Disruptions to Communications, 59379-59383 [2022-19744]
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
compounds (VOC) and various organic
hazardous air pollutants (HAP).7 VOC
emissions are precursors to both fine
particulate matter (PM2.5) and ozone
formation; exposure to PM2.5 and ozone
is associated with significant public
health effects, including (1)
cardiovascular morbidity such as heart
attacks, (2) respiratory morbidity such
as asthma attacks, acute bronchitis, (3)
hospital admissions and emergency
room visits, and (4) premature
mortality.8 Hazardous air pollutants
may cause cancer or other serious health
effects, such as reproductive effects or
birth defects.9 In addition, methane is a
potent greenhouse gas with a global
warming potential 28–36 times greater
than CO2. Therefore, we believe that
these requirements for existing MSW
landfills and resulting emissions
reductions have climate benefits and
have contributed to reduced
environmental and health impacts on all
populations impacted by emissions
from these sources in Arkansas,
including people of color and lowincome populations, and will continue
to do so under Federal oversight. This
proposed rule is not anticipated to have
disproportionately high or adverse
human health or environmental effects
on communities with environmental
justice concerns because it is not
anticipated to result in or contribute to
emissions increases in Arkansas. If
finalized as proposed, EPA’s approval of
the Arkansas MSW Landfills Plan will
make the Plan and the corresponding
MSW landfills EG requirements
incorporated into the Plan federally
enforceable by EPA as of the effective
date of the final rulemaking.
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a CAA section
111(d) submission that complies with
the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7411(d);
42 U.S.C. 7429; 40 CFR part 60, subparts
B and Cf; and 40 CFR part 62, subpart
A. Thus, in reviewing CAA section
111(d) state plan submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Act and implementing regulations.
Accordingly, this action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
7 See
80 FR 52099, August 27, 2015.
8 Id.
9 See https://www.epa.gov/air-qualitymanagement-process/managing-air-quality-humanhealth-environmental-and-economic#what.
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beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• 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 CAA; and
• Does not provide the 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).
This proposed rule also does not have
Tribal implications because it will not
have a substantial direct effect on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Authority: 42 U.S.C. 7401 et seq.
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Dated: September 26, 2022.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2022–21245 Filed 9–29–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
[PS Docket No. 21–346; PS Docket No. 15–
80; ET Docket No. 04–35; FCC 22–50; FR
ID 103460]
Disruptions to Communications
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In a final rule published
elsewhere in this issue of the Federal
Register (final rule), the Federal
Communications Commission (FCC or
Commission) adopts a new ‘‘Mandatory
Disaster Response Initiative’’ (MDRI).
The final rule requires providers to file
reports with the Commission following
the MDRI’s activation, including testing
of their roaming capabilities and
reporting on the performance of their
implementation of the MDRI to the
Commission after the events. In the
Further Notice of Proposed Rulemaking
(FNPRM), the Commission seeks
comment on whether reports submitted
under the final rule would benefit from
standardization, and what that should
entail.
SUMMARY:
Comments are due on or before
October 31, 2022 and reply comments
are due on or before November 29, 2022.
ADDRESSES: You may submit comments,
identified by PS Docket No. 21–346; PS
Docket No. 15–80; and ET Docket No.
04–35, by any of the following methods:
• Federal Communications
Commission’s Website: https://
www.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• Mail: Parties who choose to file by
paper must file an original and one copy
of each filing. If more than one docket
or rulemaking number appears in the
caption of this proceeding, filers must
submit two additional copies for each
additional docket or rulemaking
number. Filings can be sent by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050
DATES:
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Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020),
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Erika Olsen, Acting Division Chief,
Cybersecurity and Communications
Reliability Division, Public Safety and
Homeland Security Bureau, (202) 418–
2868, or via email at Erika.Olsen@
fcc.gov, or Logan Bennett, Attorney
Advisor, Cybersecurity and
Communications Reliability Division,
Public Safety and Homeland Security
Bureau, (202) 418–7790, or via email at
Logan.Bennett@fcc.gov.
For additional information concerning
the information collection requirements
contained in this document, contact
Nicole Ongele, Office of Managing
Director, Performance Evaluation and
Records Management, 202–418–2991, or
by email to PRA@fcc.gov.
This is a
summary of the Commission’s Further
Notice of Proposed Rulemaking
(FNPRM), FCC 22–50, adopted June 27,
2022, and released July 6, 2022. The full
text of this document is available by
downloading the text from the
Commission’s website at: https://
docs.fcc.gov/public/attachments/FCC22-50A1.pdf. When the FCC
Headquarters reopens to the public, the
full text of this document will also be
available for public inspection and
copying during regular business hours
in the FCC Reference Center, 45 L Street
NE, Washington, DC 20554. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to FCC504@fcc.gov or call
the Consumer & Governmental Affairs
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SUPPLEMENTARY INFORMATION:
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Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Initial Paperwork Reduction Act of
1995 Analysis
The FNRM seeks comment on
potential new or revised proposed
information collection requirements. If
the Commission adopts any new or
revised final information collection
requirements when the final rules are
adopted, the Commission will publish a
document in the Federal Register
inviting further comments from the
public on the final information
collection requirements, as required by
the Paperwork Reduction Act of 1995
(PRA), Public Law 104–13 (44 U.S.C.
3501–3520). The Commission, as part of
its continuing effort to reduce
paperwork burdens, invites the general
public and the Office of Management
and Budget (OMB) to comment on the
information collection requirements
contained in this document, as required
by the PRA. Public and agency
comments on the PRA proposed
information collection requirements are
due November 29, 2022. Comments
should address: (a) Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
In addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4), the Commission seeks
specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
Initial Regulatory Flexibility Analysis
1. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), we have prepared this present
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 FNPRM.
Written public comments are requested
on this IRFA. Comments must be
identified as responses to the IRFA and
must be filed by the deadlines for
comments on the proposed rule. We
will send a copy of the FNPRM,
including this IRFA, to the Chief
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Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, the FNPRM and IRFA (or
summaries thereof) will be published in
the Federal Register.
A. Need for, and Objectives of the
Proposed Rules
2. The FNPRM follows the
Commission’s adoption of rules
codifying the Mandatory Disaster
Response Initiative (MDRI), including a
mandatory reporting provision
establishing a baseline of actions and
assurances that facilities-based mobile
wireless providers will engage in
effective coordination and planning to
maintain and restore network
connectivity around disasters.
3. The FNPRM further explores the
reporting provision from the final rule,
and proposes the development of
appropriate content and formatting of
reports by which the Commission can
assess whether the MDRI is being used
by providers to enhance the reliability,
resiliency, and continuity of associated
disaster-time communications. In the
FNPRM, the Commission seeks
comment on: Whether to direct the
Public Safety and Homeland Security
Bureau, under delegated authority, to
develop a standardized reporting form
for the purposes of a provider’s
compliance with § 4.17(c) of our rules;
The content of reports on MDRI
compliance; The basis pursuant to
which facilities-based commercial
mobile radio service (CMRS) providers
would be allowed to seek confidential
treatment for reports under the
Commission’s confidentiality rule, or if
other protections should apply, and; An
appropriate effective date for any new
reporting form(s) that may be
developed, including whether the
compliance date should depend on the
class of provider (e.g., large versus small
providers) subject to the requirements.
4. The FNPRM and matters upon
which the Commission seeks comment
are made against the backdrop of
Hurricane Ida, which hit the United
States as a Category 4 hurricane in
August 2021 causing significant
flooding and damage in several states
along the southern and northeastern
corridors of the United States. Hurricane
Ida, as well as recent hurricane and
wildfire seasons, earthquakes in Puerto
Rico, and severe winter storms in Texas
demonstrate that America’s
communications infrastructure remains
susceptible to disruption during
disasters. These disruptions can prevent
the transmission of 911 calls, first
responder communications, Emergency
Alert System (EAS) and Wireless
Emergency Alert (WEA) messages, and
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other potentially life-saving
information. They also can have
cascading detrimental effects on the
economy and other critical
infrastructures due to interdependencies
among sectors, including the
transportation, medical, and financial
sectors, among others. Importantly,
these disruptions may involve any or all
communications networks—including
wireline, wireless, cable, satellite, or
broadcast facilities which requires the
Commission takes affirmative and swift
action to improve the reliability and
resiliency of our Nation’s
communications networks during
emergencies.
5. The reporting obligation adopted in
the final rule at § 4.17(c) requires
facilities-based wireless providers to
submit a report detailing the timing,
duration, and effectiveness of their
implementation of the MDRI’s
provisions within 60 days of when the
Bureau issues a Public Notice
announcing such reports must be filed
for providers operating in a given
geographic area in the aftermath of a
disaster. Initial reports from providers
pursuant to § 4.17(c) will be due in
response to the first triggering event, as
described at § 4.17(a), that occurs on or
after a provider’s associated compliance
date.
6. In the FNPRM the Commission
seeks comment on whether it would be
beneficial to create a standardized form
that providers could use for future
reporting under rule § 4.17(c). To this
end, the Commission proposes to direct
the Public Safety and Homeland
Security Bureau, under delegated
authority, to develop a standardized
reporting form. The Commission seeks
comment on this approach and any
associated costs and benefits.
7. The Commission also seeks
comment on the contents of such
standardized reporting forms. AT&T, for
example, suggests that relevant details
may include whether a provider
roamed, the other providers it roamed
with, the time period involved and, if
relevant, the time it took for a provider
to perform a health assessment and
activate roaming. The Commission seeks
comment on all the approaches
described here, including on the
associated costs and benefits.
8. The Commission seeks comment
also on the basis pursuant to which
facilities-based mobile wireless
providers could seek confidential
treatment for reports under the
Commission’s confidentiality rules, or if
such reports should be publicly filed.
The Commission seeks comment on an
appropriate compliance date for
providers’ use of any new standardized
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reporting form(s) that may be
developed, including whether the
compliance date should depend on the
class of provider (e.g., large versus small
providers) subject to the requirements.
B. Legal Basis
9. The proposed action is authorized
pursuant to sections 1, 4(i), 4(j), 4(o),
201(b), 214(d), 218, 251(e)(3), 301,
303(b), 303(g), 303(j), 303(r), 307, 309(a),
309(j), 316, 332, 403, 615a–1, and 615c
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i) through
(j) & (o), 201(b), 214(d), 218, 251(e)(3),
301, 303(b), 303(g), 303(j), 303(r), 307,
309(a), 309(j), 316, 332, 403, 615a–1,
and 615c.
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
10. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of, the number of
small entities that may be affected by
the rules, adopted herein. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
11. Small Businesses, Small
Organizations, and Small Governmental
Jurisdictions. The Commission’s actions
may, over time, affect small entities that
are not easily categorized at present.
The Commission 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 SBA’s Office of
Advocacy, in general a small business is
an independent business having fewer
than 500 employees. These types of
small businesses represent 99.9% of all
businesses in the United States which
translates to 32.5 million businesses.
12. 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.’’ 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
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2020, there were approximately 447,689
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.
13. 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
90,056 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 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.’’
14. The final rules apply only to
facilities-based mobile wireless
providers, which include small entities
as well as larger entities. The
Commission has not developed a small
business size standard directed
specifically toward these entities.
However in our cost estimate discussion
below, we estimate costs based on
Commission data that there are
approximately 63 small facilities-based
mobile wireless providers. As described
below, these entities fit into larger
industry categories that provide these
facilities or services for which the SBA
has developed small business size
standards.
15. 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 SBA size standard for this
industry classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
there were 2,893 firms in this industry
that operated for the entire year. Of that
number, 2,837 firms employed fewer
than 250 employees. Additionally,
based on Commission data in the 2021
Universal Service Monitoring Report, as
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of December 31, 2020, there were 797
providers that reported they were
engaged in the provision of wireless
services. Of these providers, the
Commission estimates that 715
providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard,
most of these providers can be
considered small entities.
16. The Commission notes that while
facilities-based mobile wireless
providers fall into this industry
description, in assessing whether a
business concern qualifies as ‘‘small’’
under the above SBA size standard,
business (control) affiliations must be
included. Another element of the
definition of ‘‘small business’’ requires
that an entity not be dominant in its
field of operation. 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 and its
estimates of small businesses to which
they apply may be over-inclusive to this
extent. The Commission is unable at
this time to define or quantify the
criteria that would establish whether a
specific facilities-based mobile wireless
provider impacted by the final rule is
dominant in its field of operation.
Accordingly, the estimate of small
businesses to which rules may apply for
this industry description is therefore
possibly over-inclusive and thus may
overstate the number of small entities
that might be affected by our action.
17. Wireless Communications
Services. Wireless Communications
Services (WCS) can be used for a variety
of fixed, mobile, radiolocation, and
digital audio broadcasting satellite
services. Wireless spectrum is made
available and licensed for the provision
of wireless communications services in
several frequency bands subject to part
27 of the Commission’s rules. Wireless
Telecommunications Carriers (except
Satellite) is the closest industry with a
SBA small business size standard
applicable to these services. The SBA
small business size standard for this
industry classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
there were 2,893 firms that operated in
this industry for the entire year. Of this
number, 2,837 firms employed fewer
than 250 employees. Thus under the
SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
18. The Commission’s small business
size standards with respect to WCS
involve eligibility for bidding credits
and installment payments in the auction
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of licenses for the various frequency
bands included in WCS. When bidding
credits are adopted for the auction of
licenses in WCS frequency bands, such
credits may be available to several types
of small businesses based average gross
revenues (small, very small and
entrepreneur) pursuant to the
competitive bidding rules adopted in
conjunction with the requirements for
the auction and/or as identified in the
designated entities section in part 27 of
the Commission’s rules for the specific
WCS frequency bands.
19. In frequency bands where licenses
were subject to auction, the Commission
notes that as a general matter, the
number of winning bidders that qualify
as small businesses at the close of an
auction does not necessarily represent
the number of small businesses
currently in service. Further, the
Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
20. The Commission expects the
potential rules addressed in the FNPRM
will impose new or additional reporting,
recordkeeping, and/or other compliance
obligations on facilities-based CMRS
providers, who would potentially be
required to keep records related to
bilateral roaming agreements with other
providers, submit reports to the
Commission summarizing the
utilization and effectiveness of roaming
measures during times of disasters, and
submit documents detailing the regular
testing of their roaming capabilities. In
the FNPRM the Commission raises
various matters relating to the reporting
requirement obligations we should
adopt, including whether to implement
a standardized, streamlined reporting
format, what information should be
included in reports, should the
information reported be treated as
confidential, and when and how often
should reports be filed with the
Commission. The Commission also asks
whether any provisions of the
Framework should be included in
reporting requirement obligations for
facilities-based CMRS providers.
21. The FNPRM seeks comment on a
number of aspects relating to our
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proposals and matters the Commission
discusses, including the benefits and
costs associated with a provider’s
implementation of them. The
Commission seeks comment on and has
requested cost and benefit information
from commenters pertaining to our
proposals, inquiries and conclusions in
the FNPRM. The Commission expects
the comments received in response the
FNPRM to include information
addressing costs, benefits, and other
matters of concern which should help
the Commission further identify and
evaluate relevant issues for small
entities, including compliance costs
before adopting final rules.
E. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
22. 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 (among
others) the following four alternatives:
(1) the establishment of differing
compliance or reporting requirements or
timetables that take into account the
resources available to small entities; (2)
the clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for such small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for such small entities.
23. The Commission has taken
specific steps to address some of the
costs for facilities-based mobile wireless
providers subject to the potential rules
discussed in the FNPRM. The
Commission seeks to give facilitiesbased mobile wireless providers
maximum flexibility and reduce
potential costs of compliance, and
believe the best approach is to solicit
input from facilities-based mobile
wireless providers on the issues raised
in the FNPRM. The Commission further
believes that burdens on small and other
providers would be diminished, and the
value of the information collected
increased, if providers were required to
submit their reports in a standardized
and streamlined format.
24. The Commission has proposed
and seeks comment (including any
associated costs and benefits), on
requiring the Public Safety and
Homeland Security Bureau, under
delegated authority, to develop a
standardized reporting form for the
purposes of a provider’s compliance
with § 4.17(c) of our rules.
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25. The Commission is mindful that
small and other providers subject to any
new rules adopted in this proceeding
may incur compliance costs. To assist in
the Commission’s evaluation of the
economic impact on small entities, the
Commission seeks comment on the
costs and benefits of various proposals
and alternatives in the FNPRM. Having
data on the costs and economic impact
of proposals and approaches will allow
the Commission to better evaluate
options and alternatives for
minimization should there be a
significant economic impact on small
entities as a result of our proposals. We
expect to more fully consider the
economic impact on small entities
following our review of comments filed
in response to the FNPRM, including
costs and benefits analyses, and this
IRFA. The Commission’s evaluation of
this information will shape the final
alternatives it considers to minimize
any significant economic impact that
may occur on small entities, the final
conclusions it reaches and any final
rules it promulgates in this proceeding.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
26. None
SYNOPSIS
jspears on DSK121TN23PROD with PROPOSALS
II. Further Notice of Proposed
Rulemaking
27. In the final rule published
elsewhere in this issue of the Federal
Register, the Commission takes steps to
improve the reliability and resiliency of
commercial wireless networks by
codifying key provisions of the 2016
Wireless Resiliency Cooperative
Framework (Framework). The
Commission mandates key provisions of
the Framework for all facilities-based
wireless providers, expands the
conditions that trigger its activation,
adopts testing and reporting
requirements, and codifies these
modifications in a new ‘‘Mandatory
Disaster Response Initiative’’ (MDRI). In
this respect, when activated the MDRI
requires providers to: provide for
reasonable roaming under disaster
arrangements (RuDs) when technically
feasible and when particular operational
circumstances are met; establish mutual
aid arrangements with other facilitiesbased mobile wireless providers for
providing aid upon request to those
providers during emergencies; take
reasonable measures to enhance
municipal preparedness and restoration;
take reasonable measures to increase
consumer readiness and preparation;
and take reasonable measures to
VerDate Sep<11>2014
16:46 Sep 29, 2022
Jkt 256001
improve public awareness and
stakeholder communications on service
and restoration status. Under the final
rule, MDRI will be activated when any
entity authorized to declare Emergency
Support Function 2 (ESF–2) activates
ESF–2 for a given emergency or disaster,
the Commission activates the Disaster
Information Reporting System (DIRS), or
the Commission’s Chief of Public Safety
and Homeland Security issues a Public
Notice activating the MDRI in response
to a state request to do so, where the
state has also either activated its
Emergency Operations Center, activated
mutual aid or proclaimed a local state
of emergency.
28. The reporting obligation adopted
in the final rule at § 4.17(c) of requires
facilities-based mobile wireless
providers to submit a report detailing
the timing, duration and effectiveness of
their implementation of the MDRI’s
provisions within 60 days of when the
Public Safety and Homeland Security
Bureau (Bureau) issues a Public Notice
announcing such reports must be filed
for providers operating in a given
geographic area in the aftermath of a
disaster. Initial reports from providers
pursuant to § 4.17(c) will be due in
response to the first triggering event, as
described at § 4.17(a), that occurs on or
after a provider’s associated compliance
date.
29. In the FNPRM the Commission
seeks comment on whether it would be
beneficial to create a standardized form
that providers could use for future
reporting under rule § 4.17(c). To this
end, the Commission proposes to direct
the Public Safety and Homeland
Security Bureau, under delegated
authority, to develop a standardized
reporting form. The Commission seeks
comment on this approach and any
associated costs and benefits.
30. The Commission also seeks
comment on the contents of such
standardized reporting forms. AT&T, for
example, suggests that relevant details
may include whether a provider
roamed, the other providers it roamed
with, the time period involved and, if
relevant, the time it took for a provider
to perform a health assessment and
activate roaming. The Commission seeks
comment on all the approaches
described here, including on the
associated costs and benefits.
31. The Commission seeks comment
also on the basis pursuant to which
facilities-based mobile wireless
providers could seek confidential
treatment for reports under the
Commission’s confidentiality rules, or if
such reports should be publicly filed.
The Commission seeks comment on an
appropriate compliance date for
PO 00000
Frm 00042
Fmt 4702
Sfmt 9990
59383
providers’ use of any new standardized
reporting form(s) that may be
developed, including whether the
compliance date should depend on the
class of provider (e.g., large versus small
providers) subject to the requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022–19744 Filed 9–29–22; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 51
[WC Docket No. 19–308; DA No. 22–925;
FR ID 105840]
Pleading Cycle Established for Petition
for Reconsideration Filed by Sonic
Telecom, LLC
Federal Communications
Commission.
AGENCY:
Notice; request for comments;
correction.
ACTION:
The Wireline Competition
Bureau published a document in the
Federal Register on September 19, 2022,
establishing a pleading cycle for the
Petition for Reconsideration filed by
Sonic Telecom, LLC of portions of the
Modernizing Unbundling and Resale
Requirements in an Era of NextGeneration Networks and Services
Report and Order. There is a
typographical error in the dates section
of this document, incorrectly referring
to the reply deadline as on or before
‘‘September 29, 2022’’ when it should
read ‘‘October 14, 2022.’’
SUMMARY:
This correction is effective
immediately.
DATES:
FOR FURTHER INFORMATION CONTACT:
Megan Danner, Competition Policy
Division, Wireline Competition Bureau,
at Megan.Danner@fcc.gov, or (202) 418–
1151.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of September
19, 2022, in FR doc. 2022–20153, on
page 57165, in the first column, correct
the reply deadline to read: ‘‘October 14,
2022.’’
Federal Communications Commission.
Pamela Arluk,
Division Chief, Competition Policy Division,
Wireline Competition Bureau.
[FR Doc. 2022–21195 Filed 9–29–22; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\30SEP1.SGM
30SEP1
Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59379-59383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19744]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 4
[PS Docket No. 21-346; PS Docket No. 15-80; ET Docket No. 04-35; FCC
22-50; FR ID 103460]
Disruptions to Communications
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In a final rule published elsewhere in this issue of the
Federal Register (final rule), the Federal Communications Commission
(FCC or Commission) adopts a new ``Mandatory Disaster Response
Initiative'' (MDRI). The final rule requires providers to file reports
with the Commission following the MDRI's activation, including testing
of their roaming capabilities and reporting on the performance of their
implementation of the MDRI to the Commission after the events. In the
Further Notice of Proposed Rulemaking (FNPRM), the Commission seeks
comment on whether reports submitted under the final rule would benefit
from standardization, and what that should entail.
DATES: Comments are due on or before October 31, 2022 and reply
comments are due on or before November 29, 2022.
ADDRESSES: You may submit comments, identified by PS Docket No. 21-346;
PS Docket No. 15-80; and ET Docket No. 04-35, by any of the following
methods:
Federal Communications Commission's Website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
Mail: Parties who choose to file by paper must file an
original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9050
[[Page 59380]]
Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service
first-class, Express, and Priority mail must be addressed to 45 L
Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the Commission
no longer accepts any hand or messenger delivered filings. This is a
temporary measure taken to help protect the health and safety of
individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice)
or 202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Erika Olsen, Acting Division Chief,
Cybersecurity and Communications Reliability Division, Public Safety
and Homeland Security Bureau, (202) 418-2868, or via email at
[email protected], or Logan Bennett, Attorney Advisor, Cybersecurity
and Communications Reliability Division, Public Safety and Homeland
Security Bureau, (202) 418-7790, or via email at [email protected].
For additional information concerning the information collection
requirements contained in this document, contact Nicole Ongele, Office
of Managing Director, Performance Evaluation and Records Management,
202-418-2991, or by email to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM), FCC 22-50, adopted June
27, 2022, and released July 6, 2022. The full text of this document is
available by downloading the text from the Commission's website at:
https://docs.fcc.gov/public/attachments/FCC-22-50A1.pdf. When the FCC
Headquarters reopens to the public, the full text of this document will
also be available for public inspection and copying during regular
business hours in the FCC Reference Center, 45 L Street NE, Washington,
DC 20554. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Initial Paperwork Reduction Act of 1995 Analysis
The FNRM seeks comment on potential new or revised proposed
information collection requirements. If the Commission adopts any new
or revised final information collection requirements when the final
rules are adopted, the Commission will publish a document in the
Federal Register inviting further comments from the public on the final
information collection requirements, as required by the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3501-3520).
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the PRA. Public and agency
comments on the PRA proposed information collection requirements are
due November 29, 2022. Comments should address: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; (d) ways to minimize
the burden of the collection of information on the respondents,
including the use of automated collection techniques or other forms of
information technology. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the Commission seeks specific comment on how it might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.''
Initial Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), we have prepared this present 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 FNPRM. Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on the proposed rule. We will send
a copy of the FNPRM, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA). In addition, the
FNPRM and IRFA (or summaries thereof) will be published in the Federal
Register.
A. Need for, and Objectives of the Proposed Rules
2. The FNPRM follows the Commission's adoption of rules codifying
the Mandatory Disaster Response Initiative (MDRI), including a
mandatory reporting provision establishing a baseline of actions and
assurances that facilities-based mobile wireless providers will engage
in effective coordination and planning to maintain and restore network
connectivity around disasters.
3. The FNPRM further explores the reporting provision from the
final rule, and proposes the development of appropriate content and
formatting of reports by which the Commission can assess whether the
MDRI is being used by providers to enhance the reliability, resiliency,
and continuity of associated disaster-time communications. In the
FNPRM, the Commission seeks comment on: Whether to direct the Public
Safety and Homeland Security Bureau, under delegated authority, to
develop a standardized reporting form for the purposes of a provider's
compliance with Sec. 4.17(c) of our rules; The content of reports on
MDRI compliance; The basis pursuant to which facilities-based
commercial mobile radio service (CMRS) providers would be allowed to
seek confidential treatment for reports under the Commission's
confidentiality rule, or if other protections should apply, and; An
appropriate effective date for any new reporting form(s) that may be
developed, including whether the compliance date should depend on the
class of provider (e.g., large versus small providers) subject to the
requirements.
4. The FNPRM and matters upon which the Commission seeks comment
are made against the backdrop of Hurricane Ida, which hit the United
States as a Category 4 hurricane in August 2021 causing significant
flooding and damage in several states along the southern and
northeastern corridors of the United States. Hurricane Ida, as well as
recent hurricane and wildfire seasons, earthquakes in Puerto Rico, and
severe winter storms in Texas demonstrate that America's communications
infrastructure remains susceptible to disruption during disasters.
These disruptions can prevent the transmission of 911 calls, first
responder communications, Emergency Alert System (EAS) and Wireless
Emergency Alert (WEA) messages, and
[[Page 59381]]
other potentially life-saving information. They also can have cascading
detrimental effects on the economy and other critical infrastructures
due to interdependencies among sectors, including the transportation,
medical, and financial sectors, among others. Importantly, these
disruptions may involve any or all communications networks--including
wireline, wireless, cable, satellite, or broadcast facilities which
requires the Commission takes affirmative and swift action to improve
the reliability and resiliency of our Nation's communications networks
during emergencies.
5. The reporting obligation adopted in the final rule at Sec.
4.17(c) requires facilities-based wireless providers to submit a report
detailing the timing, duration, and effectiveness of their
implementation of the MDRI's provisions within 60 days of when the
Bureau issues a Public Notice announcing such reports must be filed for
providers operating in a given geographic area in the aftermath of a
disaster. Initial reports from providers pursuant to Sec. 4.17(c) will
be due in response to the first triggering event, as described at Sec.
4.17(a), that occurs on or after a provider's associated compliance
date.
6. In the FNPRM the Commission seeks comment on whether it would be
beneficial to create a standardized form that providers could use for
future reporting under rule Sec. 4.17(c). To this end, the Commission
proposes to direct the Public Safety and Homeland Security Bureau,
under delegated authority, to develop a standardized reporting form.
The Commission seeks comment on this approach and any associated costs
and benefits.
7. The Commission also seeks comment on the contents of such
standardized reporting forms. AT&T, for example, suggests that relevant
details may include whether a provider roamed, the other providers it
roamed with, the time period involved and, if relevant, the time it
took for a provider to perform a health assessment and activate
roaming. The Commission seeks comment on all the approaches described
here, including on the associated costs and benefits.
8. The Commission seeks comment also on the basis pursuant to which
facilities-based mobile wireless providers could seek confidential
treatment for reports under the Commission's confidentiality rules, or
if such reports should be publicly filed. The Commission seeks comment
on an appropriate compliance date for providers' use of any new
standardized reporting form(s) that may be developed, including whether
the compliance date should depend on the class of provider (e.g., large
versus small providers) subject to the requirements.
B. Legal Basis
9. The proposed action is authorized pursuant to sections 1, 4(i),
4(j), 4(o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g),
303(j), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-1, and 615c of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)
through (j) & (o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g),
303(j), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-1, and 615c.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
10. The RFA directs agencies to provide a description of and, where
feasible, an estimate of, the number of small entities that may be
affected by the rules, adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
11. Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. The Commission's actions may, over time, affect small
entities that are not easily categorized at present. The Commission
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 SBA's
Office of Advocacy, in general a small business is an independent
business having fewer than 500 employees. These types of small
businesses represent 99.9% of all businesses in the United States which
translates to 32.5 million businesses.
12. 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.''
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 2020, there were
approximately 447,689 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.
13. 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 90,056 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 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.''
14. The final rules apply only to facilities-based mobile wireless
providers, which include small entities as well as larger entities. The
Commission has not developed a small business size standard directed
specifically toward these entities. However in our cost estimate
discussion below, we estimate costs based on Commission data that there
are approximately 63 small facilities-based mobile wireless providers.
As described below, these entities fit into larger industry categories
that provide these facilities or services for which the SBA has
developed small business size standards.
15. 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
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2021 Universal
Service Monitoring Report, as
[[Page 59382]]
of December 31, 2020, there were 797 providers that reported they were
engaged in the provision of wireless services. Of these providers, the
Commission estimates that 715 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
16. The Commission notes that while facilities-based mobile
wireless providers fall into this industry description, in assessing
whether a business concern qualifies as ``small'' under the above SBA
size standard, business (control) affiliations must be included.
Another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. 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 and its estimates of small
businesses to which they apply may be over-inclusive to this extent.
The Commission is unable at this time to define or quantify the
criteria that would establish whether a specific facilities-based
mobile wireless provider impacted by the final rule is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply for this industry description is therefore
possibly over-inclusive and thus may overstate the number of small
entities that might be affected by our action.
17. Wireless Communications Services. Wireless Communications
Services (WCS) can be used for a variety of fixed, mobile,
radiolocation, and digital audio broadcasting satellite services.
Wireless spectrum is made available and licensed for the provision of
wireless communications services in several frequency bands subject to
part 27 of the Commission's rules. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with a SBA small business
size standard applicable to these services. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of this number, 2,837 firms employed fewer than 250 employees.
Thus under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
18. The Commission's small business size standards with respect to
WCS involve eligibility for bidding credits and installment payments in
the auction of licenses for the various frequency bands included in
WCS. When bidding credits are adopted for the auction of licenses in
WCS frequency bands, such credits may be available to several types of
small businesses based average gross revenues (small, very small and
entrepreneur) pursuant to the competitive bidding rules adopted in
conjunction with the requirements for the auction and/or as identified
in the designated entities section in part 27 of the Commission's rules
for the specific WCS frequency bands.
19. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
20. The Commission expects the potential rules addressed in the
FNPRM will impose new or additional reporting, recordkeeping, and/or
other compliance obligations on facilities-based CMRS providers, who
would potentially be required to keep records related to bilateral
roaming agreements with other providers, submit reports to the
Commission summarizing the utilization and effectiveness of roaming
measures during times of disasters, and submit documents detailing the
regular testing of their roaming capabilities. In the FNPRM the
Commission raises various matters relating to the reporting requirement
obligations we should adopt, including whether to implement a
standardized, streamlined reporting format, what information should be
included in reports, should the information reported be treated as
confidential, and when and how often should reports be filed with the
Commission. The Commission also asks whether any provisions of the
Framework should be included in reporting requirement obligations for
facilities-based CMRS providers.
21. The FNPRM seeks comment on a number of aspects relating to our
proposals and matters the Commission discusses, including the benefits
and costs associated with a provider's implementation of them. The
Commission seeks comment on and has requested cost and benefit
information from commenters pertaining to our proposals, inquiries and
conclusions in the FNPRM. The Commission expects the comments received
in response the FNPRM to include information addressing costs,
benefits, and other matters of concern which should help the Commission
further identify and evaluate relevant issues for small entities,
including compliance costs before adopting final rules.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
22. 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 (among others) the
following four alternatives: (1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.
23. The Commission has taken specific steps to address some of the
costs for facilities-based mobile wireless providers subject to the
potential rules discussed in the FNPRM. The Commission seeks to give
facilities-based mobile wireless providers maximum flexibility and
reduce potential costs of compliance, and believe the best approach is
to solicit input from facilities-based mobile wireless providers on the
issues raised in the FNPRM. The Commission further believes that
burdens on small and other providers would be diminished, and the value
of the information collected increased, if providers were required to
submit their reports in a standardized and streamlined format.
24. The Commission has proposed and seeks comment (including any
associated costs and benefits), on requiring the Public Safety and
Homeland Security Bureau, under delegated authority, to develop a
standardized reporting form for the purposes of a provider's compliance
with Sec. 4.17(c) of our rules.
[[Page 59383]]
25. The Commission is mindful that small and other providers
subject to any new rules adopted in this proceeding may incur
compliance costs. To assist in the Commission's evaluation of the
economic impact on small entities, the Commission seeks comment on the
costs and benefits of various proposals and alternatives in the FNPRM.
Having data on the costs and economic impact of proposals and
approaches will allow the Commission to better evaluate options and
alternatives for minimization should there be a significant economic
impact on small entities as a result of our proposals. We expect to
more fully consider the economic impact on small entities following our
review of comments filed in response to the FNPRM, including costs and
benefits analyses, and this IRFA. The Commission's evaluation of this
information will shape the final alternatives it considers to minimize
any significant economic impact that may occur on small entities, the
final conclusions it reaches and any final rules it promulgates in this
proceeding.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
26. None
SYNOPSIS
II. Further Notice of Proposed Rulemaking
27. In the final rule published elsewhere in this issue of the
Federal Register, the Commission takes steps to improve the reliability
and resiliency of commercial wireless networks by codifying key
provisions of the 2016 Wireless Resiliency Cooperative Framework
(Framework). The Commission mandates key provisions of the Framework
for all facilities-based wireless providers, expands the conditions
that trigger its activation, adopts testing and reporting requirements,
and codifies these modifications in a new ``Mandatory Disaster Response
Initiative'' (MDRI). In this respect, when activated the MDRI requires
providers to: provide for reasonable roaming under disaster
arrangements (RuDs) when technically feasible and when particular
operational circumstances are met; establish mutual aid arrangements
with other facilities-based mobile wireless providers for providing aid
upon request to those providers during emergencies; take reasonable
measures to enhance municipal preparedness and restoration; take
reasonable measures to increase consumer readiness and preparation; and
take reasonable measures to improve public awareness and stakeholder
communications on service and restoration status. Under the final rule,
MDRI will be activated when any entity authorized to declare Emergency
Support Function 2 (ESF-2) activates ESF-2 for a given emergency or
disaster, the Commission activates the Disaster Information Reporting
System (DIRS), or the Commission's Chief of Public Safety and Homeland
Security issues a Public Notice activating the MDRI in response to a
state request to do so, where the state has also either activated its
Emergency Operations Center, activated mutual aid or proclaimed a local
state of emergency.
28. The reporting obligation adopted in the final rule at Sec.
4.17(c) of requires facilities-based mobile wireless providers to
submit a report detailing the timing, duration and effectiveness of
their implementation of the MDRI's provisions within 60 days of when
the Public Safety and Homeland Security Bureau (Bureau) issues a Public
Notice announcing such reports must be filed for providers operating in
a given geographic area in the aftermath of a disaster. Initial reports
from providers pursuant to Sec. 4.17(c) will be due in response to the
first triggering event, as described at Sec. 4.17(a), that occurs on
or after a provider's associated compliance date.
29. In the FNPRM the Commission seeks comment on whether it would
be beneficial to create a standardized form that providers could use
for future reporting under rule Sec. 4.17(c). To this end, the
Commission proposes to direct the Public Safety and Homeland Security
Bureau, under delegated authority, to develop a standardized reporting
form. The Commission seeks comment on this approach and any associated
costs and benefits.
30. The Commission also seeks comment on the contents of such
standardized reporting forms. AT&T, for example, suggests that relevant
details may include whether a provider roamed, the other providers it
roamed with, the time period involved and, if relevant, the time it
took for a provider to perform a health assessment and activate
roaming. The Commission seeks comment on all the approaches described
here, including on the associated costs and benefits.
31. The Commission seeks comment also on the basis pursuant to
which facilities-based mobile wireless providers could seek
confidential treatment for reports under the Commission's
confidentiality rules, or if such reports should be publicly filed. The
Commission seeks comment on an appropriate compliance date for
providers' use of any new standardized reporting form(s) that may be
developed, including whether the compliance date should depend on the
class of provider (e.g., large versus small providers) subject to the
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-19744 Filed 9-29-22; 8:45 am]
BILLING CODE 6712-01-P