The Uniendo a Puerto Rico Fund and the Connect USVI Fund, Connect America Fund, 67660-67665 [2022-24395]
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Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Proposed Rules
b. Adding paragraph (d).
The addition reads as follows:
§ 162.1202 Standards for eligibility for a
health plan transaction.
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(d) For the period on and after [date
TBD], the following standards:
(1) Retail pharmacy drugs. The
Telecommunication Standard
Implementation Guide Version F6
(Version F6), January 2020, and
equivalent Batch Standard
Implementation Guide, Version 15
(Version 15), October 2017
(incorporated by reference, see
§ 162.920).
(2) Dental, professional, and
institutional health care eligibility
benefit inquiry and response. The ASC
X12 Standards for Electronic Data
Interchange Technical Report Type 3—
Health Care Eligibility Benefit Inquiry
and Response (270/271), April 2008,
ASC X12N/005010X279 (incorporated
by reference, see § 162.920).
■ 5. Section 162.1302 is amended by—
■ a. In paragraph (c), removing the
phrase ‘‘For the period on and after
January 1, 2012,’’ and adding in its
place the phrase ‘‘For the period from
January 1, 2012, through [date TBD],’’.
■ b. In paragraph (d) introductory text,
removing the phrase ‘‘For the period on
and after September 21, 2020,’’ and
adding in its place the phrase, ‘‘For the
period on and after September 21, 2020,
through [date TBD],’’.
■ c. Adding paragraph (e).
The addition reads as follows:
§ 162.1302 Standards for referral
certification and authorization transaction.
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(e) For the period on and after [date
TBD], the following standards:
(1) Retail pharmacy drugs. The
Telecommunication Standard
Implementation Guide Version F6
(Version F6), January 2020, and
equivalent Batch Standard
Implementation Guide, Version 15
(Version 15), October 2017
(incorporated by reference, see
§ 162.920).
(2) Dental, professional, and
institutional request for review and
response. The ASC X12 Standards for
Electronic Data Interchange Technical
Report Type 3—Health Care Services
Review—Request for Review and
Response (278), May 2006, ASC X12N/
005010X217, and Errata to Health Care
Services Review—Request for Review
and Response (278), ASC X12 Standards
for Electronic Data Interchange
Technical Report Type 3, April 2008,
ASC X12N/005010X217E1
(incorporated by reference, see
§ 162.920).
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6. Section 162.1802 is amended by—
a. In paragraph (c), removing the
phrase ‘‘For the period on and after
January 1, 2012,’’ and adding in its
place the phrase ‘‘For the period from
January 1, 2012, through [date TBD],’’.
■ b. In paragraph (d) introductory text,
removing the phrase ‘‘For the period on
and after September 21, 2020,’’ and
adding in its place the phrase ‘‘For the
period on and after September 21, 2020,
through [date TBD],’’.
■ c. Adding paragraph (e).
The addition reads as follows:
§ 162.1901 Pharmacy subrogation
transaction.
§ 162.1802 Standards for coordination of
benefits information transaction.
(a) The Secretary adopts the following
standards for the Medicaid pharmacy
subrogation transaction, described in
§ 162.1901(a), for the period from
January 1, 2012, through [date TBD],
The Batch Standard Medicaid
Subrogation Implementation Guide,
Version 3, Release 0 (Version 3.0), July
2007, as referenced in § 162.1902
(incorporated by reference, see
§ 162.920).
(b) The Secretary adopts the following
standard for the pharmacy subrogation
transaction, described in § 162.1901(b),
The Batch Standard Subrogation
Implementation Guide, Version 10
(Version 10), September 2019, as
referenced in § 162.1902 (incorporated
by reference, see § 162.920).
(1) For the period on and after [date
TBD], for covered entities that are not
small health plans.
(2) For the period on and after [date
TBD], for small health plans.
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(e) For the period on and after [date
TBD], the following standards:
(1) Retail pharmacy drug claims. The
Telecommunication Standard
Implementation Guide Version F6
(Version F6), January 2020 and
equivalent Batch Standard
Implementation Guide, Version 15
(Version 15) October 2017 (incorporated
by reference, see § 162.920).
(2) Dental health care claims. The
ASC X12 Standards for Electronic Data
Interchange Technical Report Type 3—
Health Care Claim: Dental (837), May
2006, ASC X12N/005010X224, and
Type 1 Errata to Health Care Claim:
Dental (837) ASC X12 Standards for
Electronic Data Interchange Technical
Report Type 3, October 2007, ASC
X12N/005010X224A1 (incorporated by
reference, see § 162.920).
(3) Professional health care claims.
The ASC X12 Standards for Electronic
Data Interchange Technical Report Type
3—Health Care Claim: Professional
(837), May 2006, ASC X12N/
005010X222 (incorporated by reference,
see § 162.920).
(4) Institutional health care claims.
The ASC X12 Standards for Electronic
Data Interchange Technical Report Type
3—Health Care Claim: Institutional
(837), May 2006, ASC X12N/
005010X223, and Type 1 Errata to
Health Care Claim: Institutional (837)
ASC X12 Standards for Electronic Data
Interchange Technical Report Type 3,
October 2007, ASC X12N/
005010X223A1 (incorporated by
reference, see § 162.920).
■ 7. Revise the heading of subpart S to
read as follows:
Subpart S—Pharmacy Subrogation
8. Section 162.1901 is amended by—
a. Revising the section heading.
b. Designating the text of the section
as paragraph (a) and adding paragraph
(b).
The revision and addition read as
follows:
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(b) The pharmacy subrogation
transaction is the transmission of a
request for reimbursement of a
pharmacy claim from a health plan that
paid the claim, for which it did not have
payment responsibility, to the health
plan responsible for the claim.
■ 9. Section 162.1902 is revised to read
as follows:
§ 162.1902 Standards for pharmacy
subrogation transaction.
Dated: November 1, 2022.
Xavier Becerra
Secretary, Department of Health and Human
Services.
[FR Doc. 2022–24114 Filed 11–7–22; 4:15 pm]
BILLING CODE 4150–28–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 18–143, 10–90; FCC 22–
79; FR ID 112958]
The Uniendo a Puerto Rico Fund and
the Connect USVI Fund, Connect
America Fund
Federal Communications
Commission
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) seeks comment on
proposals to ensure that mobile carriers
continue to implement advanced
telecommunications services and that
fixed providers have sufficient
SUMMARY:
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Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Proposed Rules
resiliency and redundancy during the
transition periods of the Bringing Puerto
Rico Together Fund and the Connect
USVI Fund.
DATES: Comments are due on or before
December 9, 2022, and reply comments
are due on or before December 27, 2022.
ADDRESSES: You may submit comments,
identified by WC Docket Nos. 10–90 and
18–143, by any of the following
methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS): https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of a proceeding, the
Commission’s rules require paper filers
to submit two additional copies for each
additional docket or rulemaking
number.
• Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 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 at its headquarters.
This is a temporary measure taken to
help protect the health and safety of
individuals, and to mitigate the
transmission of COVID–19.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated in this
document. Comments may be filed
using ECFS. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998). If you anticipate
that you will be submitting comments,
but find it difficult to do so within the
period of time allowed by this
document, you should advise the
contact listed in the following as soon
as possible.
People with Disabilities. To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
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send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For
further information, please contact,
Dangkhoa Nguyen, Telecommunications
Access Policy Division, Wireline
Competition Bureau, at
Dangkhoa.Nguyen@fcc.gov or 202–418–
7400, or Jesse Jachman,
Telecommunications Access Policy
Division, Wireline Competition Bureau,
at Jesse.Jachman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
Notice of Proposed Rulemaking
(FNPRM) in WC Docket Nos. 18–143
and 10–90, adopted on October 27,
2022, and released on October 28, 2022.
Due to the COVID–19 pandemic, the
Commission’s headquarters will be
closed to the general public until further
notice. The full text of this document is
available at the following internet
address: https://www.fcc.gov/document/
fcc-further-strengthen-storm-hardenedpuerto-rico-usvi-networks-0.
Ex Parte Presentations. This
proceeding shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must: (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
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method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
I. Introduction
1. According to the United States
Department of Agriculture, ‘‘the major
threat of disaster in Puerto Rico and the
U.S. Virgin Islands comes from
hurricanes, tropical storms, and
drought.’’ In 2017, two hurricanes
battered these Territories, causing
extensive damage and loss of life.
Although repair of infrastructure was
critical, ‘‘simply putting vulnerable
systems back to the way they were
before they collapsed is not enough.’’
The outages, flooding, and landslides in
Puerto Rico caused by the recent
Hurricane Fiona demonstrate that
infrastructure in areas prone to
hurricanes must be built to withstand
storm damage and have redundant
capabilities.
2. In the aftermath of the 2017
hurricanes, the Commission committed
to ensuring the restoration, hardening,
and expansion of advanced
telecommunications networks in the
Territories by creating the Bringing
Puerto Rico Together Fund and the
Connect USVI Fund. As part of these
efforts, the Commission adopted a plan
to support state-of-the-art mobile
wireless networks, including the 5G
services being deployed nationwide. For
fixed broadband services, the
Commission adopted a new, singleround competitive process to award
fixed broadband support tied to defined
deployment and public interest
obligations over a 10-year period in
place of the frozen support carriers were
then receiving. With the effects of
Hurricane Fiona clearly evident, the
Commission now seeks to build on
these efforts and ensure that carriers
maintain and strengthen existing
facilities while network construction
and improvement continue toward the
goal of bringing more advanced services
to the Commonwealth of Puerto Rico
and the U.S. Virgin Islands (together
‘‘the Territories’’). As explained in the
following, the Commission seeks
comment on proposals to ensure that
mobile carriers continue to implement
advanced telecommunications services
and that fixed providers have sufficient
resiliency and redundancy during the
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transition periods of the Bringing Puerto
Rico Together Fund and the Connect
USVI Fund.
II. The Bringing Puerto Rico Together
Fund and the Connect USVI Fund
3. The Commission provided a threeyear period of support for mobile
carriers to rebuild their networks to
their pre-hurricane coverage levels. In
addition, carriers had the opportunity to
accept additional funding dedicated to
the expansion of 5G services throughout
the Territories. Although substantial
progress has been made, this Stage 2
mobile support will end in 2023, and it
appears now that more work is needed
to ensure that Puerto Rico and the U.S.
Virgin Islands enjoy the same levels of
service as the mainland. Hurricane
Fiona has provided a reminder of the
critical nature of mobile services in
times of emergency and that carriers
must have the resources necessary to
prepare for and repair from severe
storms. The Commission seeks comment
on these issues.
4. Transition for Mobile Support. The
Commission proposes to provide
transitional support to those eligible
facilities-based mobile carriers currently
receiving Stage 2 mobile support. The
transitional support is for the purpose of
maintaining the availability of service
until a longer-term support mechanism
is adopted and does not supplant the
Commission’s goal of furthering the
deployment of advanced mobile
services. The Commission believes that
the preservation of service and
advancement of mobile networks will be
best achieved by providing transitional
support for facilities-based carriers
participating in the Bringing Puerto Rico
Together Fund and the Connect USVI
Fund. At a time of heightened risk from
hurricanes, the Commission feels that
any lapse in funding, no matter how
brief, may leave progress already made
in increasing the robustness of existing
4G telecom services and expanding 5G
at risk. Should all facilities-based
carriers that received mobile support for
restoration, hardening, and expansion
be eligible for transitional support? The
Commission also notes that support
recipients in the Territories must submit
their first annual reports later this year.
Should the data the Commission
receives from those reports impact the
provision of transitional support?
5. Transitional Support Schedule. For
the transition period, the Commission
proposes to provide support for up to
two years (24 months) beginning in the
month immediately following the
conclusion of each eligible carrier’s
current Stage 2 mobile support. The
Commission tentatively concludes that
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providing support immediately
following the completion of the current
mobile support period will allow a
seamless preservation of service and
will encourage carriers to continue the
hardening and expansion of advanced
mobile networks in the Territories. The
Commission seeks comment on this
tentative conclusion.
6. The Commission adopted the
current Stage 2 three-year support
period to allow further development of
the procedures and standards for mobile
voice and broadband services for
possible future application in the
Territories. At the time, the Commission
anticipated issuing a Further Notice of
Proposed Rulemaking to seek comment
on the implementation of a long-term
support process for high-speed mobile
broadband networks through Puerto
Rico and the U.S. Virgin Islands before
Stage 2 ended. Notwithstanding the
Commission’s proposal for a transition
period of up to two years, it proposes
that transitional support will cease once
support is authorized under a long-term
mobile wireless mechanism for Puerto
Rico and the U.S. Virgin Islands. The
Commission seeks comment on its
proposal for the period of transitional
support, including whether to continue
transitional support after two years if
authorizations under a long-term
mechanism have not yet occurred.
7. Transitional Support Amounts. The
Commission proposes to provide
transitional support for each eligible
facilities-based mobile carrier in an
amount equal to the Stage 2 mobile
support it currently receives for 5G
technologies. For Stage 2, the
Commission allocated 25% of the total
Stage 2 mobile support of $258.8
million for the Territories toward 5G
network deployment. Participating
carriers elected to receive approximately
$21.2 million annually for 5G networks
in Puerto Rico and approximately
$367,000 annually for 5G networks in
the U.S. Virgin Islands. Carriers are
required to return any unused Stage 2
mobile support to the Universal Service
Administrative Company within 30
days following the end of the three-year
support period. The Commission’s
proposed transitional support amount is
based on the tentative conclusion that
mobile carriers will have successfully
restored and hardened their mobile
networks by the end of the Stage 2
period, so less support will be needed.
The Commission seeks comment on
whether Stage 2 recipients have already
been using more than 25% of their
available support, i.e., if recipients have
used a portion of the 75% of support
allocated for 4G LTE or better, for the
deployment of 5G technologies, to
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determine whether the proposed
amount of transitional support is
appropriate. The Commission notes that
it is in the process of updating its fixed
and mobile broadband availability maps
with more detailed and precise
information on the availability of fixed
and mobile broadband service. The
Commission seeks comment on whether
it should use these Broadband Data
Collection maps to determine
transitional support amounts or if it is
better to maintain a stable amount of
support to allow carriers to make plans
on how best to expand and harden their
networks.
8. The Commission required eligible
facilities-based mobile carriers to meet
interim and final milestones to restore
their network coverage to at least their
pre-hurricane area, while also meeting
public interest and network
performance obligations for 4G LTE and
5G network technologies. While the
interim milestone reporting deadline
date has not been reached, staff analyses
based on June 2021 Form 477 data
preliminarily indicate that mobile
carriers participating in the Bringing
Puerto Rico Together Fund and the
Connect USVI Fund will have met, or
exceeded, their interim milestone to
restore network coverages to at least
66% of their pre-hurricane coverages.
Similarly, the Commission’s review of
carriers’ publicly available coverage
maps reflects significant coverage of the
Territories with 4G LTE and 5G capable
networks. Do participating carriers
require a different amount of
transitional support to preserve service
following the full restoration of prehurricane coverage areas? Should the
transitional support for each eligible
facilities-based mobile carrier vary
depending on any network resilience
performance metrics? Should any
unused Stage 2 mobile support
designated for 5G networks be used to
offset a carrier’s transitional support?
For example, if a carrier was unable to
use all of the 25% of total support
allocated to 5G networks, should that
unused support be deducted from the
transitional support the carrier would
otherwise receive? Is the amount of
proposed transitional support sufficient
to permit carriers to further harden
advanced telecommunication networks
supporting 5G service? The Commission
seeks comment on its proposal for
transitional support amounts, along
with any evidence of why a different
support amount or alternative proposals
might be necessary.
9. Appropriate Use of Support. In the
2019 PR USVI Order, 84 FR 59937,
November 7, 2019, the Commission
observed that carriers were rapidly
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investing in 5G deployment across the
country and directed support toward 4G
LTE and 5G technologies to ensure that
consumers in the Territories were not
relegated to substandard mobile service.
In light of that investment, the
Commission proposes to limit
transitional support to restoring,
hardening, or expanding networks with
5G-capable networks, and to end use of
this support for 4G LTE. Would such a
requirement be consistent with the
Commission’s goal to ‘‘target universal
service funding to support the
deployment of the highest level of
mobile service available today’’? The
Commission alternatively seeks
comment on allowing support recipients
to use transitional support to restore (as
necessary), harden, or expand networks
with 4G LTE and 5G baseline
performance requirements and
standards set forth in the 2019 PR USVI
Order or any subsequent standard
adopted by Commission. Would any
other restrictions be appropriate? For
example, how would the Commission
curtail overbuilding or supporting
multiple mobile carriers in areas where
more than one carrier already provides
at least 4G LTE capable service?
10. Eligible Areas. The Commission
next seeks comment on allowing a
mobile carrier receiving transitional
support to continue using such support
for the provision, maintenance, and
upgrading of facilities and services
throughout its territory during the
transition. While the Commission
generally limits the scope of where
high-cost support can be used, the
Commission concluded that all areas of
Puerto Rico and the U.S. Virgin Islands
would be eligible for mobile high-cost
support for the restoration, hardening,
and expansion of networks to allow
carriers ‘‘certain flexibility . . . to
determine where hardening and/or
expansion will be most impactful.’’ Is it
still in the public interest to permit use
of support throughout Puerto Rico and
the U.S. Virgin Islands to implement
greater resiliency and redundancy
measures to safeguard and preserve
service during periods of future natural
disasters? Allowing a mobile eligible
telecommunications carrier (ETC) the
flexibility to allocate its use of high-cost
support throughout its territory could
allow a carrier to make more efficient
decisions to expand or harden networks,
as well as ensure service. Alternatively,
should the Commission require carriers
to limit the use of transitional support
to less populated areas of the Territories
based on data from the Broadband Data
Collection? What geographic or
population limitations, if any, should
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the Commission impose on the use of
support to preclude the overbuilding of
networks and to encourage hardening
and deployment in those areas with the
least robust coverage?
11. Minimum Service Requirements
and Reporting. The Commission
tentatively concludes that in exchange
for accepting transitional support, each
mobile carrier must commit to
accountability measures for deployment
in the Territories. Currently,
competitive carriers receiving high-cost
support to provide mobile, terrestrial
voice, and data services must comply
with minimum service requirements for
4G LTE and 5G–NR technologies.
Mobile support recipients are also
required to file reports and data
regarding the use of support for
hardening networks and 5G technology
deployment, and to maintain a Disaster
Preparation and Response Plan. The
Commission sees no reason to deviate
from including accountability measures,
and it proposes that carriers receiving
transitional support continue to be
subject to performance and reporting
requirements during the transitional
support period. The Commission seeks
comment on what type of performance
and reporting measures should be
adopted. Should there be specific
deployment commitments or
performance requirements by the mobile
carriers in exchange for transitional
support? If so, what are the appropriate
deployment commitments, performance
requirements, and corresponding
milestones the Commission should
consider for the transitional support?
What types of reports, data, and
verification mechanisms are required to
satisfy the deployment commitments
and performance requirements? When
and how often should mobile carriers be
required to submit the reports and data
the Commission proposes?
12. Minimum Security Reporting
Requirements. The provision of
advanced services necessitates a
recognition that such services, in order
to be effective and available, must be
reasonably secure. In order to further
the Commission’s goal of bringing more
advanced services to Puerto Rico and
the U.S. Virgin Islands, it proposes to
require that, in exchange for accepting
transitional support, a mobile carrier
report and explain the network security
controls that it has implemented and
how they are commensurate with
established best practices or an
established risk management
framework. The Commission seeks
comment on whether, in exchange for
accepting transitional support, it should
also require that mobile carriers report
and explain to the Commission
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instances of unauthorized access to their
systems and services. The Commission
seeks comment on how to minimize the
burden associated with these
disclosures, while also ensuring that
they promote the security of advanced
services. The Commission emphasizes
that mobile carriers’ cybersecurity
disclosures would not be intended to
implicate any additional expenditure of
transitional support funds. The
Commission seeks comment on this
approach.
13. Election of Transitional Support.
The Commission proposes that mobile
carriers affirmatively elect to receive the
transitional support, similar to the
election process it employed previously
for mobile support. Eligible carriers
would have a one-time opportunity to
elect to receive transitional support in
exchange for a commitment to
specifically ensure service in their
service areas and to use support only for
the provision, maintenance, and
upgrading of facilities and services for
which the transitional support is
intended. The Commission seeks
comment on the election process for its
proposed transitional support.
14. The Commission next addresses
the phase-down of frozen support
adopted in the 2019 PR USVI Order.
Carriers awarded fixed support to build
out high-speed broadband networks
with an emphasis on resiliency and
redundancy must complete 40% of their
required buildout by the end of 2024,
with an additional 20% of buildout
required at the end of each subsequent
year. However, as demonstrated by the
damage caused by Hurricane Fiona,
current telecommunications networks
must be maintained and protected until
the services on the new networks start
to become available. Under the
Commission’s current rules, the phasedown in frozen support for incumbent
carriers that did not win competitive
support will be complete in June 2023,
a full one and one-half years prior to the
first interim milestone for the winning
carriers in the competitive process. The
Commission is concerned that
incumbent carriers may have
insufficient resources to maintain their
networks and ensure resiliency during
this period.
15. To ensure continuity of service
throughout the Territories, the
Commission proposes to freeze phasedown support to the incumbent LECs
that did not win competitive support at
1⁄3 of their total legacy support until the
winning applicant is required to meet
its 60% deployment milestone by
December 31, 2025. The Commission
tentatively concludes that this revised
phase-down schedule for support strikes
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a more appropriate balance to ensure
service in light of the heightened risks
of hurricanes in the Territories during
the 18-month gap in time following the
end of the current phase-down schedule
and first deployment milestone deadline
of December 31, 2024, for winning
applicants. The Commission seeks
comment on this tentative conclusion.
The Commission notes that service may
already be available to consumers from
a winning Stage 2 applicant or other
unsubsidized carriers in certain areas. Is
providing support to areas where
service is already available consistent
with the Commission’s commitments to
fiscal responsibility and efficiently
targeted support? The Commission
seeks comment on whether the period of
time and amount of support it proposes
for additional phase-down support
promotes access to quality services in
the most cost-effective and efficient
manner possible.
16. While the Commission proposes
to extend phase-down support to
December 31, 2025, are there other
possible circumstances in which it
would be appropriate for the
Commission to consider extending or
shortening the phase-down period?
Would a significant delay or substantial
failure to meet the final deployment
milestone by the winning applicant
require an extension of phase-down
support? Conversely, should the
Commission consider shortening its
proposed additional phase-down period
if a winning applicant meets its
milestones earlier than required? The
Commission seeks comment on any
additional factors and circumstances it
should consider in adjusting the phasedown period. Are there actions the
Commission should take to ensure
sufficient flexibility in the event that
support should be curtailed or
extended?
17. The Commission also proposes
that an incumbent LEC must limit its
use of the phase-down support to
resiliency and redundancy measures,
consistent with the 2019 PR USVI
Order, to continue hardening its
network, and that the incumbent LEC
must at least maintain its current
footprint for voice and broadband
services. The Commission notes that
since part of the Disaster Preparation
and Response Plan adopted by the 2019
PR USVI Order includes ensuring
network diversity and backup power,
use of transitional phase-down support
to purchase and maintain generators to
address power failures would be
appropriate under the Commission’s
proposal. The Commission seeks
comment on requiring an incumbent
LEC receiving additional phase-down
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17:55 Nov 08, 2022
Jkt 259001
support to maintain its Disaster
Preparation and Preparedness Plan.
Should the Commission impose any
other specific uses or limitations, e.g., a
geographic limitation, for the use of
additional phase-down support? What
other obligations or commitments, if
any, should apply to an incumbent LEC
that receives additional phase-down
support under the Commission’s
proposal? The Commission also seeks
comment on whether to adopt a formal
procedural process for an incumbent
LEC to affirmatively accept additional
phase-down support or opt out of
receiving any additional phase-down
support.
18. To provide oversight and
accountability and prevent waste, fraud,
and abuse, the Commission proposes to
subject phase-down support recipients
to ongoing oversight by itself and the
Universal Service Administrative
Company. An incumbent LEC interested
in receiving this support would be
required to submit a spending plan for
its use of phase-down support for
redundancy and resiliency measures to
the Wireline Competition Bureau (the
Bureau) for approval. At the conclusion
of each calendar year, the incumbent
LEC would be required to provide the
Commission with a report of how the
phase-down support was spent on
resiliency and redundancy measures
consistent with the Bureau-approved
plan, along with a certification pursuant
to section 54.313(n) of the Commission’s
rules that the support was used only for
authorized purposes. The Commission
seeks comment on this proposal. Should
the Commission require additional
oversight and accountability measures
specific to the receipt of phase-down
support? Are there alternative measures
the Commission should consider to
ensure oversight and accountability of
providers receiving additional phasedown support?
19. Digital Equity and Inclusion.
Finally, the Commission, as part of its
continuing effort to advance digital
equity for all, including people of color,
persons with disabilities, persons who
live in rural or Tribal areas, and others
who are or have been historically
underserved, marginalized, or adversely
affected by persistent poverty or
inequality, invites comment on any
equity-related considerations and
benefits (if any) that may be associated
with the proposals and issues discussed
in this document. Specifically, the
Commission seeks comment on how its
proposals in the FNPRM may promote
or inhibit advances in diversity, equity,
inclusion, and accessibility, as well the
scope of the Commission’s relevant legal
authority.
PO 00000
Frm 00094
Fmt 4702
Sfmt 4702
III. Procedural Matters
A. Paperwork Reduction Act Analysis
20. The FNPRM may contain
proposed modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. The
Commission, as part of its continuing
effort to reduce paperwork burdens, will
invite the general public and the Office
of Management and Budget to comment
on any information collection
requirements contained in the
document, as required by the PRA. 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.’’
21. Initial Regulatory Flexibility
Certification. The Regulatory Flexibility
Act of 1980 as amended (RFA) requires
that a regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ The RFA generally defines
‘‘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.
22. The FNPRM proposes support to
maintain, improve, and expand mobile
services in Puerto Rico and the U.S.
Virgin Islands. The FNPRM proposes
making support available to a facilitiesbased mobile carrier that currently
receives funding and that maintains its
ETC designation using a subscriberbased process. Four mobile carriers in
the Territories currently receive highcost support and three carriers in the
Territories currently receive phasedown high-cost support discussed in the
FNPRM. The FNPRM does not propose
that other carriers will obtain an ETC
designation to receive part of the
additional support proposed by the
FNPRM, so the Commission does not
anticipate the proposed rule to affect
more than seven providers out of the
1,763 providers currently receiving
high-cost support. Accordingly, the
Commission anticipates that the FNPRM
E:\FR\FM\09NOP1.SGM
09NOP1
Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Proposed Rules
will not affect a substantial number of
carriers, and so it does not anticipate
that it will affect a substantial number
of small entities. Therefore, the
Commission certifies that the FNPRM
will not have a significant economic
impact on a substantial number of small
entities. See 5 U.S.C. 605(b).
IV. Ordering Clauses
23. Accordingly, it is ordered,
pursuant to the authority contained in
sections 4(i), 214, 254, 303(r), and 403
of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 214, 254,
303(r), and 403, and §§ 1.1 and 1.421 of
the Commission’s rules, 47 CFR 1.1 and
1.421, that this FNPRM is adopted.
24. It is further ordered that, pursuant
to the authority contained in sections
4(i), 214, 254, 303(r), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 214, 254,
303(r), and 403, and §§ 1.1 and 1.421 of
the Commission’s rules, 47 CFR 1.1 and
1.421, notice is hereby given of the
proposals and tentative conclusions
described in the FNPRM of Proposed
Rulemaking.
25. It is further ordered that pursuant
to applicable procedures set forth in
§§ 1.415 and 1.419 of the Commission’s
Rules, 47 CFR 1.415, 1.419, interested
parties may file comments on the
FNPRM on or before 30 days from
publication of this item in the Federal
Register, and reply comments on or
before 45 days from publication of this
item in the Federal Register.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022–24395 Filed 11–8–22; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BL42
khammond on DSKJM1Z7X2PROD with PROPOSALS
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands Halibut AbundanceBased Management of Amendment 80
Prohibited Species Catch Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The North Pacific Fishery
Management Council (Council)
SUMMARY:
VerDate Sep<11>2014
17:55 Nov 08, 2022
Jkt 259001
submitted Amendment 123 to the
Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI FMP) to the Secretary of
Commerce (Secretary) for review. If
approved, Amendment 123 would
amend regulations governing Pacific
halibut (Hippoglossus stenolepis)
(halibut) prohibited species catch (PSC),
or bycatch, limits in the Bering Sea and
Aleutian Islands (BSAI) to link the
halibut PSC limit for the Amendment 80
commercial groundfish trawl fleet in the
BSAI groundfish fisheries to halibut
abundance. This action is necessary to
comply with the requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). In particular,
National Standard 9 and National
Standard 1 require fishery management
plans to minimize halibut PSC to the
extent practicable while achieving
optimum yield in the BSAI groundfish
fisheries on a continuing basis. Further,
National Standard 4 requires fishery
management plans to ensure that when
it becomes necessary to allocate or
assign fishing privileges among various
U.S. fishermen, such allocation shall be
fair and equitable, reasonably calculated
to promote conservation, and carried
out in such manner that no particular
individual, corporation, or other entity
acquires an excessive share of such
privileges. National Standard 8 requires
that conservation and management
measures take into account the
importance of fishery resources to
fishing communities by utilizing
economic and social data that are based
upon the best scientific information
available in order to provide for the
sustained participation of such
communities and, to the extent
practicable, minimize adverse economic
impacts on such communities.
Amendment 123 is intended to promote
the goals and objectives of the
Magnuson-Stevens Act, the BSAI FMP,
and other applicable laws.
DATES: Comments must be received no
later than January 9, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0088, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
https://www.regulations.gov and enter
[NOAA–NMFS–2022–0088] in the
Search box. Click the ‘‘Comment Now!’’
icon, complete the required fields, and
enter or attach your comments. Mail:
Submit written comments to Josh
Keaton, Acting Assistant Regional
PO 00000
Frm 00095
Fmt 4702
Sfmt 4702
67665
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the final
Environmental Impact Statement and
the Regulatory Impact Review
(collectively referred to as the
‘‘Analysis’’) prepared for this proposed
rule may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bridget Mansfield, 907–586–7642.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that
each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP
amendment, immediately publish a
notice in the Federal Register
announcing that the amendment is
available for public review and
comment. This notice announces that
proposed Amendment 123 to the BSAI
FMP is available for public review and
comment.
NMFS manages the U.S. groundfish
fisheries in the exclusive economic zone
under the BSAI FMP. The Council
prepared the BSAI FMP under the
authority of the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.). Regulations
governing U.S. fisheries and
implementing the BSAI FMP appear at
50 CFR parts 600 and 679. The
International Pacific Halibut
Commission (IPHC) and NMFS manage
Pacific halibut fisheries through
regulations established under the
authority of the Northern Pacific Halibut
Act of 1982 (Halibut Act) (16 U.S.C.
773–773k). The IPHC adopts regulations
governing the target fishery for Pacific
halibut under the Convention between
the United States and Canada for the
Preservation of the Halibut Fishery of
the Northern Pacific Ocean and Bering
E:\FR\FM\09NOP1.SGM
09NOP1
]]>Agencies
[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Proposed Rules]
[Pages 67660-67665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24395]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 18-143, 10-90; FCC 22-79; FR ID 112958]
The Uniendo a Puerto Rico Fund and the Connect USVI Fund, Connect
America Fund
AGENCY: Federal Communications Commission
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) seeks comment on proposals to ensure that mobile
carriers continue to implement advanced telecommunications services and
that fixed providers have sufficient
[[Page 67661]]
resiliency and redundancy during the transition periods of the Bringing
Puerto Rico Together Fund and the Connect USVI Fund.
DATES: Comments are due on or before December 9, 2022, and reply
comments are due on or before December 27, 2022.
ADDRESSES: You may submit comments, identified by WC Docket Nos. 10-90
and 18-143, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the Commission's Electronic Comment
Filing System (ECFS): https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of a proceeding, the
Commission's rules require paper filers to submit two additional copies
for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 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 at
its headquarters. This is a temporary measure taken to help protect the
health and safety of individuals, and to mitigate the transmission of
COVID-19.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated in this document. Comments
may be filed using ECFS. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998). If you anticipate that you
will be submitting comments, but find it difficult to do so within the
period of time allowed by this document, you should advise the contact
listed in the following as soon as possible.
People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202)
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For further information, please
contact, Dangkhoa Nguyen, Telecommunications Access Policy Division,
Wireline Competition Bureau, at [email protected] or 202-418-
7400, or Jesse Jachman, Telecommunications Access Policy Division,
Wireline Competition Bureau, at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in WC Docket Nos. 18-143
and 10-90, adopted on October 27, 2022, and released on October 28,
2022. Due to the COVID-19 pandemic, the Commission's headquarters will
be closed to the general public until further notice. The full text of
this document is available at the following internet address: https://www.fcc.gov/document/fcc-further-strengthen-storm-hardened-puerto-rico-usvi-networks-0.
Ex Parte Presentations. This proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must: (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
I. Introduction
1. According to the United States Department of Agriculture, ``the
major threat of disaster in Puerto Rico and the U.S. Virgin Islands
comes from hurricanes, tropical storms, and drought.'' In 2017, two
hurricanes battered these Territories, causing extensive damage and
loss of life. Although repair of infrastructure was critical, ``simply
putting vulnerable systems back to the way they were before they
collapsed is not enough.'' The outages, flooding, and landslides in
Puerto Rico caused by the recent Hurricane Fiona demonstrate that
infrastructure in areas prone to hurricanes must be built to withstand
storm damage and have redundant capabilities.
2. In the aftermath of the 2017 hurricanes, the Commission
committed to ensuring the restoration, hardening, and expansion of
advanced telecommunications networks in the Territories by creating the
Bringing Puerto Rico Together Fund and the Connect USVI Fund. As part
of these efforts, the Commission adopted a plan to support state-of-
the-art mobile wireless networks, including the 5G services being
deployed nationwide. For fixed broadband services, the Commission
adopted a new, single-round competitive process to award fixed
broadband support tied to defined deployment and public interest
obligations over a 10-year period in place of the frozen support
carriers were then receiving. With the effects of Hurricane Fiona
clearly evident, the Commission now seeks to build on these efforts and
ensure that carriers maintain and strengthen existing facilities while
network construction and improvement continue toward the goal of
bringing more advanced services to the Commonwealth of Puerto Rico and
the U.S. Virgin Islands (together ``the Territories''). As explained in
the following, the Commission seeks comment on proposals to ensure that
mobile carriers continue to implement advanced telecommunications
services and that fixed providers have sufficient resiliency and
redundancy during the
[[Page 67662]]
transition periods of the Bringing Puerto Rico Together Fund and the
Connect USVI Fund.
II. The Bringing Puerto Rico Together Fund and the Connect USVI Fund
3. The Commission provided a three-year period of support for
mobile carriers to rebuild their networks to their pre-hurricane
coverage levels. In addition, carriers had the opportunity to accept
additional funding dedicated to the expansion of 5G services throughout
the Territories. Although substantial progress has been made, this
Stage 2 mobile support will end in 2023, and it appears now that more
work is needed to ensure that Puerto Rico and the U.S. Virgin Islands
enjoy the same levels of service as the mainland. Hurricane Fiona has
provided a reminder of the critical nature of mobile services in times
of emergency and that carriers must have the resources necessary to
prepare for and repair from severe storms. The Commission seeks comment
on these issues.
4. Transition for Mobile Support. The Commission proposes to
provide transitional support to those eligible facilities-based mobile
carriers currently receiving Stage 2 mobile support. The transitional
support is for the purpose of maintaining the availability of service
until a longer-term support mechanism is adopted and does not supplant
the Commission's goal of furthering the deployment of advanced mobile
services. The Commission believes that the preservation of service and
advancement of mobile networks will be best achieved by providing
transitional support for facilities-based carriers participating in the
Bringing Puerto Rico Together Fund and the Connect USVI Fund. At a time
of heightened risk from hurricanes, the Commission feels that any lapse
in funding, no matter how brief, may leave progress already made in
increasing the robustness of existing 4G telecom services and expanding
5G at risk. Should all facilities-based carriers that received mobile
support for restoration, hardening, and expansion be eligible for
transitional support? The Commission also notes that support recipients
in the Territories must submit their first annual reports later this
year. Should the data the Commission receives from those reports impact
the provision of transitional support?
5. Transitional Support Schedule. For the transition period, the
Commission proposes to provide support for up to two years (24 months)
beginning in the month immediately following the conclusion of each
eligible carrier's current Stage 2 mobile support. The Commission
tentatively concludes that providing support immediately following the
completion of the current mobile support period will allow a seamless
preservation of service and will encourage carriers to continue the
hardening and expansion of advanced mobile networks in the Territories.
The Commission seeks comment on this tentative conclusion.
6. The Commission adopted the current Stage 2 three-year support
period to allow further development of the procedures and standards for
mobile voice and broadband services for possible future application in
the Territories. At the time, the Commission anticipated issuing a
Further Notice of Proposed Rulemaking to seek comment on the
implementation of a long-term support process for high-speed mobile
broadband networks through Puerto Rico and the U.S. Virgin Islands
before Stage 2 ended. Notwithstanding the Commission's proposal for a
transition period of up to two years, it proposes that transitional
support will cease once support is authorized under a long-term mobile
wireless mechanism for Puerto Rico and the U.S. Virgin Islands. The
Commission seeks comment on its proposal for the period of transitional
support, including whether to continue transitional support after two
years if authorizations under a long-term mechanism have not yet
occurred.
7. Transitional Support Amounts. The Commission proposes to provide
transitional support for each eligible facilities-based mobile carrier
in an amount equal to the Stage 2 mobile support it currently receives
for 5G technologies. For Stage 2, the Commission allocated 25% of the
total Stage 2 mobile support of $258.8 million for the Territories
toward 5G network deployment. Participating carriers elected to receive
approximately $21.2 million annually for 5G networks in Puerto Rico and
approximately $367,000 annually for 5G networks in the U.S. Virgin
Islands. Carriers are required to return any unused Stage 2 mobile
support to the Universal Service Administrative Company within 30 days
following the end of the three-year support period. The Commission's
proposed transitional support amount is based on the tentative
conclusion that mobile carriers will have successfully restored and
hardened their mobile networks by the end of the Stage 2 period, so
less support will be needed. The Commission seeks comment on whether
Stage 2 recipients have already been using more than 25% of their
available support, i.e., if recipients have used a portion of the 75%
of support allocated for 4G LTE or better, for the deployment of 5G
technologies, to determine whether the proposed amount of transitional
support is appropriate. The Commission notes that it is in the process
of updating its fixed and mobile broadband availability maps with more
detailed and precise information on the availability of fixed and
mobile broadband service. The Commission seeks comment on whether it
should use these Broadband Data Collection maps to determine
transitional support amounts or if it is better to maintain a stable
amount of support to allow carriers to make plans on how best to expand
and harden their networks.
8. The Commission required eligible facilities-based mobile
carriers to meet interim and final milestones to restore their network
coverage to at least their pre-hurricane area, while also meeting
public interest and network performance obligations for 4G LTE and 5G
network technologies. While the interim milestone reporting deadline
date has not been reached, staff analyses based on June 2021 Form 477
data preliminarily indicate that mobile carriers participating in the
Bringing Puerto Rico Together Fund and the Connect USVI Fund will have
met, or exceeded, their interim milestone to restore network coverages
to at least 66% of their pre-hurricane coverages. Similarly, the
Commission's review of carriers' publicly available coverage maps
reflects significant coverage of the Territories with 4G LTE and 5G
capable networks. Do participating carriers require a different amount
of transitional support to preserve service following the full
restoration of pre-hurricane coverage areas? Should the transitional
support for each eligible facilities-based mobile carrier vary
depending on any network resilience performance metrics? Should any
unused Stage 2 mobile support designated for 5G networks be used to
offset a carrier's transitional support? For example, if a carrier was
unable to use all of the 25% of total support allocated to 5G networks,
should that unused support be deducted from the transitional support
the carrier would otherwise receive? Is the amount of proposed
transitional support sufficient to permit carriers to further harden
advanced telecommunication networks supporting 5G service? The
Commission seeks comment on its proposal for transitional support
amounts, along with any evidence of why a different support amount or
alternative proposals might be necessary.
9. Appropriate Use of Support. In the 2019 PR USVI Order, 84 FR
59937, November 7, 2019, the Commission observed that carriers were
rapidly
[[Page 67663]]
investing in 5G deployment across the country and directed support
toward 4G LTE and 5G technologies to ensure that consumers in the
Territories were not relegated to substandard mobile service. In light
of that investment, the Commission proposes to limit transitional
support to restoring, hardening, or expanding networks with 5G-capable
networks, and to end use of this support for 4G LTE. Would such a
requirement be consistent with the Commission's goal to ``target
universal service funding to support the deployment of the highest
level of mobile service available today''? The Commission alternatively
seeks comment on allowing support recipients to use transitional
support to restore (as necessary), harden, or expand networks with 4G
LTE and 5G baseline performance requirements and standards set forth in
the 2019 PR USVI Order or any subsequent standard adopted by
Commission. Would any other restrictions be appropriate? For example,
how would the Commission curtail overbuilding or supporting multiple
mobile carriers in areas where more than one carrier already provides
at least 4G LTE capable service?
10. Eligible Areas. The Commission next seeks comment on allowing a
mobile carrier receiving transitional support to continue using such
support for the provision, maintenance, and upgrading of facilities and
services throughout its territory during the transition. While the
Commission generally limits the scope of where high-cost support can be
used, the Commission concluded that all areas of Puerto Rico and the
U.S. Virgin Islands would be eligible for mobile high-cost support for
the restoration, hardening, and expansion of networks to allow carriers
``certain flexibility . . . to determine where hardening and/or
expansion will be most impactful.'' Is it still in the public interest
to permit use of support throughout Puerto Rico and the U.S. Virgin
Islands to implement greater resiliency and redundancy measures to
safeguard and preserve service during periods of future natural
disasters? Allowing a mobile eligible telecommunications carrier (ETC)
the flexibility to allocate its use of high-cost support throughout its
territory could allow a carrier to make more efficient decisions to
expand or harden networks, as well as ensure service. Alternatively,
should the Commission require carriers to limit the use of transitional
support to less populated areas of the Territories based on data from
the Broadband Data Collection? What geographic or population
limitations, if any, should the Commission impose on the use of support
to preclude the overbuilding of networks and to encourage hardening and
deployment in those areas with the least robust coverage?
11. Minimum Service Requirements and Reporting. The Commission
tentatively concludes that in exchange for accepting transitional
support, each mobile carrier must commit to accountability measures for
deployment in the Territories. Currently, competitive carriers
receiving high-cost support to provide mobile, terrestrial voice, and
data services must comply with minimum service requirements for 4G LTE
and 5G-NR technologies. Mobile support recipients are also required to
file reports and data regarding the use of support for hardening
networks and 5G technology deployment, and to maintain a Disaster
Preparation and Response Plan. The Commission sees no reason to deviate
from including accountability measures, and it proposes that carriers
receiving transitional support continue to be subject to performance
and reporting requirements during the transitional support period. The
Commission seeks comment on what type of performance and reporting
measures should be adopted. Should there be specific deployment
commitments or performance requirements by the mobile carriers in
exchange for transitional support? If so, what are the appropriate
deployment commitments, performance requirements, and corresponding
milestones the Commission should consider for the transitional support?
What types of reports, data, and verification mechanisms are required
to satisfy the deployment commitments and performance requirements?
When and how often should mobile carriers be required to submit the
reports and data the Commission proposes?
12. Minimum Security Reporting Requirements. The provision of
advanced services necessitates a recognition that such services, in
order to be effective and available, must be reasonably secure. In
order to further the Commission's goal of bringing more advanced
services to Puerto Rico and the U.S. Virgin Islands, it proposes to
require that, in exchange for accepting transitional support, a mobile
carrier report and explain the network security controls that it has
implemented and how they are commensurate with established best
practices or an established risk management framework. The Commission
seeks comment on whether, in exchange for accepting transitional
support, it should also require that mobile carriers report and explain
to the Commission instances of unauthorized access to their systems and
services. The Commission seeks comment on how to minimize the burden
associated with these disclosures, while also ensuring that they
promote the security of advanced services. The Commission emphasizes
that mobile carriers' cybersecurity disclosures would not be intended
to implicate any additional expenditure of transitional support funds.
The Commission seeks comment on this approach.
13. Election of Transitional Support. The Commission proposes that
mobile carriers affirmatively elect to receive the transitional
support, similar to the election process it employed previously for
mobile support. Eligible carriers would have a one-time opportunity to
elect to receive transitional support in exchange for a commitment to
specifically ensure service in their service areas and to use support
only for the provision, maintenance, and upgrading of facilities and
services for which the transitional support is intended. The Commission
seeks comment on the election process for its proposed transitional
support.
14. The Commission next addresses the phase-down of frozen support
adopted in the 2019 PR USVI Order. Carriers awarded fixed support to
build out high-speed broadband networks with an emphasis on resiliency
and redundancy must complete 40% of their required buildout by the end
of 2024, with an additional 20% of buildout required at the end of each
subsequent year. However, as demonstrated by the damage caused by
Hurricane Fiona, current telecommunications networks must be maintained
and protected until the services on the new networks start to become
available. Under the Commission's current rules, the phase-down in
frozen support for incumbent carriers that did not win competitive
support will be complete in June 2023, a full one and one-half years
prior to the first interim milestone for the winning carriers in the
competitive process. The Commission is concerned that incumbent
carriers may have insufficient resources to maintain their networks and
ensure resiliency during this period.
15. To ensure continuity of service throughout the Territories, the
Commission proposes to freeze phase-down support to the incumbent LECs
that did not win competitive support at \1/3\ of their total legacy
support until the winning applicant is required to meet its 60%
deployment milestone by December 31, 2025. The Commission tentatively
concludes that this revised phase-down schedule for support strikes
[[Page 67664]]
a more appropriate balance to ensure service in light of the heightened
risks of hurricanes in the Territories during the 18-month gap in time
following the end of the current phase-down schedule and first
deployment milestone deadline of December 31, 2024, for winning
applicants. The Commission seeks comment on this tentative conclusion.
The Commission notes that service may already be available to consumers
from a winning Stage 2 applicant or other unsubsidized carriers in
certain areas. Is providing support to areas where service is already
available consistent with the Commission's commitments to fiscal
responsibility and efficiently targeted support? The Commission seeks
comment on whether the period of time and amount of support it proposes
for additional phase-down support promotes access to quality services
in the most cost-effective and efficient manner possible.
16. While the Commission proposes to extend phase-down support to
December 31, 2025, are there other possible circumstances in which it
would be appropriate for the Commission to consider extending or
shortening the phase-down period? Would a significant delay or
substantial failure to meet the final deployment milestone by the
winning applicant require an extension of phase-down support?
Conversely, should the Commission consider shortening its proposed
additional phase-down period if a winning applicant meets its
milestones earlier than required? The Commission seeks comment on any
additional factors and circumstances it should consider in adjusting
the phase-down period. Are there actions the Commission should take to
ensure sufficient flexibility in the event that support should be
curtailed or extended?
17. The Commission also proposes that an incumbent LEC must limit
its use of the phase-down support to resiliency and redundancy
measures, consistent with the 2019 PR USVI Order, to continue hardening
its network, and that the incumbent LEC must at least maintain its
current footprint for voice and broadband services. The Commission
notes that since part of the Disaster Preparation and Response Plan
adopted by the 2019 PR USVI Order includes ensuring network diversity
and backup power, use of transitional phase-down support to purchase
and maintain generators to address power failures would be appropriate
under the Commission's proposal. The Commission seeks comment on
requiring an incumbent LEC receiving additional phase-down support to
maintain its Disaster Preparation and Preparedness Plan. Should the
Commission impose any other specific uses or limitations, e.g., a
geographic limitation, for the use of additional phase-down support?
What other obligations or commitments, if any, should apply to an
incumbent LEC that receives additional phase-down support under the
Commission's proposal? The Commission also seeks comment on whether to
adopt a formal procedural process for an incumbent LEC to affirmatively
accept additional phase-down support or opt out of receiving any
additional phase-down support.
18. To provide oversight and accountability and prevent waste,
fraud, and abuse, the Commission proposes to subject phase-down support
recipients to ongoing oversight by itself and the Universal Service
Administrative Company. An incumbent LEC interested in receiving this
support would be required to submit a spending plan for its use of
phase-down support for redundancy and resiliency measures to the
Wireline Competition Bureau (the Bureau) for approval. At the
conclusion of each calendar year, the incumbent LEC would be required
to provide the Commission with a report of how the phase-down support
was spent on resiliency and redundancy measures consistent with the
Bureau-approved plan, along with a certification pursuant to section
54.313(n) of the Commission's rules that the support was used only for
authorized purposes. The Commission seeks comment on this proposal.
Should the Commission require additional oversight and accountability
measures specific to the receipt of phase-down support? Are there
alternative measures the Commission should consider to ensure oversight
and accountability of providers receiving additional phase-down
support?
19. Digital Equity and Inclusion. Finally, the Commission, as part
of its continuing effort to advance digital equity for all, including
people of color, persons with disabilities, persons who live in rural
or Tribal areas, and others who are or have been historically
underserved, marginalized, or adversely affected by persistent poverty
or inequality, invites comment on any equity-related considerations and
benefits (if any) that may be associated with the proposals and issues
discussed in this document. Specifically, the Commission seeks comment
on how its proposals in the FNPRM may promote or inhibit advances in
diversity, equity, inclusion, and accessibility, as well the scope of
the Commission's relevant legal authority.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
20. The FNPRM may contain proposed modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. The Commission, as part of its continuing effort to
reduce paperwork burdens, will invite the general public and the Office
of Management and Budget to comment on any information collection
requirements contained in the document, as required by the PRA. 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.''
21. Initial Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980 as amended (RFA) requires that a regulatory
flexibility analysis be prepared for rulemaking proceedings, unless the
agency certifies that ``the rule will not have a significant economic
impact on a substantial number of small entities.'' The RFA generally
defines ``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.
22. The FNPRM proposes support to maintain, improve, and expand
mobile services in Puerto Rico and the U.S. Virgin Islands. The FNPRM
proposes making support available to a facilities-based mobile carrier
that currently receives funding and that maintains its ETC designation
using a subscriber-based process. Four mobile carriers in the
Territories currently receive high-cost support and three carriers in
the Territories currently receive phase-down high-cost support
discussed in the FNPRM. The FNPRM does not propose that other carriers
will obtain an ETC designation to receive part of the additional
support proposed by the FNPRM, so the Commission does not anticipate
the proposed rule to affect more than seven providers out of the 1,763
providers currently receiving high-cost support. Accordingly, the
Commission anticipates that the FNPRM
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will not affect a substantial number of carriers, and so it does not
anticipate that it will affect a substantial number of small entities.
Therefore, the Commission certifies that the FNPRM will not have a
significant economic impact on a substantial number of small entities.
See 5 U.S.C. 605(b).
IV. Ordering Clauses
23. Accordingly, it is ordered, pursuant to the authority contained
in sections 4(i), 214, 254, 303(r), and 403 of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), 214, 254, 303(r), and 403, and
Sec. Sec. 1.1 and 1.421 of the Commission's rules, 47 CFR 1.1 and
1.421, that this FNPRM is adopted.
24. It is further ordered that, pursuant to the authority contained
in sections 4(i), 214, 254, 303(r), and 403 of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), 214, 254, 303(r), and 403, and
Sec. Sec. 1.1 and 1.421 of the Commission's rules, 47 CFR 1.1 and
1.421, notice is hereby given of the proposals and tentative
conclusions described in the FNPRM of Proposed Rulemaking.
25. It is further ordered that pursuant to applicable procedures
set forth in Sec. Sec. 1.415 and 1.419 of the Commission's Rules, 47
CFR 1.415, 1.419, interested parties may file comments on the FNPRM on
or before 30 days from publication of this item in the Federal
Register, and reply comments on or before 45 days from publication of
this item in the Federal Register.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-24395 Filed 11-8-22; 8:45 am]
BILLING CODE 6712-01-P
