Federal Register: December 30, 2002 (Volume 67, Number 250)
DOCID: FR Doc 02-32926
FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission
CFR Citation: 47 CFR Part 54
Docket ID: [CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170; FCC 02-329]
NOTICE: PROPOSED RULES
ACTION: Common carrier services:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Federal-State Joint Board on Universal Service
DATES: Comments are due on or before January 29, 2003. Reply comments are due on or before February 28, 2003. Written comments by the public on the proposed information collections are due on or before January 14, 2003. Written comments must be submitted by the Office of Management and Budget (OMB) on the proposed information collections on or before February 28, 2003.
DOCUMENT SUMMARY:
In this document, the Commission seeks comment on specific aspects of three connectionbased proposals to further refine the record in its proceeding to revisit its universal service contribution methodology.
SUMMARY:
Federal-State Joint Board on Universal Service—; Universal service contribution methodology,
SUPPLEMENTAL INFORMATION
This is a summary of the Commission's Second Further Notice of Proposed Rulemaking (Second Further NPRM) in CC Docket Nos. 9645, 98171, 90571, 92237, 99200, 95116, 98170; FCC 02329 released on December 13, 2002. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CYA257, 445 12th Street, SW., Washington, DC 20554. This Second Further NPRM contains proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA). It has been submitted to the Office of Management and Budget (OMB) for review under the PRA. OMB, the general public, and other Federal agencies are invited to comment on the proposed information collections contained in this proceeding.
Paperwork Reduction Act
The Second Further NPRM contains a proposed information collection.
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and OMB to comment on the
information collection(s) contained in this Second Further NPRM, as
required by the PRA, Pub. L. 10413. Public and agency comments on the
proposed information collections are due on or before January 14, 2003.
Written comments must be submitted by the Office of Management [[Page 79544]]
and Budget (OMB) on the proposed and/or modified information
collections on or before February 28, 2003. 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; and (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.
OMB Control Number: 30601009.
Title: Telecommunications Reporting Worksheet, CC Docket No. 9645.
Form No.: FCC Form 499 (499A, 499Q, 499M).
Type of Review: Proposed Revised Collection.
Respondents: Business or other forprofit; Not for Profit Institutions.
Number of Est. time per Total annual
Title respondents response burden
1. Connections Based Methodology............................. 5,500 11.5 \1\ 427,936
Total Annual Burden.......................................... ............... ............... 427,936
Cost to Respondents.......................................... $0
2. Splitting ConnectionBased Methodology.................... 5,500 11.5 \2\ 867,472
Total Annual Burden.......................................... ............... ............... 867,472
Cost to Respondents.......................................... $0
3. Telephone NumberBased Assessments........................ 5,500 11.5 \3\ 461,290
Total Annual Burden.......................................... ............... ............... 461,290
Cost to Respondents.......................................... ............... ............... $0
\1\ 11.5 hrs for 5,500 respondents for the annual filing. 13.3 hrs for 2,285 respondents for each monthly filing, if adopted.
\2\ 11.5 hrs for 5,500 respondents for the annual filing. 28.1 hrs for 2,385 respondents for each monthly filing, if adopted.
\3\ 11.5 hrs for 5,500 respondents for the annual filing. 10.7 hrs for 3,100 respondents for each monthly filing, if adopted.
Needs and Uses: The Commission has issued a Second Further Notice
of Proposed Rulemaking which seeks comment on whether to return a
revenuebased system and specific aspects of three connectionbased
proposals in the record. First, the Commission seeks comment on a
contribution methodology that would impose a minimum contribution
obligation on all interstate telecommunications carriers, and a flat
charge for each enduser connection, depending on the nature or
capacity of the connection. Next, the Commission seeks comment on a
proposal to assess all connections based purely on capacity. Finally,
the Commission seeks comment on a proposal to assess providers of
switched connections based on their working telephone numbers. The
Commission is also seeking comment on whether to use a modified FCC
Form 499M, the Telecommunications Reporting Worksheet (OMB 30601009),
to serve as the appropriate means for the collection of contribution
information. The Universal Service Company (Administrator) would use
information filed on connections and capacity or revenues to determine
the universal service contribution factor. Section 254 of the Act
requires carriers providing interstate telecommunications services to
contribute to universal service. Currently, respondents file their end
user telecommunications revenues on a quarterly basis in FCC Form 499 Q, and on an annual basis in FCC Form 499A.
Synopsis of Second Further Notice of Proposed Rulemaking
I. Introduction
1. In the Second Further NPRM, we seek to further refine the record
in the contribution methodology proceeding. Although the interim
measures we adopt in the companion Order will improve the current
contribution methodology, they do not address our concerns regarding
the longterm viability of any revenuebased system. In the First
Further NPRM, 67 FR 1125, March 13, 2002, we observed that interstate
telecommunications revenues are becoming increasingly difficult to
identify as customers migrate to bundled packages of interstate and
intrastate telecommunications and nontelecommunications products and
services. This has increased opportunities to mischaracterize revenues that should be counted for contribution purposes. Such
mischaracterization may result in decreases in the assessable revenue
base. Increased competition also is placing downward pressure on
interstate rates and revenues, which also contributes to the decline in
the contribution base. For example, traditional longdistance providers
increasingly are entering local markets at the same time that
competitive and incumbent local exchange carriers are increasingly
providing longdistance services. Customers also are migrating to
mobile wireless and Internetbased services. As we recently noted,
these changes have led to fluctuations in the contribution base and rising contribution obligations.
2. The Commission initiated this proceeding to consider alternatives or modifications to a revenuebased system. An analysis of the record reveals interest in a connectionbased methodology that would assess carriers based on their provision of connectivity to interstate networks, regardless of how many minutes of use or revenues are derived from a connection. A substantial number of parties across various industry segments now support adoption of a connectionbased assessment methodology. In addition, four out of five state members of the FederalState Joint Board on Universal Service (Joint Board) recommend adoption of a connectionbased system for calculating universal service contributions, while the fifth member proposes assessing contributions on a combination of connections, capacity, and terminating minutes of use.
3. Although many parties agree that a connectionbased contribution
methodology will best ensure the longterm viability of the
Commission's universal service mechanisms as the telecommunications
marketplace continues to evolve, they differ on how best to implement
such a mechanism. Key areas of disagreement include whether to make the
provider of the enduser connection (most often the local exchange carrier) solely
[[Page 79545]]
responsible for contributions or whether that responsibility should be
shared between the access (e.g., local exchange carrier) and transport
(e.g., interexchange carrier) providers. Commenters also disagree on
how best to calculate assessments for highercapacity connections.
Moreover, parties have expressed concern that they cannot estimate
assessments for multiline business connections without access to more
reliable data on the number and capacity of nonswitched (e.g., special
access or private line) connections. We conclude that it is appropriate
to further study longterm reforms of the contribution methodology. II. Overview
4. In this Second Further NPRM, we seek to further refine the record in this proceeding. We are hopeful that we will adopt additional modifications to our contribution methodology to ensure the continued viability of universal service as the marketplace continues to develop.
5. First, we ask commenters to discuss whether the changes to the revenuebased methodology adopted herein are sufficient to ensure the longterm viability of universal service as the telecommunications marketplace evolves. Should any additional modifications to the revenuebased system be made? For example, we seek comment on whether bundling of local and long distance services raises any unique problems for wireline carriers in identifying interstate telecommunications revenues and how such problems should be addressed.
6. In addition, although we have increased the mobile wireless safe harbor to 28.5 percent, we note that some commenters assert that, using certain methodologies, mobile wireless carriers are capable of determining their actual interstate enduser telecommunications revenues. If a revenuebased system is retained, we seek comment on whether we should abolish the safe harbor for mobile wireless carriers and, if so, how such carriers should determine their actual interstate enduser telecommunications revenues. We specifically seek comment on whether minutes of use is an appropriate proxy for determining interstate revenues for mobile wireless providers. We also request comment on whether the originating cell site and the terminating area code or NPA of a call reasonably approximates the jurisdictional nature of traffic for reporting purposes. In addition, we seek comment on whether it would be appropriate to include both outgoing and incoming calls in mobile wireless provider traffic studies and whether and how to include roaming and international minutes in such studies. We seek comment on burdens presented by proposed methodologies to determine interstate revenues and particularly invite comment from smaller mobile wireless providers on whether they face unique difficulties in identifying interstate telecommunications revenues. We also ask commenters to discuss whether other CMRS carriers, such as paging and analog SMR carriers, are able to determine their actual interstate end user telecommunications revenues and whether those safe harbors should also be abolished. We seek comment on how eliminating the safe harbors would affect wireless carriers whose contributions to universal service are de minimis.
7. Although the actions taken today will improve the operation of our revenuebased methodology in the near term, we remain concerned that any contribution system based on interstate telecommunications revenues will be dependent on the ability of contributors to distinguish between interstate and intrastate telecommunications and nontelecommunications revenues. Several commenters have argued that a connectionbased mechanism may be the best alternative to ensure the longterm viability of the Commission's universal service mechanisms as the telecommunications marketplace continues to evolve. We, therefore, seek additional comment on three specific connectionbased proposals.
8. In the First Further NPRM, we sought comment on a specific
proposal to base contributions on the number and capacity of
connections a contributor provides to interstate networks, rather than
revenues. Since that time, a number of parties across various industry
segments, as well as four out of five state members of the Joint Board,
have supported adoption of a connectionbased assessment methodology
and have proposed their own variations of connectionbased proposals.
Proponents of a connectionbased methodology argue that such a system
would provide a sufficient and predictable funding source for universal
service in a telecommunications marketplace increasingly characterized
by new and innovative bundles of intrastate and interstate
telecommunications and nontelecommunications products and services,
and increased competition between wireline and wireless technology
platforms. These commenters point out that the number of connections historically has been more stable than enduser interstate
telecommunications revenues. Commenters also point out that connection
based assessments would eliminate the need for contributors to
distinguish between interstate and intrastate revenues, or revenues
from telecommunications and nontelecommunications services, as is
required under the current methodology. These commenters therefore
argue that connectionbased assessments would better accommodate new
services and technologies as they develop. Such a framework also may be
more economically efficient than the current revenuebased methodology,
because connectionbased assessments are less likely to create
inefficient incentives for end users to curtail their usage of interstate telecommunications networks.
9. The proponents of certain connectionbased proposals argue that their proposals would be consistent with the requirement of section 254(d) that every telecommunications carrier that provides interstate telecommunications services contribute to the Commission's universal service mechanisms on an equitable and nondiscriminatory basis. However, several other parties have expressed concerns that such proposals in the record would be inconsistent with this statutory mandate. We specifically take note of arguments that specific connectionbased proposals in the record may be inconsistent with section 254(d)'s requirement that every provider of interstate telecommunications service contribute on an equitable basis.
10. We conclude it is appropriate to further develop the record on
aspects of certain proposals to assess universal service contributions
on the number and capacity of connections. We also conclude it is
appropriate to continue refining our analysis of the potential impacts
on contributors, and, ultimately, consumers, of the various proposals.
In this Second Further NPRM, we seek comment on specific measures the
Commission could take to ensure that a connectionbased contribution
methodology would be consistent with the Act. First, we seek comment on
a contribution methodology that would impose a minimum contribution
obligation on all interstate telecommunications carriers, and a flat
charge for each enduser connection, depending on the nature or
capacity of the connection. Next, we seek comment on a proposal to
assess all connections based purely on capacity (without regard to
distinctions between residential/singleline business and multiline business connections),
[[Page 79546]]
and share contribution obligations for each switched enduser
connection between access and transport providers. Finally, we seek
comment on a proposal to assess providers of switched connections based on their number of working telephone numbers.
11. We invite commenters to discuss potential advantages and disadvantages of each approach, and whether each satisfies the requirements of section 254 that ``[e]very telecommunications carrier that provides interstate telecommunications services * * * contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient [universal service support] mechanisms.'' We urge commenters to submit data and analysis on assessment levels under each approach. We further request comment on the relative contribution obligations of different industry segments under each approach. We ask commenters to address the potential impacts of the different methodologies on consumers, both generally and also on residential consumers that place no longdistance calls. What would be the impact of each of the proposals on the average residential customer and on residential customers generally? Would the typical residential customer pay more, less, or approximately the same amount of pass through charges to different carriers than they do today?
12. Commenters should also describe and estimate the costs associated with the implementation of each proposal, including the cost of any necessary billing system changes. We also invite comment on the reporting obligations associated with each of the proposals discussed below and ask that commenters quantify, to the extent possible, the burdens associated with each proposal and compare the relative burdens. We seek comment on whether it would be appropriate to require contributors to report their number and capacity of enduser connections and/or numbers on a monthly basis, or whether less frequent reporting would be adequate. We particularly invite comment on the potential administrative burdens associated with each of these proposals from entities that are ``small business concerns'' under the Small Business Act. We also seek comment on whether to continue basing contributions to the Telecommunications Relay Service, Numbering Administration, Local Number Portability and wireline regulatory fees programs on annual revenue data, or whether contributions to these mechanisms also should be based on connections and/or numbers. III. Procedural Matters
A. Initial Regulatory Flexibility Act Analysis
13. As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) on the possible significant economic impact on small entities of policies and rules proposed in this Second Further Notice of Proposed Rulemaking. 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 Second Further NPRM provided below.
1. Need for and Objectives of the Proposed Rules
14. The assessment and recovery of universal service contributions are governed by the statutory framework established by Congress in the Act. Section 254(b) instructs the Commission to establish universal service support mechanisms with the goal of ensuring the delivery of affordable telecommunications services to all Americans, including consumers in highcost areas, lowincome consumers, eligible schools and libraries, and rural health care providers. Section 254(d) of the Act states that ``[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.''
15. Consistent with section 254 of the Act and as noted in the companion Order, we take interim measures to maintain the viability of universal service in the near terma fundamental goal of this Commissionwhile we consider further longterm reforms. As discussed in further detail in the companion Order, although the interim measures we adopt today will improve the current contribution methodology, they do not address our concerns regarding the longterm viability of any revenuebased system. We therefore conclude that it is appropriate to further study longterm reforms of the contribution methodology.
16. Therefore, in this Second Further NPRM, we seek comment on specific aspects of three connectionbased proposals in the record. First, we ask for comment on a proposed contribution methodology that would impose a minimum contribution obligation on all interstate telecommunications carriers and flat charge for each enduser connection depending on the nature or capacity of the connection. Next, we seek comment on a proposal to assess all connections based purely on capacity. Under this proposal, contribution obligations for each switched enduser connection would be shared between access and transport providers. Finally, we seek comment on a proposal to assess providers of switched connections based on their working telephone numbers.
2. Legal Basis
17. The legal basis as proposed for this Second Further NPRM is
contained in sections 4(i), 4(j), 201205, 254, and 403 of the Communications Act of 1934, as amended.
3. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply
18. 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 proposals 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.'' A small organization is generally ``any notforprofit enterprise which is independently owned and operated and is not dominant in its field.'' Nationwide, as of 1992, there were approximately 275,801 small organizations. ``Small governmental jurisdiction'' generally means ``governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000.'' As of 1992, there were approximately 85,006 governmental entities, total, in the United States. This number includes 38,978 cities, counties, and towns; of these, 37,566, or 96%, have populations of fewer than 50,000. The Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of the 85,006 governmental entities, we estimate that 81,600 (96%) are small entities. In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act, unless the Commission has developed one or more definitions that are appropriate to its activities. Under the Small Business Act, a ``small business concern'' is one that: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) meets any additional criteria established by the Small Business Administration (SBA).
19. We have included small incumbent local exchange carriers in [[Page 79547]]
this present RFA analysis. As noted above, a ``small business'' under
the RFA is one that, inter alia, meets the pertinent small business
size standard (e.g., a telephone communications business having 1,500
or fewer employees), and ``is not dominant in its field of operation.''
The SBA's Office of Advocacy contends that, for RFA purposes, small
incumbent local exchange carriers are not dominant in their field of
operation because any such dominance is not ``national'' in scope. We
have therefore included small incumbent local exchange carriers in this
RFA analysis, although we emphasize that this RFA action has no effect
on Commission analyses and determinations in other, nonRFA contexts.
20. Wireline Carriers and Service Providers (Wired Telecommunications Carriers). The SBA has developed a small business size standard for Wired Telecommunications Carriers, which consists of all such companies having 1500 or fewer employees. According to Census Bureau data for 1997, there were 2,225 firms in this category, total, that operated for the entire year. Of this total, 2,201 firms had employment of 999 or fewer employees, and an additional 24 firms had employment of 1,000 employees or more. Thus, under this size standard, the great majority of firms can be considered small.
21. Local Exchange Carriers, Interexchange Carriers, Competitive Access Providers, Operator Service Providers, Payphone Providers, and Resellers. Neither the Commission nor SBA has developed a definition particular to small local exchange carriers (LECs), interexchange carriers (IXCs), competitive access providers (CAPs), operator service providers (OSPs), payphone providers or resellers. The closest applicable definition for these carriertypes under SBA rules is for Wired Telecommunications Carriers. Under that SBA definition, such a business is small if it has 1,500 or fewer employees. According to our most recent data, there are 1,329 incumbent LECs, 532 CAPs, 229 IXCs, 22 OSPs, 936 payphone providers and 710 resellers. Of these, an estimated 1,024 incumbent LECs, 411 CAPs, 181 IXCs, 20 OSPs, 933 payphone providers, and 669 resellers reported that they have 1,500 or fewer employees; 305 incumbent LECs, 121 CAPs, 48 IXCs, 2 OSPs, 3 payphone providers, and 41 resellers reported that, alone or in combination with affiliates, they have more than 1,500 employees. We do not have data specifying the number of these carriers that are not independently owned and operated, and therefore we are unable to estimate with greater precision the number of these carriers that would qualify as small business concerns under SBA's definition. Consequently, most incumbent LECs, IXCs, CAPs, OSPs, payphone providers and resellers are small entities that may be affected by the proposed rules discussed in this Order.
22. Wireless Service Providers. The SBA has size standards for
wireless small businesses within the two separate Economic Census categories of Paging and of Cellular and Other Wireless
Telecommunications. For both of those categories, the SBA considers a
business to be small if it has 1,500 or fewer employees. According to
the most recent Trends in Telephone Report data, 1,761 companies
reported that they were engaged in the provision of wireless service.
Of these 1,761 companies, an estimated 1,175 reported that they have
1,500 or fewer employees and 586 reported that, alone or in combination
with affiliates, they have more than 1,500 employees. Consequently, we
estimate that most wireless service providers are small entities that may be affected by the proposed rules discussed herein.
23. Broadband Personal Communications Service (PCS). The broadband PCS spectrum is divided into six frequency designated A through F, and the Commission has held auctions for each block. The Commission defined ``small entity'' for Blocks C and F as an entity that has average gross revenues of $40 million or less in the three previous calendar years. For Block F, an additional classification for ``very small business'' was added and is defined as an entity that, together with affiliates, has average gross revenues of not more than $15 million for the preceding three calendar years. These standards defining ``small entity'' in the context of broadband PCS auctions have been approved by the SBA. No small businesses within the SBAapproved definition bid successfully for licenses in Blocks A and B. There were 90 winning bidders that qualified as small entities in the Block C auctions. A total of 93 small and very small business bidders won approximately 40 percent of the 1,479 licenses for Blocks D, E, and F. On March 23, 1999, the Commission reauctioned 347 C, D, E, and F Block licenses; there were 48 small business winning bidders. On January 26, 2001, the Commission completed the auction of 422 C and F Broadband PCS licenses in Auction No. 35. Of the 35 winning bidders in this auction, 29 qualified as ``small'' or ``very small businesses.'' Based on this information, we conclude that the number of small broadband PCS licensees will include the 90 winning C Block bidders, the 93 qualifying bidders in the D, E, and F blocks, the 48 winning bidders in the 1999 reauction, and the 29 winning bidders in the 2001 reauction, for a total of 260 small entity broadband PCS providers, as defined by the SBA small business size standards and the Commission's auction rules. Consequently, we estimate that 260 broadband PCS providers are small entities that may be affected by the proposed rules discussed herein.
24. Narrowband PCS. To date, two auctions of narrowband PCs licenses have been conducted. Through these auctions, the Commission has awarded a total of 41 licenses, out of which 11 were obtained by small businesses. For purposes of the two auctions that have already been held, small businesses were defined as entities with average gross revenues for the prior three calendar years of $40 million or less. To ensure meaningful participation of small business entities in the auctions, the Commission adopted a twotiered definition of small businesses in the Narrowband PCS Second Report and Order, 65 FR 35843, June 6, 2000. A small business is an entity that, together with affiliates and controlling interests, has average gross revenues for the three preceding years of not more than $40 million. A very small business is an entity that, together with affiliates and controlling interests, has average gross revenues for the three preceding years of not more than $15 million. These definitions have been approved by the SBA. In the future, the Commission will auction 459 licenses to serve MTAs and 408 response channel licenses. There is also one megahertz of narrowband PCS spectrum that has been held in reserve and that the Commission has not yet decided to release for licensing. The Commission cannot predict accurately the number of licenses that will be awarded to small entities in future auctions. However, four of the 16 winning bidders in the two previous narrowband PCS auctions were small businesses, as that term was defined under the Commission's Rules. The Commission assumes, for purposes of this FRFA, that a large portion of the remaining narrowband PCS licenses will be awarded to small entities. The Commission also assumes that at least some small businesses will acquire narrowband PCS licenses by means of the Commission's partitioning and disaggregation rules.
25. Specialized Mobile Radio (SMR). The Commission awards ``small
entity'' and ``very small entity'' bidding credits in auctions for Specialized Mobile Radio (SMR) geographic area licenses in
[[Page 79548]]
the 800 MHz and 900 MHz bands to firms that had revenues of no more
than $15 million in each of the three previous calendar years, or that
had revenues of no more than $3 million in each of the three previous
calendar years, respectively. In the context of both the 800 MHz and
900 MHz SMR service, the definitions of ``small entity'' and ``very
small entity'' have been approved by the SBA. These bidding credits
apply to SMR providers in the 800 MHz and 900 MHz bands that either
hold geographic area licenses or have obtained extended implementation
authorizations. We do not know how many firms provide 800 MHz or 900
MHz geographic area SMR service pursuant to extended implementation
authorizations, nor how many of these providers have annual revenues of
no more than $15 million. One firm has over $15 million in revenues. We
assume, for our purposes here, that all of the remaining existing
extended implementation authorizations are held by small entities, as
that term is defined by the SBA. The Commission has held auctions for
geographic area licenses in the 800 MHz and 900 MHz SMR bands. There
were 60 winning bidders that qualified as small and very small entities
in the 900 MHz auctions. Of the 1,020 licenses won in the 900 MHz
auction, bidders qualifying as small and very small entities won 263
licenses. In the 800 MHz SMR auction, 38 of the 524 licenses won were
won by small and very small entities. Consequently, we estimate that
there are 301 or fewer small entity SMR licensees in the 800 MHz and
900 MHz bands that may be affected by the proposed rules discussed herein.
26. Rural Radiotelephone Service. The Commission has not adopted a definition of small entity specific to the Rural Radiotelephone Service. A significant subset of the Rural Radiotelephone Service is the Basic Exchange Telephone Radio Systems (BETRS). For purposes of this FRFA, we will use the SBA's size standard applicable to wireless service providers, supraan entity employing no more than 1,500 persons. There are approximately 1,000 licensees in the Rural Radiotelephone Service, and the Commission estimates that almost all of them qualify as small entities under the SBA's size standard. Consequently, we estimate that there are 1,000 or fewer small entity licensees in the Rural Radiotelphone Service that may be affected by the proposed rules discussed herein.
27. AirGround Radiotelephone Service. The Commission has not adopted a definition of small entity specific to the AirGround Radiotelephone Service. For purposes of this FRFA, we will use the SBA's size standard applicable to wireless service providers, supraan entity employing no more than 1,500 persons. There are approximately 100 licensees in the AirGround Radiotelephone Service, and we estimate that almost all of them qualify as small under the SBA definition. 4. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements
28. Should the Commission decide that fundamental reform of the
existing contribution methodology is needed, the associated rule
changes potentially could modify the reporting and recordkeeping
requirements of telecommunications service providers regulated under
the Communications Act. Under a connectionbased mechanism, we
potentially could require telecommunications service providers to file
additional and/or different monthly or quarterly reports. Any such
reporting requirements potentially could require the use of
professional skills, including legal and accounting expertise. Without
more data, we cannot accurately estimate the cost of compliance by
small telecommunications service providers. In this IFRA, we therefore
seek comment on the frequency with which carriers should submit reports
to USAC, the types of burdens carriers will face in periodically
submitting reports to USAC, and whether the costs of such reporting are
outweighed by the potential benefits of the possible reforms. Entities,
especially small businesses and small entities, more generally, are
encouraged to quantify the costs and benefits of the reporting requirement proposals.
5. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered
29. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.
30. The Second Further NPRM seeks comment on a number of connectionbased alternatives to modify the existing contribution methodology system. Although the proponents of specific connection based proposals argue that they would be consistent with the requirements of section 254(d) of the Act that every telecommunications carrier that provides interstate telecommunications services contribute to the Commission's universal service mechanisms on a equitable and nondiscriminatory basis, several other parties have expressed concerns that the connectionbased proposals in the record would be inconsistent with the statutory mandate. We specifically take note of those commenters that argue that the connectionbased proposals in the record would result in inequitable contributions.
31. We therefore believe it is appropriate to further develop the record on aspects of certain proposals to assess universal service contributions at least in part on the number and capacity of connections. We also believe it is appropriate to continue refining our analysis of the potential impacts on consumers and contributors, including small entities, of adopting such a methodology. In this Second Further NPRM, we seek comment on specific measures the Commission could take to ensure that a connectionbased contribution methodology would be consistent with these statutory mandates. The Commission will also consider additional significant alternatives developed in the record.
32. Wherever possible, the Second Further NPRM seeks comment on how
to reduce the administrative burden and cost of compliance for small
telecommunications service providers. For example, we seek comment on
the operation of a de minimis exemption under the various connections
based proposals. We also seek comment on the appropriate frequency and
content of reporting under a connectionbased methodology. We
specifically seek comment from contributors that are small entities under the Small Business Act.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules
33. None.
B. Initial Paperwork Reduction Act of 1995 Analysis
34. The Second Further NPRM contains a proposed information
collection. As part of a continuing effort to reduce paperwork burdens, we invite the general public and the Office of
[[Page 79549]]
Management and Budget (OMB) to take this opportunity to comment on the
information collections contained in this Second Further NPRM, as
required by the Paperwork Reduction Act of 1995, Pub. L. 10413. Public
and agency comments are due January 14, 2003; OMB comments are due
February 28, 2003. 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; and (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.
C. Comment Filing Procedures
35. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules, interested parties may file comments January 29, 2003. Reply comments are due on or before February 28, 2003. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies.
36. Comments filed through the ECFS can be sent as an electronic
file via the Internet to <http://www.fcc.gov/efile/ecfs.html
submission must be filed. If multiple docket or rulemaking numbers
appear in the caption of this proceeding, however, commenters must
transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet e
mail. To get filing instructions for email comments, commenters should
send an email to ecfs@fcc.gov, and should include the following words in the body of the message, ``get form
37. Parties who choose to file by paper must file an original and
four copies of each filing. If more than one docket or rulemaking
number appears in the caption of this proceeding, commenters must
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 firstclass or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). The Commission's contractor,
Vistronix, Inc., will receive handdelivered or messengerdelivered
paper filings for the Commission's Secretary at 236 Massachusetts
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this
location are 8 a.m. to 7 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building. Commercial overnight mail (other than
U.S. Postal Service Express Mail and Priority Mail) must be sent to
9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
firstclass mail, Express Mail, and Priority Mail should be addressed
to 445 12th Street, SW., Washington, DC 20554. All filings must be
addressed to the Commission's Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications Commission. In addition to filing
comments with the Secretary, a copy of any comments on the information
collection(s) contained herein should be submitted to Judith B. Herman,
Federal Communications Commission, Room 1C804, 445 12th Street, SW.,
Washington, DC 20554, or via the Internet to JBoley@fcc.gov and to Kim
A. Johnson, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW., Washington, DC 20503, or via the Internet to KimA.
Johnson@omb.eop.gov.
38. Parties also must send three paper copies of their filing to Sheryl Todd, Telecommunications Access Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street SW., Room 5B540, Washington, DC 20554. In addition, commenters must send diskette copies to the Commission's copy contractor, Qualex International, Portals II, 445 12th Street, SW., Room CYB402, Washington, DC 20054.
D. Ex Parte Presentations
39. This is a permit but disclose rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided that they are disclosed as provided in the Commission's rules. IV. Ordering Clauses
40. It is further ordered that, pursuant to the authority contained in sections 4(i), 4(j), 201205, 254, and 403 of the Communications Act of 1934, as amended, this Second Further Notice of Proposed Rulemaking is adopted.
41. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 54
Reporting and recordkeeping requirements, Telecommunications, Telephone.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 0232926 Filed 122702; 8:45 am]
BILLING CODE 671201P
FOR FURTHER INFORMATION CONTACT
Diane Law Hsu, Acting Deputy Chief, Wireline Competition Bureau, Telecommunications Access Policy Division, (202) 4187400.