to help patients or individuals with disabilities,
regain physical or mental functioning or to adapt to their
disabilities; and (3) diagnosing and treating speech, language, or
hearing problems. These practitioners operate private or group
practices in their own offices (e.g., centers, clinics) or in the
facilities of others, such as hospitals or HMO medical centers. The SBA
has established a size standard for this industry, which is annual
receipts of $8.0 million or less. The 2012 U.S. Economic Census
indicates that 20,567 firms in this industry operated throughout the
entire year. Of this number, 20,047 had annual receipts of less than $5
million. Based on this data, we conclude that a majority of businesses
in this industry are small.
53. Offices of Podiatrists. This U.S. industry comprises
establishments of health practitioners having the degree of D.P.M.
(Doctor of Podiatric Medicine) primarily engaged in the independent
practice of podiatry. These practitioners diagnose and treat diseases
and deformities of the foot and operate private or group practices in
their own offices (e.g., centers, clinics) or in the facilities of
others, such as hospitals or HMO medical centers. The SBA has
established a size standard for businesses in this industry, which is
annual receipts of $8.0 million or less. The 2012 U.S. Economic Census
indicates that 7,569 podiatry firms operated throughout the entire
year. Of that number, 7,545 firms had annual receipts of less than $5
million. Based on this data, we conclude that a majority of firms in
this industry are small.
54. Offices of All Other Miscellaneous Health Practitioners. This
U.S. industry comprises establishments of independent health
practitioners (except physicians; dentists; chiropractors;
optometrists; mental health specialists; physical, occupational, and
speech therapists; audiologists; and podiatrists). These practitioners
operate private or group practices in their own offices (e.g., centers,
clinics) or in the facilities of others, such as hospitals or HMO
medical centers. The SBA has established a size standard for this
industry, which is annual receipts of $8.0 million or less. The 2012
U.S. Economic Census indicates that 11,460 firms operated throughout
the entire year. Of that number, 11,374 firms had annual receipts of
less than $5 million. Based on this data, we conclude the majority of
firms in this industry are small.
55. Family Planning Centers. This U.S. industry comprises
establishments with medical staff primarily engaged in providing a
range of family planning services on an outpatient basis, such as
contraceptive services, genetic and prenatal counseling, voluntary
sterilization, and therapeutic and medically induced termination of
pregnancy. The SBA has established a size standard for this industry,
which is annual receipts of $12 million or less. The 2012 Economic
Census indicates that 1,286 firms in this industry operated throughout
the entire year. Of that number 1,237 had annual receipts of less than
$10 million. Based on this data, we conclude that the majority of firms
in this industry are small.
56. Outpatient Mental Health and Substance Abuse Centers. This U.S.
industry comprises establishments with medical staff primarily engaged
in providing outpatient services related to the diagnosis and treatment
of mental health disorders and alcohol and other substance abuse. These
establishments generally treat patients who do not require inpatient
treatment. They may provide a counseling staff and information
regarding a wide range of mental health and substance abuse issues and/
or refer patients to more extensive treatment programs, if necessary.
The SBA has established a size standard for this industry, which is
$16.5 million or less in annual receipts. The 2012 U.S. Economic Census
indicates that 4,446 firms operated throughout the entire year. Of that
number, 4,069 had annual receipts of less than $10 million. Based on
this data, we conclude that a majority of firms in this industry are
small.
57. HMO Medical Centers. This U.S. industry comprises
establishments with physicians and other medical staff primarily
engaged in providing a range of outpatient medical services to the HMO
subscribers with a focus generally on primary health care. These
establishments are owned by the HMO. Included in this industry are HMO
establishments that both provide health care services and underwrite
health and medical insurance policies. The SBA has established a size
standard for this industry, which is $35 million or less in
[[Page 59866]]
annual receipts. The 2012 U.S. Economic Census indicates that 14 firms
in this industry operated throughout the entire year. Of that number, 5
firms had annual receipts of less than $25 million. Based on this data,
we conclude that approximately one-third of the firms in this industry
are small.
58. Freestanding Ambulatory Surgical and Emergency Centers. This
U.S. industry comprises establishments with physicians and other
medical staff primarily engaged in (1) providing surgical services
(e.g., orthoscopic and cataract surgery) on an outpatient basis or (2)
providing emergency care services (e.g., setting broken bones, treating
lacerations, or tending to patients suffering injuries as a result of
accidents, trauma, or medical conditions necessitating immediate
medical care) on an outpatient basis. Outpatient surgical
establishments have specialized facilities, such as operating and
recovery rooms, and specialized equipment, such as anesthetic or X-ray
equipment. The SBA has established a size standard for this industry,
which is annual receipts of $16.5 million or less. The 2012 U.S.
Economic Census indicates that 3,595 firms in this industry operated
throughout the entire year. Of that number, 3,222 firms had annual
receipts of less than $10 million. Based on this data, we conclude that
a majority of firms in this industry are small.
59. All Other Outpatient Care Centers. This U.S. industry comprises
establishments with medical staff primarily engaged in providing
general or specialized outpatient care (except family planning centers,
outpatient mental health and substance abuse centers, HMO medical
centers, kidney dialysis centers, and freestanding ambulatory surgical
and emergency centers). Centers or clinics of health practitioners with
different degrees from more than one industry practicing within the
same establishment (i.e., Doctor of Medicine and Doctor of Dental
Medicine) are included in this industry. The SBA has established a size
standard for this industry, which is annual receipts of $22 million or
less. The 2012 U.S. Economic Census indicates that 4,903 firms operated
in this industry throughout the entire year. Of this number, 4,269
firms had annual receipts of less than $10 million. Based on this data,
we conclude that a majority of firms in this industry are small.
60. Blood and Organ Banks. This U.S. industry comprises
establishments primarily engaged in collecting, storing, and
distributing blood and blood products and storing and distributing body
organs. The SBA has established a size standard for this industry,
which is annual receipts of $35 million or less. The 2012 U.S. Economic
Census indicates that 314 firms operated in this industry throughout
the entire year. Of that number, 235 operated with annual receipts of
less than $25 million. Based on this data, we conclude that
approximately three-quarters of firms that operate in this industry are
small.
61. All Other Miscellaneous Ambulatory Health Care Services. This
U.S. industry comprises establishments primarily engaged in providing
ambulatory health care services (except offices of physicians,
dentists, and other health practitioners; outpatient care centers;
medical and diagnostic laboratories; home health care providers;
ambulances; and blood and organ banks). The SBA has established a size
standard for this industry, which is annual receipts of $16.5 million
or less. The 2012 U.S. Economic Census indicates that 2,429 firms
operated in this industry throughout the entire year. Of that number,
2,318 had annual receipts of less than $10 million. Based on this data,
we conclude that a majority of the firms in this industry are small.
62. Medical Laboratories. This U.S. industry comprises
establishments known as medical laboratories primarily engaged in
providing analytic or diagnostic services, including body fluid
analysis, generally to the medical profession or to the patient on
referral from a health practitioner. The SBA has established a size
standard for this industry, which is annual receipts of $35 million or
less. The 2012 U.S. Economic Census indicates that 2,599 firms operated
in this industry throughout the entire year. Of this number, 2,465 had
annual receipts of less than $25 million. Based on this data, we
conclude that a majority of firms that operate in this industry are
small.
63. Diagnostic Imaging Centers. This U.S. industry comprises
establishments known as diagnostic imaging centers primarily engaged in
producing images of the patient generally on referral from a health
practitioner. The SBA has established size standard for this industry,
which is annual receipts of $16.5 million or less. The 2012 U.S.
Economic Census indicates that 4,209 firms operated in this industry
throughout the entire year. Of that number, 3,876 firms had annual
receipts of less than $10 million. Based on this data, we conclude that
a majority of firms that operate in this industry are small.
64. Home Health Care Services. This U.S. industry comprises
establishments primarily engaged in providing skilled nursing services
in the home, along with a range of the following: Personal care
services; homemaker and companion services; physical therapy; medical
social services; medications; medical equipment and supplies;
counseling; 24-hour home care; occupation and vocational therapy;
dietary and nutritional services; speech therapy; audiology; and high-
tech care, such as intravenous therapy. The SBA has established a size
standard for this industry, which is annual receipts of $16.5 million
or less. The 2012 U.S. Economic Census indicates that 17,770 firms
operated in this industry throughout the entire year. Of that number,
16,822 had annual receipts of less than $10 million. Based on this
data, we conclude that a majority of firms that operate in this
industry are small.
65. Ambulance Services. This U.S. industry comprises establishments
primarily engaged in providing transportation of patients by ground or
air, along with medical care. These services are often provided during
a medical emergency but are not restricted to emergencies. The vehicles
are equipped with lifesaving equipment operated by medically trained
personnel. The SBA has established a size standard for this industry,
which is annual receipts of $16.5 million. The 2012 U.S. Economic
Census indicates that 2,984 firms operated in this industry throughout
the entire year. Of that number, 2,926 had annual receipts of less than
$15 million. Based on this data, we conclude that a majority of firms
in this industry are small.
66. Kidney Dialysis Centers. This U.S. industry comprises
establishments with medical staff primarily engaged in providing
outpatient kidney or renal dialysis services. The SBA has established
assize standard for this industry, which is annual receipts of $41.5
million or less. The 2012 U.S. Economic Census indicates that 396 firms
operated in this industry throughout the entire year. Of that number,
379 had annual receipts of less than $25 million. Based on this data,
we conclude that a majority of firms in this industry are small.
67. General Medical and Surgical Hospitals. This U.S. industry
comprises establishments known and licensed as general medical and
surgical hospitals primarily engaged in providing diagnostic and
medical treatment (both surgical and nonsurgical) to inpatients with
any of a wide variety of medical conditions. These establishments
maintain inpatient beds and provide patients with food services that
meet
[[Page 59867]]
their nutritional requirements. These hospitals have an organized staff
of physicians and other medical staff to provide patient care services.
These establishments usually provide other services, such as outpatient
services, anatomical pathology services, diagnostic X-ray services,
clinical laboratory services, operating room services for a variety of
procedures, and pharmacy services. The SBA has established a size
standard for this industry, which is annual receipts of $41.5 million
or less. The 2012 U.S. Economic Census indicates that 2,800 firms
operated in this industry throughout the entire year. Of that number,
877 has annual receipts of less than $25 million. Based on this data,
we conclude that approximately one-quarter of firms in this industry
are small.
68. Psychiatric and Substance Abuse Hospitals. This U.S. industry
comprises establishments known and licensed as psychiatric and
substance abuse hospitals primarily engaged in providing diagnostic,
medical treatment, and monitoring services for inpatients who suffer
from mental illness or substance abuse disorders. The treatment often
requires an extended stay in the hospital. These establishments
maintain inpatient beds and provide patients with food services that
meet their nutritional requirements. They have an organized staff of
physicians and other medical staff to provide patient care services.
Psychiatric, psychological, and social work services are available at
the facility. These hospitals usually provide other services, such as
outpatient services, clinical laboratory services, diagnostic X-ray
services, and electroencephalograph services. The SBA has established a
size standard for this industry, which is annual receipts of $41.5
million or less. The 2012 U.S. Economic Census indicates that 404 firms
operated in this industry throughout the entire year. Of that number,
185 had annual receipts of less than $25 million. Based on this data,
we conclude that slightly less than one-half of the firms in this
industry are small.
69. Specialty (Except Psychiatric and Substance Abuse) Hospitals.
This U.S. industry consists of establishments known and licensed as
specialty hospitals primarily engaged in providing diagnostic, and
medical treatment to inpatients with a specific type of disease or
medical condition (except psychiatric or substance abuse). Hospitals
providing long-term care for the chronically ill and hospitals
providing rehabilitation, restorative, and adjustive services to
physically challenged or disabled people are included in this industry.
These establishments maintain inpatient beds and provide patients with
food services that meet their nutritional requirements. They have an
organized staff of physicians and other medical staff to provide
patient care services. These hospitals may provide other services, such
as outpatient services, diagnostic X-ray services, clinical laboratory
services, operating room services, physical therapy services,
educational and vocational services, and psychological and social work
services. The SBA has established a size standard for this industry,
which is annual receipts of $41.5 million or less. The 2012 U.S.
Economic Census indicates that 346 firms operated in this industry
throughout the entire year. Of that number, 146 firms had annual
receipts of less than $25 million. Based on this data, we conclude that
approximately one-third of the firms in this industry are small.
70. Emergency and Other Relief Services. This industry comprises
establishments primarily engaged in providing food, shelter, clothing,
medical relief, resettlement, and counseling to victims of domestic or
international disasters or conflicts (e.g., wars). The SBA has
established a size standard for this industry, which is annual receipts
of $35 million or less. The 2012 U.S. Economic Census indicates that
541 firms operated in this industry throughout the entire year. Of that
number, 509 had annual receipts of less than $25 million. Based on this
data, we conclude that a majority of firms in this industry are small.
H. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
71. The Report and Order adopts the following new reporting
requirement. New FRN registrants and certain existing FRN holders that
need to update their FRNs will need to provide their email address
information to set up a username and password to be associated with
their FRN. Eventually, all FRN registrants will be expected to manage
FRN-related business in the new CORES.
I. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
72. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed 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.''
73. A substantial number of entities and individuals doing business
with the Commission have already received their FRNs through a prior
registration in the old version of CORES (or legacy CORES), and we
anticipate that the changes proposed here will have little to no
economic impact on them. For all users that are currently using the
legacy CORES and will be expected to use the new CORES, there should be
no economic barriers involved in seeking an FRN number through CORES
when registering online through the Commission's website. The Office of
Managing Director is the delegated authority to transition registrants
that obtained passwords through legacy CORES to the new CORES, and, in
consultation with the Commission's Chief Information Officer, will best
determine what steps to take to bring such users into compliance.
Through the transition process, all FRN holders will be expected to
manage FRN business through the new CORES. After legacy CORES is
retired (i.e., no longer publicly accessible), new FRN registrants and
existing FRN holders that need to update FRN information will need to
do so in the new CORES because the legacy CORES system will not be
available. When needing to first register for an FRN or make
information changes to a registration, users will be required to
provide an email address and password in the FCC User Registration
System in order to access the new CORES. FRN holders that forget their
passwords will also need to go through the new system to set up new
passwords. The steps to obtain a new FRN or revise the information
associated with an already-existing FRN are not burdensome because this
requires a limited amount of data entry in form fields and should
involve little to no cost for the registrant. However, this order does
not address other Commission information systems that may require FRN
and password entry or additional requirements for those separate
systems
IV. Ordering Clauses
74. Accordingly, it is ordered that pursuant to sections 4(i),
8(c)(2), 9(c)(2), and 303(r) of the Communications Act
[[Page 59868]]
of 1934, as amended, 47 U.S.C. 154(i), 158(c)(2), 159(c)(2), and
303(r); and section 7701 of the Debt Collection Improvement Act of
1996, 31 U.S.C. 7701(c)(1), the Report and Order is adopted and the
Commission's rules are hereby amended as set forth in Appendix B of the
Report and Order. The rules and procedures adopted in the Report and
Order are effective 30 days after the date of publication in the
Federal Register. The non-substantive change to an information
collection effected by the revision to Sec. 1.8002(b)(2) of the
Commission's rules was approved by OMB on August 11, 2021.
75. It is further ordered that this Report and Order shall be
effective 30 days after publication of a summary in the Federal
Register.
76. It is further ordered that the Commission shall send a copy of
the Report and Order, in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
77. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Communications, internet,
Reporting and recordkeeping requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons stated in the preamble, the FCC 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. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.8002 by:
0
a. Revising paragraph (b); and
0
b. Removing paragraph (e).
The revision reads as follows:
Sec. 1.8002 Obtaining an FRN.
* * * * *
(b)(1) When registering for an FRN through the CORES, an entity's
name, entity type, contact name and title, address, valid email
address, and taxpayer identifying number (TIN) must be provided. For
individuals, the TIN is the social security number (SSN).
(2) Information listed in paragraph (b)(1) of this section must be
kept current by registrants either by updating the information on-line
at the CORES link at www.fcc.gov or by filing FCC Form 161 (CORES
Update/Change Form).
* * * * *
[FR Doc. 2021-20544 Filed 10-28-21; 8:45 am]
BILLING CODE 6712-01-P