80_FR_67021 80 FR 66811 - Assessment and Collection of Regulatory Fees for Fiscal Year 2014; Assessment and Collection of Regulatory Fees for Fiscal Year 2013; and Procedures for Assessment and Collection of Regulatory Fees

80 FR 66811 - Assessment and Collection of Regulatory Fees for Fiscal Year 2014; Assessment and Collection of Regulatory Fees for Fiscal Year 2013; and Procedures for Assessment and Collection of Regulatory Fees

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66811-66817
FR Document2015-27630

In this document, the Commission amends language in its rules to reflect that regulatory fees must be paid electronically, and can no longer be paid by check or money order. Electronic payments are not only cost-effective, they are also efficient and can provide an electronic ``paper trail''. As a result, in an effort to improve efficiency, the Commission discontinued the practice of paying regulatory fees with a check or money order.

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 66811-66817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27630]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket Nos. 12-201; 13-140; 14-92; FCC 14-88]


Assessment and Collection of Regulatory Fees for Fiscal Year 
2014; Assessment and Collection of Regulatory Fees for Fiscal Year 
2013; and Procedures for Assessment and Collection of Regulatory Fees

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends language in its rules 
to reflect that regulatory fees must be paid electronically, and can no 
longer be paid by check or money order. Electronic payments are not 
only cost-effective, they are also efficient and can provide an 
electronic ``paper trail''. As a result, in an effort to improve 
efficiency, the Commission discontinued the practice of paying 
regulatory fees with a check or money order.

DATES: Effective November 30, 2015.

FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing 
Director at (202) 418-0444.

[[Page 66812]]


SUPPLEMENTARY INFORMATION: These revisions to the Commission's rules 
were first published as a proposed rule along with the Commission's 
Assessment and Collection of Regulatory Fees for Fiscal Year 2014, 
Notice of Proposed Rulemaking, 79 FR 37982, July 3, 2014, but it is now 
being published as a final rule.

I. Administrative Matters

A. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980 (RFA),\1\ 
the Commission has prepared a Final Regulatory Flexibility Analysis 
(FRFA) relating to this Report and Order. The FRFA is contained towards 
the end of this document.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 847 (1996). 
The SBREFA was enacted as Title II of the Contract with America 
Advancement Act of 1996 (CWAAA).
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B. Final Paperwork Reduction Act of 1995 Analysis

    2. This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. The Commission submitted the PRA documents to the 
Office of Management and Budget (OMB) under section 3507(d) of the PRA, 
and obtained OMB approval on May 30, 2014. Consequently, the 
requirement to obtain OMB approval for new and modified information 
collection has been fulfilled. Finally, we note that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission sought previous comment on how it 
might further reduce the information collection burden on small 
businesses with fewer than 25 employees.

C. Congressional Review Act

    3. The Commission will send a copy of this Order to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act. 5 U.S.C. 801(a)(1)(A).

II. Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\2\ an Initial Regulatory Flexibility Analysis (IRFA) was 
included in the FY 2014 Notice of Proposed Rulemaking to which this 
Order was attached.\3\ The Commission sought written public comment on 
these proposals including comment on the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the IRFA.\4\
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    \2\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612 has been amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), Public Law 104-121, Title II, 110 Stat. 847 (1996).
    \3\ Assessment and Collection of Regulatory Fees for Fiscal Year 
2014, Assessment and Collection of Regulatory Fees for Fiscal Year 
2013, and Procedures for Assessment and Collection of Regulatory 
Fees, Notice of Proposed Rulemaking, Second Further Notice of 
Proposed Rulemaking, and Order, MD Docket Nos. 14-92, 13-140, and 
12-201, 29 FCC Rcd 6417 (2014) (FY 2014 NPRM).
    \4\ 5 U.S.C. 604.
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A. Need for, and Objectives of, the Order

    5. In this Order, the Commission amends language to sections 
1.1112, 1.1158, 1.1161, and 1.1164 of its rules to note that regulatory 
fee payments must be made electronically, and payments by check and/or 
money order will no longer be accepted.
    6. In various places within the Code of Federal Regulations (CFR), 
the Commission specifies the method of payment that can be made for 
various types of fees (e.g. regulatory fees, application fees, auction 
fees, etc.). The basic method of fee payment has historically been by 
check or money order, but in more recent times, electronic forms of 
payment (e.g. credit card, ACH Debit, and wire transfer) have dominated 
the payment process. Electronic payments are not only cost-effective, 
they are also efficient and can provide an electronic ``paper trail''. 
As a result, in an effort to improve efficiency, the Commission 
discontinued the practice of paying regulatory fees with a check or 
money order. This Order amends the Commission's rules to state that 
payment of regulatory fees must be electronic and checks and/or money 
orders will no longer be accepted as a form of payment.

B. Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA

    7. None.

C. Description and Estimate of the Number of Small Entities To Which 
the Rules Will Apply

    8. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted.\5\ The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \6\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\7\ A ``small business concern'' is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the SBA.\8\ Nationwide, there are a total of 
approximately 27.9 million small businesses, according to the SBA.\9\
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    \5\ 5 U.S.C. 603(b)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \8\ 15 U.S.C. 632.
    \9\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
http://www.sba.gov/sites/default/files/FAQ_Sept_2012.pdf.
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    9. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' \10\ The SBA has developed a small business size 
standard for Wired Telecommunications Carriers, which consists of all 
such companies having 1,500 or fewer employees.\11\ Census data for 
2007 shows that there were 3,188 firms that operated that year. Of this 
total, 3,144 operated with less than 1,000 employees.\12\ Thus, under 
this size standard, the majority of firms in this industry can be 
considered small.
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    \10\ http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
    \11\ See 13 CFR 120.201, NAICS Code 517110.
    \12\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.

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[[Page 66813]]

    10. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers as defined in 
paragraph 6 of this FRFA. Under the applicable SBA size standard, such 
a business is small if it has 1,500 or fewer employees.\13\ According 
to Commission data, census data for 2007 shows that there were 3,188 
firms that operated that year. Of this total, 3,144 operated with fewer 
than 1,000 employees.\14\ The Commission therefore estimates that most 
providers of local exchange carrier service are small entities that may 
be affected by the rules adopted.
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    \13\ 13 CFR 121.201, NAICS code 517110.
    \14\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
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    11. Incumbent LECs. Neither the Commission nor the SBA has 
developed a small business size standard specifically for incumbent 
local exchange services. The closest applicable NAICS Code category is 
Wired Telecommunications Carriers as defined in paragraph 6 of this 
FRFA. Under that size standard, such a business is small if it has 
1,500 or fewer employees.\15\ According to Commission data, 3,188 firms 
operated in that year. Of this total, 3,144 operated with fewer than 
1,000 employees.\16\ Consequently, the Commission estimates that most 
providers of incumbent local exchange service are small businesses that 
may be affected by the rules and policies adopted. Three hundred and 
seven (307) Incumbent Local Exchange Carriers reported that they were 
incumbent local exchange service providers.\17\ Of this total, an 
estimated 1,006 have 1,500 or fewer employees.\18\
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    \15\ 13 CFR 121.201, NAICS code 517110.
    \16\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \17\ See Trends in Telephone Service, Federal Communications 
Commission, Wireline Competition Bureau, Industry Analysis and 
Technology Division at Table 5.3 (Sept. 2010) (Trends in Telephone 
Service).
    \18\ Id.
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    12. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate NAICS Code category is Wired 
Telecommunications Carriers, as defined in paragraph 6 of this FRFA. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees.\19\ U.S. Census data for 2007 indicate that 3,188 
firms operated during that year. Of that number, 3,144 operated with 
fewer than 1,000 employees.\20\ Based on this data, the Commission 
concludes that the majority of Competitive LECS, CAPs, Shared-Tenant 
Service Providers, and Other Local Service Providers, are small 
entities. According to Commission data, 1,442 carriers reported that 
they were engaged in the provision of either competitive local exchange 
services or competitive access provider services.\21\ Of these 1,442 
carriers, an estimated 1,256 have 1,500 or fewer employees.\22\ In 
addition, 17 carriers have reported that they are Shared-Tenant Service 
Providers, and all 17 are estimated to have 1,500 or fewer 
employees.\23\ Also, 72 carriers have reported that they are Other 
Local Service Providers.\24\ Of this total, 70 have 1,500 or fewer 
employees.\25\ Consequently, based on internally researched FCC data, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities that 
may be affected by the rules adopted.
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    \19\ 13 CFR 121.201, NAICS code 517110.
    \20\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \21\ See Trends in Telephone Service, at Table 5.3.
    \22\ Id.
    \23\ Id.
    \24\ Id.
    \25\ Id.
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    13. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers as defined in 
paragraph 6 of this FRFA. The applicable size standard under SBA rules 
is that such a business is small if it has 1,500 or fewer 
employees.\26\ U.S. Census data for 2007 indicates that 3,188 firms 
operated during that year. Of that number, 3,144 operated with fewer 
than 1,000 employees.\27\ According to internally developed Commission 
data, 359 companies reported that their primary telecommunications 
service activity was the provision of interexchange services.\28\ Of 
this total, an estimated 317 have 1,500 or fewer employees.\29\ 
Consequently, the Commission estimates that the majority of 
interexchange service providers are small entities that may be affected 
by the rules adopted.
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    \26\ 13 CFR 121.201, NAICS code 517110.
    \27\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \28\ See Trends in Telephone Service, at Table 5.3.
    \29\ Id.
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    14. Prepaid Calling Card Providers. Neither the Commission nor the 
SBA has developed a small business size standard specifically for 
prepaid calling card providers. The appropriate NAICS Code category for 
prepaid calling card providers is Telecommunications Resellers. This 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Mobile virtual 
networks operators (MVNOs) are included in this industry.\30\ Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees.\31\ U.S. Census data for 2007 show that 1,523 firms 
provided resale services during that year. Of that number, 1,522 
operated with fewer than 1,000 employees.\32\ Thus, under this category 
and the associated small business size standard, the majority of these 
prepaid calling card providers can be considered small entities. 
According to Commission data, 193 carriers have reported that they are 
engaged in the provision of prepaid calling cards.\33\ All 193 carriers 
have 1,500 or fewer employees.\34\ Consequently, the Commission 
estimates that the majority of prepaid calling card providers are small 
entities that may be affected by the rules adopted.
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    \30\ http://www.census.gov/cgi-bin/ssd/naics/naicsrch.
    \31\ 13 CFR 121.201, NAICS code 517911.
    \32\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \33\ See Trends in Telephone Service, at Table 5.3.
    \34\ Id.
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    15. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees.\35\ Census data for 2007 show that 1,523 firms provided 
resale services during that year. Of that number, 1,522 operated with 
fewer than 1,000

[[Page 66814]]

employees.\36\ Under this category and the associated small business 
size standard, the majority of these local resellers can be considered 
small entities. According to Commission data, 213 carriers have 
reported that they are engaged in the provision of local resale 
services.\37\ Of this total, an estimated 211 have 1,500 or fewer 
employees.\38\ Consequently, the Commission estimates that the majority 
of local resellers are small entities that may be affected by the rules 
adopted.
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    \35\ 13 CFR 121.201, NAICS code 517911.
    \36\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \37\ See Trends in Telephone Service, at Table 5.3.
    \38\ Id.
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    16. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code Category is 
Telecommunications Resellers, and the SBA has developed a small 
business size standard for the category of Telecommunications 
Resellers. Under that size standard, such a business is small if it has 
1,500 or fewer employees.\39\ Census data for 2007 show that 1,523 
firms provided resale services during that year. Of that number, 1,522 
operated with fewer than 1,000 employees.\40\ Thus, under this category 
and the associated small business size standard, the majority of these 
resellers can be considered small entities. According to Commission 
data, 881 carriers have reported that they are engaged in the provision 
of toll resale services.\41\ Of this total, an estimated 857 have 1,500 
or fewer employees.\42\ Consequently, the Commission estimates that the 
majority of toll resellers are small entities that may be affected by 
the rules adopted.
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    \39\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \40\ Id.
    \41\ Trends in Telephone Service, at Table 5.3.
    \42\ Id.
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    17. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined in paragraph 6 of this 
FRFA. Under the applicable SBA size standard, such a business is small 
if it has 1,500 or fewer employees.\43\ Census data for 2007 shows that 
there were 3,188 firms that operated that year. Of this total, 3,144 
operated with fewer than 1,000 employees.\44\ Thus, under this category 
and the associated small business size standard, the majority of Other 
Toll Carriers can be considered small. According to internally 
developed Commission data, 284 companies reported that their primary 
telecommunications service activity was the provision of other toll 
carriage.\45\ Of these, an estimated 279 have 1,500 or fewer 
employees.\46\ Consequently, the Commission estimates that most Other 
Toll Carriers are small entities that may be affected by the rules and 
policies adopted.
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    \43\ 13 CFR 121.201, NAICS code 517110.
    \44\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
    \45\ Trends in Telephone Service, at Table 5.3.
    \46\ Id.
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    18. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves, such as cellular services, paging services, wireless internet 
access, and wireless video services.\47\ The appropriate size standard 
under SBA rules is that such a business is small if it has 1,500 or 
fewer employees. For this industry, Census data for 2007 show that 
there were 1,383 firms that operated for the entire year. Of this 
total, 1,368 firms had fewer than 1,000 employees. Thus under this 
category and the associated size standard, the Commission estimates 
that the majority of wireless telecommunications carriers (except 
satellite) are small entities. Similarly, according to internally 
developed Commission data, 413 carriers reported that they were engaged 
in the provision of wireless telephony, including cellular service, 
Personal Communications Service (PCS), and Specialized Mobile Radio 
(SMR) services.\48\ Of this total, an estimated 261 have 1,500 or fewer 
employees.\49\ Consequently, the Commission estimates that 
approximately half of these firms can be considered small. Thus, using 
available data, we estimate that the majority of wireless firms can be 
considered small.
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    \47\ NAICS Code 517210. See http://www.census.gov/cgi-bin/ssd/naics/naiscsrch.
    \48\ Trends in Telephone Service, at Table 5.3
    \49\ Id.
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    19. Cable Television and Other Subscription Programming.\50\ Since 
2007, these services have been defined within the broad economic census 
category of Wired Telecommunications Carriers. That category is defined 
as follows: ``This industry comprises establishments primarily engaged 
in operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies.'' \51\ The SBA has developed a small 
business size standard for this category, which is: All such firms 
having 1,500 or fewer employees.\52\ Census data for 2007 shows that 
there were 3,188 firms that operated that year. Of this total, 3,144 
had fewer than 1,000 employees.\53\ Thus under this size standard, the 
majority of firms offering cable and other program distribution 
services can be considered small and may be affected by rules adopted.
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    \50\ In 2014, ``Cable and Other Subscription Programming,'' 
NAICS Code 515210, replaced a prior category, now obsolete, which 
was called ``Cable and Other Program Distribution.'' Cable and Other 
Program Distribution, prior to 2014, was placed under NAICS Code 
517110, Wired Telecommunications Carriers. Wired Telecommunications 
Carriers is still a current and valid NAICS Code Category. Because 
of the similarity between ``Cable and Other Subscription 
Programming'' and ``Cable and other Program Distribution,'' we will, 
in this proceeding, continue to use Wired Telecommunications Carrier 
data based on the U.S. Census. The alternative of using data 
gathered under Cable and Other Subscription Programming (NAICS Code 
515210) is unavailable to us for two reasons. First, the size 
standard established by the SBA for Cable and Other Subscription 
Programming is annual receipts of $38.5 million or less. Thus to use 
the annual receipts size standard would require the Commission 
either to switch from existing employee based size standard of 1,500 
employees or less for Wired Telecommunications Carriers, or else 
would require the use of two size standards. No official approval of 
either option has been granted by the Commission as of the time of 
the release of the FY 2015 NPRM. Second, the data available under 
the size standard of $38.5 million dollars or less is not applicable 
at this time, because the only currently available U.S. Census data 
for annual receipts of all businesses operating in the NAICS Code 
category of 515210 (Cable and other Subscription Programming) 
consists only of total receipts for all businesses operating in this 
category in 2007 and of total annual receipts for all businesses 
operating in this category in 2012. The data do not provide any 
basis for determining, for either year, how many businesses were 
small because they had annual receipts of $38.5 million or less. See 
http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51I2&prodType=table.
    \51\ U.S. Census Bureau, 2007 NAICS Definitions, ``517110 Wired 
Telecommunications Carriers'' (partial definition), (Full definition 
stated in paragraph 6 of this IRFA) available at http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
    \52\ 13 CFR 121.201, NAICS code 517110.
    \53\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US-51SSSZ5&prodType=Table.
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    20. Cable Companies and Systems. The Commission has developed its 
own

[[Page 66815]]

small business size standards for the purpose of cable rate regulation. 
Under the Commission's rules, a ``small cable company'' is one serving 
400,000 or fewer subscribers nationwide.\54\ Industry data indicate 
that there are currently 4,600 active cable systems in the United 
States.\55\ Of this total, all but ten cable operators nationwide are 
small under the 400,000-subscriber size standard.\56\ In addition, 
under the Commission's rate regulation rules, a ``small system'' is a 
cable system serving 15,000 or fewer subscribers.\57\ Current 
Commission records show 4,600 cable systems nationwide.\58\ Of this 
total, 3,900 cable systems have less than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers, based on the same records.\59\ 
Thus, under this standard as well, we estimate that most cable systems 
are small entities.
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    \54\ 47 CFR 76.901(e).
    \55\ August 15, 2015 Report from the Media Bureau based on data 
contained in the Commission's Cable Operations And Licensing System 
(COALS). See www/fcc.gov/coals.
    \56\ See SNL KAGAN at Https://snl.cominteractiveX top cable MSOs 
aspx?period2015Q1&sortcol=subscribersbasic&sortorder=desc.
    \57\ 47 CFR 76.901(c).
    \58\ See footnote 2, supra.
    \59\ August 5, 2015 report from the Media Bureau based on its 
research in COALS. See www.fcc.gov/coals.
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    21. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 1 
percent of all subscribers in the United States and is not affiliated 
with any entity or entities whose gross annual revenues in the 
aggregate exceed $250,000,000.'' \60\ There are approximately 
52,403,705 cable video subscribers in the United States today.\61\ 
Accordingly, an operator serving fewer than 524,037 subscribers shall 
be deemed a small operator if its annual revenues, when combined with 
the total annual revenues of all its affiliates, do not exceed $250 
million in the aggregate.\62\ Based on available data, we find that all 
but nine incumbent cable operators are small entities under this size 
standard.\63\ We note that the Commission neither requests nor collects 
information on whether cable system operators are affiliated with 
entities whose gross annual revenues exceed $250 million.\64\ Although 
it seems certain that some of these cable system operators are 
affiliated with entities whose gross annual revenues exceed 
$250,000,000, we are unable at this time to estimate with greater 
precision the number of cable system operators that would qualify as 
small cable operators under the definition in the Communications Act.
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    \60\ 47 CFR 901 (f) and notes ff. 1, 2, and 3.
    \61\ See SNL KAGAN at htpps://www.snl.com/interactivex/MultichannelIndustryBenchmarks.aspx.
    \62\ 47.901(f) and notes ff. 1, 2, and 3.
    \63\ See SNL KAGAN at www.snl.com/Interactivex/TopCable 
MSOs.aspx.
    \64\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's 
finding that the operator does not qualify as a small cable operator 
pursuant to 76.901(f) of the Commission's rules. See 47 CFR 
76.901(f).
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    22. All Other Telecommunications. ``All Other Telecommunications'' 
is defined as follows: This U.S. industry is comprised of 
establishments that are primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.\65\ The SBA has 
developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less.\66\ For this category, census 
data for 2007 show that there were 2,383 firms that operated for the 
entire year. Of these firms, a total of 2,346 had gross annual receipts 
of less than $25 million.\67\ Thus, a majority of ``All Other 
Telecommunications'' firms potentially affected by the rules adopted 
can be considered small.
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    \65\ http://www.census.gov/cgi-bin/ssssd/naics/naicsrch.
    \66\ 13 CFR 121.201; NAICS Code 517919.
    \67\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ5&prodType=table.
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D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    23. This Report and Order does not adopt any new reporting, 
recordkeeping, or other compliance requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    24. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its approach, which may 
include the following four alternatives, among others: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for 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.\68\
---------------------------------------------------------------------------

    \68\ 5 U.S.C. 603(c)(1) through(c)(4).
---------------------------------------------------------------------------

    25. This Order does not adopt any new reporting requirements. 
Therefore no adverse economic impact on small entities will be 
sustained based on reporting requirements. There will be a regulatory 
fee instituted on DBS providers due to the adoption of a new fee 
category, but we anticipate that the two primary DBS companies required 
to pay these fees are not small entities. Similarly, a new regulatory 
fee for Responsible Organizations (Resp. Org) has also been instituted 
in FY 2015 for the toll free number fee category that was previously 
adopted--the fee rate adopted is 12 cents per year. This is not a new 
reporting requirement, and should not have any adverse economic impact 
on small Resp. Org. entities because they are able to recover these 
assessed fees from their customers.
    26. In keeping with the requirements of the Regulatory Flexibility 
Act, we have considered certain alternative means of mitigating the 
effects of fee increases to a particular industry segment. For example, 
beginning in FY 2015 the Commission has increased the de minimis 
threshold from under $10 to $500 (the total of all regulatory fees), 
which will impact many small entities that pay regulatory fees for 
ITSP, paging, cellular, cable, and Low Power Television/FM Translators. 
Historically, many of these small entities have been late in making 
their fee payments to the Commission by the due date. This increase in 
the de minimis threshold to $500 will relieve regulatees both 
financially and administratively. Finally, regulatees may also seek 
waivers or other relief on the basis of financial hardship. See 47 CFR 
1.1166.

[[Page 66816]]

F. Federal Rules That May Duplicate, Overlap, or Conflict

    27. None.

III. Ordering Clauses

    28. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 
(j), 9, and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 159, and 303(r), this Order IS HEREBY ADOPTED.
    29. IT IS FURTHER ORDERED that this Order SHALL BE EFFECTIVE 
November 30, 2015.
    30. IT IS FURTHER ORDERED that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this Order, including the Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the U.S. Small Business 
Administration.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79, et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, 
and 1455.


0
2. Section 1.1112 is amended by revising paragraphs (a) and (b), 
redesignating paragraphs (e) and (f) as paragraphs (f) and (g), and by 
adding new paragraph (e) to read as follows:


Sec.  1.1112  Form of payment.

    (a) Annual and multiple year regulatory fees must be paid 
electronically as described in paragraph (e) of this section. Fee 
payments, other than annual and multiple year regulatory fee payments, 
should be in the form of a check, cashier's check, or money order 
denominated in U.S. dollars and drawn on a United States financial 
institution and made payable to the Federal Communications Commission 
or by a Visa, MasterCard, American Express, or Discover credit card. No 
other credit card is acceptable. Fees for applications and other 
filings paid by credit card will not be accepted unless the credit card 
section of FCC Form 159 is completed in full. The Commission 
discourages applicants from submitting cash and will not be responsible 
for cash sent through the mail. Personal or corporate checks dated more 
than six months prior to their submission to the Commission's lockbox 
bank and postdated checks will not be accepted and will be returned as 
deficient. Third party checks (i.e., checks with a third party as maker 
or endorser) will not be accepted.
    (1) Although payments (other than annual and multiple year 
regulatory fee payments) may be submitted in the form of a check, 
cashier's check, or money order, payors of these fees are encouraged to 
submit these payments electronically under the procedures described in 
paragraph (e) of this section.
    (2) Specific procedures for electronic payments are announced in 
Bureau/Office fee filing guides.
    (3) It is the responsibility of the payer to insure that any 
electronic payment is made in the manner required by the Commission. 
Failure to comply with the Commission's procedures will result in the 
return of the application or other filing.
    (4) To insure proper credit, applicants making wire transfer 
payments must follow the instructions set out in the appropriate Bureau 
Office fee filing guide.
    (b) Applicants are required to submit one payment instrument 
(check, cashier's check, or money order) and FCC Form 159 with each 
application or filing; multiple payment instruments for a single 
application or filing are not permitted. A separate Fee Form (FCC Form 
159) will not be required once the information requirements of that 
form (the Fee Code, fee amount, and total fee remitted) are 
incorporated into the underlying application form.
* * * * *
    (e) Annual and multiple year regulatory fee payments shall be 
submitted by online ACH payment, online Visa, MasterCard, American 
Express, or Discover credit card payment, or wire transfer payment 
denominated in U.S. dollars and drawn on a United States financial 
institution and made payable to the Federal Communications Commission. 
No other credit card is acceptable. Any other form of payment for 
regulatory fees (e.g., paper checks) will be rejected and sent back to 
the payor.
* * * * *

0
3. Section 1.1158 is amended by revising the introductory text and 
paragraph (a) to read as follows:


Sec.  1.1158  Form of payment for regulatory fees.

    Any annual and multiple year regulatory fee payment must be 
submitted by online Automatic Clearing House (ACH) payment, online 
Visa, MasterCard, American Express, or Discover credit card payment, or 
wire transfer payment denominated in U.S. dollars and drawn on a United 
States financial institution and made payable to the Federal 
Communications Commission. No other credit card is acceptable. Any 
other form of payment for annual and multiple year regulatory fees 
(e.g., paper checks, cash) will be rejected and sent back to the payor. 
The Commission will not be responsible for cash, under any 
circumstances, sent through the mail.
    (a) Payors making wire transfer payments must submit an 
accompanying FCC Form 159-E via facsimile.
* * * * *

0
4. Section 1.1161 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.1161  Conditional license grants and delegated authorizations.

    (a) Grant of any application or an instrument of authorization or 
other filing for which an annual or multiple year regulatory fee is 
required to accompany the application or filing will be conditioned 
upon final payment of the current or delinquent regulatory fees. 
Current annual and multiple year regulatory fees must be paid 
electronically as described in Sec.  1.1112(e). For all other fees, 
(e.g., application fees, delinquent regulatory fees) final payment 
shall mean receipt by the U.S. Treasury of funds cleared by the 
financial institution on which the check, cashier's check, or money 
order is drawn. Electronic payments are considered timely when a wire 
transfer was received by the Commission's bank no later than 6:00 p.m. 
on the due date; confirmation to pay.gov that a credit card payment was 
successful no later than 11:59 p.m. (EST) on the due date; or 
confirmation an ACH was credited no later than 11:59 p.m. (EST) on the 
due date.
* * * * *
0
5. Section 1.1164 is amended by revising the introductory text to read 
as follows:


Sec.  1.1164  Penalties for late or insufficient regulatory fee 
payments.

    Electronic payments are considered timely when a wire transfer was 
received by the Commission's bank no later than 6:00 p.m. on the due 
date; confirmation to pay.gov that a credit card payment was successful 
no later

[[Page 66817]]

than 11:59 p.m. (EST) on the due date; or confirmation an ACH was 
credited no later than 11:59 p.m. (EST) on the due date. In instances 
where a non-annual regulatory payment (i.e., delinquent payment) is 
made by check, cashier's check, or money order, a timely fee payment or 
installment payment is one received at the Commission's lockbox bank by 
the due date specified by the Commission or by the Managing Director. 
Where a non-annual regulatory fee payment is made by check, cashier's 
check, or money order, a timely fee payment or installment payment is 
one received at the Commission's lockbox bank by the due date specified 
by the Commission or the Managing Director. Any late payment or 
insufficient payment of a regulatory fee, not excused by bank error, 
shall subject the regulatee to a 25 percent penalty of the amount of 
the fee of installment payment which was not paid in a timely manner.
* * * * *
[FR Doc. 2015-27630 Filed 10-29-15; 8:45 am]
BILLING CODE 6712-01-P



                                                               Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                                       66811

                                                                                                                                                                                                     Date certain
                                                                                                                                                                                                    Federal assist-
                                                                                                    Community          Effective date authorization/cancellation of     Current effective
                                                            State and location                                                                                                                         ance no
                                                                                                       No.                sale of flood insurance in community             map date                longer available
                                                                                                                                                                                                      in SFHAs

                                                Dorset, Town of, Bennington County ....                    500014      July 29, 1975, Emerg; August 1, 1986, Reg;       ......do ...............      Do.
                                                                                                                         December 2, 2015, Susp.
                                                Landgrove, Town of, Bennington Coun-                       500178      December 23, 1975, Emerg; September 18,          ......do ...............      Do.
                                                  ty.                                                                    1985, Reg; December 2, 2015, Susp.
                                                Manchester, Town of, Bennington                            500015      January 28, 1972, Emerg; April 3, 1978,          ......do ...............      Do.
                                                  County.                                                                Reg; December 2, 2015, Susp.
                                                Manchester, Village of, Bennington                         500179      September 10, 1975, Emerg; August 19,            ......do ...............      Do.
                                                  County.                                                                1986, Reg; December 2, 2015, Susp.
                                                Peru, Town of, Bennington County .......                   500181      August 12, 2013, Emerg; N/A, Reg; Decem-         ......do ...............      Do.
                                                                                                                         ber 2, 2015, Susp.
                                                Pownal, Town of, Bennington County ...                     500016      July 9, 1975, Emerg; April 1, 1980, Reg;         ......do ...............      Do.
                                                                                                                         December 2, 2015, Susp.
                                                Rupert, Town of, Bennington County ....                    500018      May 27, 1975, Emerg; September 18, 1985,         ......do ...............      Do.
                                                                                                                         Reg; December 2, 2015, Susp.
                                                Sandgate, Town of, Bennington County                       500183      June 5, 2013, Emerg; N/A, Reg; December          ......do ...............      Do.
                                                                                                                         2, 2015, Susp.
                                                Shaftsbury, Town of, Bennington Coun-                      500019      July 2, 1975, Emerg; September 18, 1985,         ......do ...............      Do.
                                                  ty.                                                                    Reg; December 2, 2015, Susp.
                                                Stamford, Town of, Bennington County                       500020      June 10, 1975, Emerg; July 3, 1978, Reg;         ......do ...............      Do.
                                                                                                                         December 2, 2015, Susp.
                                                Sunderland, Town of, Bennington                            500021      September 10, 1975, Emerg; November 1,           ......do ...............      Do.
                                                  County.                                                                1985, Reg; December 2, 2015, Susp.
                                                Winhall, Town of, Bennington County ...                    500022      September 10, 1975, Emerg; June 19,              ......do ...............      Do.
                                                                                                                         1989, Reg; December 2, 2015, Susp.
                                                Woodford, Town of, Bennington County                       500023      November 13, 1975, Emerg; September 18,          ......do ...............      Do.
                                                                                                                         1985, Reg; December 2, 2015, Susp.
                                                             Region III
                                           Virginia:
                                                Isle of Wight County, Unincorporated                       510303      May 20, 1975, Emerg; August 19, 1991,            ......do ...............      Do.
                                                   Areas.                                                                Reg; December 2, 2015, Susp.
                                                Smithfield, Town of, Isle of Wight Coun-                   510081      September 24, 1974, Emerg; December 5,           ......do ...............      Do.
                                                   ty.                                                                   1990, Reg; December 2, 2015, Susp.
                                           Windsor, Town of, Isle of Wight County .......                  510295      August 11, 1988, Emerg; August 1, 1990,          ......do ...............      Do.
                                                                                                                         Reg; December 2, 2015, Susp.
                                                              Region V
                                           Illinois:
                                                 Galena, City of, Jo Daviess County ......                 175168      August 27, 1971, Emerg; July 20, 1973,           ......do ...............      Do.
                                                                                                                         Reg; December 2, 2015, Susp.
                                           Jo Daviess County, Unincorporated Areas ..                      170902      April 19, 1979, Emerg; January 18, 1984,         ......do ...............      Do.
                                                                                                                         Reg; December 2, 2015, Susp.
                                                           Region IX
                                           Arizona: Fort Mojave Indian Tribe, Mohave                       040133      January 31, 1992, Emerg; March 18, 1996,         ......do ...............      Do.
                                             County.                                                                     Reg; December 2, 2015, Susp.
                                              *-do- =Ditto.
                                              Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                             Dated: October 20, 2015.                                FEDERAL COMMUNICATIONS                                 SUMMARY:    In this document, the
                                           Roy E. Wright,                                            COMMISSION                                             Commission amends language in its
                                           Deputy Associate Administrator, Federal                                                                          rules to reflect that regulatory fees must
                                           Insurance and Mitigation Administration,                  47 CFR Part 1                                          be paid electronically, and can no
                                           Department of Homeland Security, Federal                                                                         longer be paid by check or money order.
                                           Emergency Management Agency.                              [MD Docket Nos. 12–201; 13–140; 14–92;                 Electronic payments are not only cost-
                                           [FR Doc. 2015–27750 Filed 10–29–15; 8:45 am]              FCC 14–88]                                             effective, they are also efficient and can
                                           BILLING CODE 9110–12–P                                                                                           provide an electronic ‘‘paper trail’’. As
                                                                                                     Assessment and Collection of                           a result, in an effort to improve
                                                                                                     Regulatory Fees for Fiscal Year 2014;                  efficiency, the Commission
                                                                                                     Assessment and Collection of
                                                                                                                                                            discontinued the practice of paying
                                                                                                     Regulatory Fees for Fiscal Year 2013;
                                                                                                                                                            regulatory fees with a check or money
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                     and Procedures for Assessment and
                                                                                                                                                            order.
                                                                                                     Collection of Regulatory Fees
                                                                                                                                                            DATES:    Effective November 30, 2015.
                                                                                                     AGENCY:  Federal Communications
                                                                                                     Commission.                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            Roland Helvajian, Office of Managing
                                                                                                     ACTION: Final rule.
                                                                                                                                                            Director at (202) 418–0444.


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                                           66812             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           SUPPLEMENTARY INFORMATION:      These                   which this Order was attached.3 The                    governmental jurisdiction.’’ 6 In
                                           revisions to the Commission’s rules                     Commission sought written public                       addition, the term ‘‘small business’’ has
                                           were first published as a proposed rule                 comment on these proposals including                   the same meaning as the term ‘‘small
                                           along with the Commission’s                             comment on the IRFA. This Final                        business concern’’ under the Small
                                           Assessment and Collection of                            Regulatory Flexibility Analysis (FRFA)                 Business Act.7 A ‘‘small business
                                           Regulatory Fees for Fiscal Year 2014,                   conforms to the IRFA.4                                 concern’’ is one which: (1) Is
                                           Notice of Proposed Rulemaking, 79 FR                                                                           independently owned and operated; (2)
                                                                                                   A. Need for, and Objectives of, the
                                           37982, July 3, 2014, but it is now being                                                                       is not dominant in its field of operation;
                                                                                                   Order
                                           published as a final rule.                                                                                     and (3) satisfies any additional criteria
                                                                                                      5. In this Order, the Commission                    established by the SBA.8 Nationwide,
                                           I. Administrative Matters                               amends language to sections 1.1112,                    there are a total of approximately 27.9
                                           A. Final Regulatory Flexibility Analysis                1.1158, 1.1161, and 1.1164 of its rules                million small businesses, according to
                                                                                                   to note that regulatory fee payments                   the SBA.9
                                             1. As required by the Regulatory                      must be made electronically, and                          9. Wired Telecommunications
                                           Flexibility Act of 1980 (RFA),1 the                     payments by check and/or money order                   Carriers. The U.S. Census Bureau
                                           Commission has prepared a Final                         will no longer be accepted.                            defines this industry as ‘‘establishments
                                           Regulatory Flexibility Analysis (FRFA)                     6. In various places within the Code                primarily engaged in operating and/or
                                           relating to this Report and Order. The                  of Federal Regulations (CFR), the                      providing access to transmission
                                           FRFA is contained towards the end of                    Commission specifies the method of                     facilities and infrastructure that they
                                           this document.                                          payment that can be made for various                   own and/or lease for the transmission of
                                           B. Final Paperwork Reduction Act of                     types of fees (e.g. regulatory fees,                   voice, data, text, sound, and video using
                                           1995 Analysis                                           application fees, auction fees, etc.). The             wired communications networks.
                                                                                                   basic method of fee payment has                        Transmission facilities may be based on
                                             2. This document contains new or                      historically been by check or money                    a single technology or a combination of
                                           modified information collection                         order, but in more recent times,                       technologies. Establishments in this
                                           requirements subject to the Paperwork                   electronic forms of payment (e.g. credit               industry use the wired
                                           Reduction Act of 1995 (PRA), Public                     card, ACH Debit, and wire transfer) have               telecommunications network facilities
                                           Law 104–13. The Commission                              dominated the payment process.                         that they operate to provide a variety of
                                           submitted the PRA documents to the                      Electronic payments are not only cost-                 services, such as wired telephony
                                           Office of Management and Budget                         effective, they are also efficient and can             services, including VoIP services, wired
                                           (OMB) under section 3507(d) of the                      provide an electronic ‘‘paper trail’’. As              (cable) audio and video programming
                                           PRA, and obtained OMB approval on                       a result, in an effort to improve                      distribution, and wired broadband
                                           May 30, 2014. Consequently, the                         efficiency, the Commission                             internet services. By exception,
                                           requirement to obtain OMB approval for                  discontinued the practice of paying                    establishments providing satellite
                                           new and modified information                            regulatory fees with a check or money                  television distribution services using
                                           collection has been fulfilled. Finally, we              order. This Order amends the                           facilities and infrastructure that they
                                           note that pursuant to the Small Business                Commission’s rules to state that                       operate are included in this
                                           Paperwork Relief Act of 2002, Public                    payment of regulatory fees must be                     industry.’’ 10 The SBA has developed a
                                           Law 107–198, see 44 U.S.C. 3506(c)(4),                  electronic and checks and/or money                     small business size standard for Wired
                                           the Commission sought previous                          orders will no longer be accepted as a                 Telecommunications Carriers, which
                                           comment on how it might further                         form of payment.                                       consists of all such companies having
                                           reduce the information collection                                                                              1,500 or fewer employees.11 Census data
                                           burden on small businesses with fewer                   B. Summary of the Significant Issues
                                                                                                   Raised by the Public Comments in                       for 2007 shows that there were 3,188
                                           than 25 employees.                                                                                             firms that operated that year. Of this
                                                                                                   Response to the IRFA
                                           C. Congressional Review Act                                                                                    total, 3,144 operated with less than
                                                                                                         7. None.                                         1,000 employees.12 Thus, under this
                                             3. The Commission will send a copy                    C. Description and Estimate of the                     size standard, the majority of firms in
                                           of this Order to Congress and the                       Number of Small Entities To Which the                  this industry can be considered small.
                                           Government Accountability Office                        Rules Will Apply
                                           pursuant to the Congressional Review                                                                             65  U.S.C. 601(6).
                                           Act. 5 U.S.C. 801(a)(1)(A).                                8. The RFA directs agencies to                        75  U.S.C. 601(3) (incorporating by reference the
                                                                                                   provide a description of, and where                    definition of ‘‘small-business concern’’ in the Small
                                           II. Regulatory Flexibility Analysis                     feasible, an estimate of the number of                 Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
                                                                                                                                                          601(3), the statutory definition of a small business
                                             4. As required by the Regulatory                      small entities that may be affected by                 applies ‘‘unless an agency, after consultation with
                                           Flexibility Act of 1980, as amended                     the proposed rules and policies, if                    the Office of Advocacy of the Small Business
                                           (RFA),2 an Initial Regulatory Flexibility               adopted.5 The RFA generally defines the                Administration and after opportunity for public
                                                                                                   term ‘‘small entity’’ as having the same               comment, establishes one or more definitions of
                                           Analysis (IRFA) was included in the FY                                                                         such term which are appropriate to the activities of
                                           2014 Notice of Proposed Rulemaking to                   meaning as the terms ‘‘small business,’’               the agency and publishes such definition(s) in the
                                                                                                   ‘‘small organization,’’ and ‘‘small                    Federal Register.’’
                                                                                                                                                            8 15 U.S.C. 632.
                                             1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
                                                                                                     3 Assessment and Collection of Regulatory Fees         9 See SBA, Office of Advocacy, ‘‘Frequently
                                           612, has been amended by the Small Business
                                           Regulatory Enforcement Fairness Act of 1996             for Fiscal Year 2014, Assessment and Collection of     Asked Questions,’’ http://www.sba.gov/sites/
                                                                                                                                                          default/files/FAQ_Sept_2012.pdf.
Lhorne on DSK5TPTVN1PROD with RULES




                                           (SBREFA), Public Law 104–121, Title II, 110 Stat.       Regulatory Fees for Fiscal Year 2013, and
                                           847 (1996). The SBREFA was enacted as Title II of       Procedures for Assessment and Collection of              10 http://www.census.gov/cgi-bin/sssd/naics/

                                           the Contract with America Advancement Act of            Regulatory Fees, Notice of Proposed Rulemaking,        naicsrch.
                                           1996 (CWAAA).                                           Second Further Notice of Proposed Rulemaking,            11 See 13 CFR 120.201, NAICS Code 517110.
                                             2 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612 has         and Order, MD Docket Nos. 14–92, 13–140, and 12–         12 http://factfinder.census.gov/faces/

                                           been amended by the Small Business Regulatory           201, 29 FCC Rcd 6417 (2014) (FY 2014 NPRM).            tableservices/jsf/pages/
                                                                                                     4 5 U.S.C. 604.
                                           Enforcement Fairness Act of 1996 (SBREFA), Public                                                              productview.xhtml?pid=ECN_2007_US_
                                           Law 104–121, Title II, 110 Stat. 847 (1996).              5 5 U.S.C. 603(b)(3).                                51SSSZ5&prodType=table.



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                                                               Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                                    66813

                                              10. Local Exchange Carriers (LECs).                   Carriers, as defined in paragraph 6 of                  services.28 Of this total, an estimated
                                           Neither the Commission nor the SBA                       this FRFA. Under that size standard,                    317 have 1,500 or fewer employees.29
                                           has developed a size standard for small                  such a business is small if it has 1,500                Consequently, the Commission
                                           businesses specifically applicable to                    or fewer employees.19 U.S. Census data                  estimates that the majority of
                                           local exchange services. The closest                     for 2007 indicate that 3,188 firms                      interexchange service providers are
                                           applicable NAICS Code category is                        operated during that year. Of that                      small entities that may be affected by
                                           Wired Telecommunications Carriers as                     number, 3,144 operated with fewer than                  the rules adopted.
                                           defined in paragraph 6 of this FRFA.                     1,000 employees.20 Based on this data,                     14. Prepaid Calling Card Providers.
                                           Under the applicable SBA size standard,                  the Commission concludes that the
                                                                                                                                                            Neither the Commission nor the SBA
                                           such a business is small if it has 1,500                 majority of Competitive LECS, CAPs,
                                           or fewer employees.13 According to                                                                               has developed a small business size
                                                                                                    Shared-Tenant Service Providers, and
                                           Commission data, census data for 2007                                                                            standard specifically for prepaid calling
                                                                                                    Other Local Service Providers, are small
                                           shows that there were 3,188 firms that                                                                           card providers. The appropriate NAICS
                                                                                                    entities. According to Commission data,
                                           operated that year. Of this total, 3,144                                                                         Code category for prepaid calling card
                                                                                                    1,442 carriers reported that they were
                                           operated with fewer than 1,000                           engaged in the provision of either                      providers is Telecommunications
                                           employees.14 The Commission therefore                    competitive local exchange services or                  Resellers. This industry comprises
                                           estimates that most providers of local                   competitive access provider services.21                 establishments engaged in purchasing
                                           exchange carrier service are small                       Of these 1,442 carriers, an estimated                   access and network capacity from
                                           entities that may be affected by the rules               1,256 have 1,500 or fewer employees.22                  owners and operators of
                                           adopted.                                                 In addition, 17 carriers have reported                  telecommunications networks and
                                              11. Incumbent LECs. Neither the                       that they are Shared-Tenant Service                     reselling wired and wireless
                                           Commission nor the SBA has developed                     Providers, and all 17 are estimated to                  telecommunications services (except
                                           a small business size standard                           have 1,500 or fewer employees.23 Also,                  satellite) to businesses and households.
                                           specifically for incumbent local                         72 carriers have reported that they are                 Mobile virtual networks operators
                                           exchange services. The closest                           Other Local Service Providers.24 Of this                (MVNOs) are included in this
                                           applicable NAICS Code category is                        total, 70 have 1,500 or fewer                           industry.30 Under the applicable SBA
                                           Wired Telecommunications Carriers as                     employees.25 Consequently, based on                     size standard, such a business is small
                                           defined in paragraph 6 of this FRFA.                     internally researched FCC data, the                     if it has 1,500 or fewer employees.31
                                           Under that size standard, such a                         Commission estimates that most                          U.S. Census data for 2007 show that
                                           business is small if it has 1,500 or fewer               providers of competitive local exchange                 1,523 firms provided resale services
                                           employees.15 According to Commission                     service, competitive access providers,                  during that year. Of that number, 1,522
                                           data, 3,188 firms operated in that year.                 Shared-Tenant Service Providers, and                    operated with fewer than 1,000
                                           Of this total, 3,144 operated with fewer                 Other Local Service Providers are small                 employees.32 Thus, under this category
                                           than 1,000 employees.16 Consequently,                    entities that may be affected by the rules              and the associated small business size
                                           the Commission estimates that most                       adopted.                                                standard, the majority of these prepaid
                                           providers of incumbent local exchange                       13. Interexchange Carriers (IXCs).                   calling card providers can be considered
                                           service are small businesses that may be                 Neither the Commission nor the SBA                      small entities. According to Commission
                                           affected by the rules and policies                       has developed a definition for                          data, 193 carriers have reported that
                                           adopted. Three hundred and seven (307)                   Interexchange Carriers. The closest                     they are engaged in the provision of
                                           Incumbent Local Exchange Carriers                        NAICS Code category is Wired                            prepaid calling cards.33 All 193 carriers
                                           reported that they were incumbent local                  Telecommunications Carriers as defined                  have 1,500 or fewer employees.34
                                           exchange service providers.17 Of this                    in paragraph 6 of this FRFA. The                        Consequently, the Commission
                                           total, an estimated 1,006 have 1,500 or                  applicable size standard under SBA                      estimates that the majority of prepaid
                                           fewer employees.18                                       rules is that such a business is small if               calling card providers are small entities
                                              12. Competitive Local Exchange                        it has 1,500 or fewer employees.26 U.S.                 that may be affected by the rules
                                           Carriers (Competitive LECs),                             Census data for 2007 indicates that                     adopted.
                                           Competitive Access Providers (CAPs),                     3,188 firms operated during that year.
                                           Shared-Tenant Service Providers, and                                                                                15. Local Resellers. The SBA has
                                                                                                    Of that number, 3,144 operated with                     developed a small business size
                                           Other Local Service Providers. Neither                   fewer than 1,000 employees.27
                                           the Commission nor the SBA has                                                                                   standard for the category of
                                                                                                    According to internally developed                       Telecommunications Resellers. Under
                                           developed a small business size                          Commission data, 359 companies
                                           standard specifically for these service                                                                          that size standard, such a business is
                                                                                                    reported that their primary
                                           providers. The appropriate NAICS Code                                                                            small if it has 1,500 or fewer
                                                                                                    telecommunications service activity was
                                           category is Wired Telecommunications                                                                             employees.35 Census data for 2007 show
                                                                                                    the provision of interexchange
                                                                                                                                                            that 1,523 firms provided resale services
                                             13 13   CFR 121.201, NAICS code 517110.                  19 13
                                                                                                                                                            during that year. Of that number, 1,522
                                                                                                              CFR 121.201, NAICS code 517110.
                                             14 http://factfinder.census.gov/faces/
                                                                                                      20 http://factfinder.census.gov/faces/
                                                                                                                                                            operated with fewer than 1,000
                                           tableservices/jsf/pages/
                                           productview.xhtml?pid=ECN_2007_US_                       tableservices/jsf/pages/
                                           51SSSZ5&prodType=table.                                  productview.xhtml?pid=ECN_2007_US_                        28 See   Trends in Telephone Service, at Table 5.3.
                                             15 13 CFR 121.201, NAICS code 517110.                  51SSSZ5&prodType=table.                                   29 Id.
                                                                                                      21 See Trends in Telephone Service, at Table 5.3.       30 http://www.census.gov/cgi-bin/ssd/naics/
                                             16 http://factfinder.census.gov/faces/
                                                                                                      22 Id.                                                naicsrch.
                                           tableservices/jsf/pages/
                                                                                                      23 Id.                                                  31 13 CFR 121.201, NAICS code 517911.
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                                           productview.xhtml?pid=ECN_2007_US_
                                                                                                      24 Id.                                                  32 http://factfinder.census.gov/faces/
                                           51SSSZ5&prodType=table.
                                             17 See Trends in Telephone Service, Federal              25 Id.                                                tableservices/jsf/pages/
                                           Communications Commission, Wireline                        26 13 CFR 121.201, NAICS code 517110.                 productview.xhtml?pid=ECN_2007_US_
                                           Competition Bureau, Industry Analysis and                  27 http://factfinder.census.gov/faces/                51SSSZ5&prodType=table.
                                                                                                                                                              33 See Trends in Telephone Service, at Table 5.3.
                                           Technology Division at Table 5.3 (Sept. 2010)            tableservices/jsf/pages/
                                           (Trends in Telephone Service).                           productview.xhtml?pid=ECN_2007_US_                        34 Id.
                                             18 Id.                                                 51SSSZ5&prodType=table.                                   35 13 CFR 121.201, NAICS code 517911.




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                                           66814              Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           employees.36 Under this category and                    that operated that year. Of this total,               2007, these services have been defined
                                           the associated small business size                      3,144 operated with fewer than 1,000                  within the broad economic census
                                           standard, the majority of these local                   employees.44 Thus, under this category                category of Wired Telecommunications
                                           resellers can be considered small                       and the associated small business size                Carriers. That category is defined as
                                           entities. According to Commission data,                 standard, the majority of Other Toll                  follows: ‘‘This industry comprises
                                           213 carriers have reported that they are                Carriers can be considered small.                     establishments primarily engaged in
                                           engaged in the provision of local resale                According to internally developed                     operating and/or providing access to
                                           services.37 Of this total, an estimated                 Commission data, 284 companies                        transmission facilities and infrastructure
                                           211 have 1,500 or fewer employees.38                    reported that their primary                           that they own and/or lease for the
                                           Consequently, the Commission                            telecommunications service activity was               transmission of voice, data, text, sound,
                                           estimates that the majority of local                    the provision of other toll carriage.45 Of            and video using wired
                                           resellers are small entities that may be                these, an estimated 279 have 1,500 or                 telecommunications networks.
                                           affected by the rules adopted.                          fewer employees.46 Consequently, the                  Transmission facilities may be based on
                                              16. Toll Resellers. The Commission                   Commission estimates that most Other                  a single technology or a combination of
                                           has not developed a definition for Toll                 Toll Carriers are small entities that may             technologies.’’ 51 The SBA has
                                           Resellers. The closest NAICS Code                       be affected by the rules and policies                 developed a small business size
                                           Category is Telecommunications                          adopted.                                              standard for this category, which is: All
                                           Resellers, and the SBA has developed a                     18. Wireless Telecommunications                    such firms having 1,500 or fewer
                                           small business size standard for the                    Carriers (except Satellite). This industry            employees.52 Census data for 2007
                                           category of Telecommunications                          comprises establishments engaged in                   shows that there were 3,188 firms that
                                           Resellers. Under that size standard, such               operating and maintaining switching                   operated that year. Of this total, 3,144
                                           a business is small if it has 1,500 or                  and transmission facilities to provide                had fewer than 1,000 employees.53 Thus
                                           fewer employees.39 Census data for 2007                 communications via the airwaves, such                 under this size standard, the majority of
                                           show that 1,523 firms provided resale                   as cellular services, paging services,                firms offering cable and other program
                                           services during that year. Of that                      wireless internet access, and wireless                distribution services can be considered
                                           number, 1,522 operated with fewer than                  video services.47 The appropriate size                small and may be affected by rules
                                           1,000 employees.40 Thus, under this                     standard under SBA rules is that such                 adopted.
                                           category and the associated small                       a business is small if it has 1,500 or                   20. Cable Companies and Systems.
                                           business size standard, the majority of                 fewer employees. For this industry,                   The Commission has developed its own
                                           these resellers can be considered small                 Census data for 2007 show that there
                                           entities. According to Commission data,                 were 1,383 firms that operated for the                Telecommunications Carriers. Wired
                                           881 carriers have reported that they are                                                                      Telecommunications Carriers is still a current and
                                                                                                   entire year. Of this total, 1,368 firms had           valid NAICS Code Category. Because of the
                                           engaged in the provision of toll resale                 fewer than 1,000 employees. Thus                      similarity between ‘‘Cable and Other Subscription
                                           services.41 Of this total, an estimated                 under this category and the associated                Programming’’ and ‘‘Cable and other Program
                                           857 have 1,500 or fewer employees.42                    size standard, the Commission estimates               Distribution,’’ we will, in this proceeding, continue
                                           Consequently, the Commission                                                                                  to use Wired Telecommunications Carrier data
                                                                                                   that the majority of wireless                         based on the U.S. Census. The alternative of using
                                           estimates that the majority of toll                     telecommunications carriers (except                   data gathered under Cable and Other Subscription
                                           resellers are small entities that may be                satellite) are small entities. Similarly,             Programming (NAICS Code 515210) is unavailable
                                           affected by the rules adopted.                          according to internally developed                     to us for two reasons. First, the size standard
                                              17. Other Toll Carriers. Neither the                                                                       established by the SBA for Cable and Other
                                                                                                   Commission data, 413 carriers reported                Subscription Programming is annual receipts of
                                           Commission nor the SBA has developed                    that they were engaged in the provision               $38.5 million or less. Thus to use the annual
                                           a definition for small businesses                       of wireless telephony, including cellular             receipts size standard would require the
                                           specifically applicable to Other Toll                   service, Personal Communications                      Commission either to switch from existing
                                           Carriers. This category includes toll                                                                         employee based size standard of 1,500 employees
                                                                                                   Service (PCS), and Specialized Mobile                 or less for Wired Telecommunications Carriers, or
                                           carriers that do not fall within the                    Radio (SMR) services.48 Of this total, an             else would require the use of two size standards.
                                           categories of interexchange carriers,                   estimated 261 have 1,500 or fewer                     No official approval of either option has been
                                           operator service providers, prepaid                     employees.49 Consequently, the                        granted by the Commission as of the time of the
                                           calling card providers, satellite service                                                                     release of the FY 2015 NPRM. Second, the data
                                                                                                   Commission estimates that                             available under the size standard of $38.5 million
                                           carriers, or toll resellers. The closest                approximately half of these firms can be              dollars or less is not applicable at this time, because
                                           applicable NAICS Code category is for                   considered small. Thus, using available               the only currently available U.S. Census data for
                                           Wired Telecommunications Carriers as                    data, we estimate that the majority of                annual receipts of all businesses operating in the
                                           defined in paragraph 6 of this FRFA.                                                                          NAICS Code category of 515210 (Cable and other
                                                                                                   wireless firms can be considered small.               Subscription Programming) consists only of total
                                           Under the applicable SBA size standard,                    19. Cable Television and Other                     receipts for all businesses operating in this category
                                           such a business is small if it has 1,500                Subscription Programming.50 Since                     in 2007 and of total annual receipts for all
                                           or fewer employees.43 Census data for                                                                         businesses operating in this category in 2012. The
                                           2007 shows that there were 3,188 firms                     44 http://factfinder.census.gov/faces/
                                                                                                                                                         data do not provide any basis for determining, for
                                                                                                                                                         either year, how many businesses were small
                                                                                                   tableservices/jsf/pages/                              because they had annual receipts of $38.5 million
                                             36 http://factfinder.census.gov/faces/                productview.xhtml?pid=ECN_2007_US_                    or less. See http://factfinder.census.gov/faces/
                                           tableservices/jsf/pages/                                51SSSZ5&prodType=table.                               tableservices/jsf/pages/
                                           productview.xhtml?pid=ECN_2007_US_                         45 Trends in Telephone Service, at Table 5.3.
                                                                                                                                                         productview.xhtml?pid=ECN_2012_US_
                                           51SSSZ5&prodType=table.                                    46 Id.
                                                                                                                                                         51I2&prodType=table.
                                             37 See Trends in Telephone Service, at Table 5.3.        47 NAICS Code 517210. See http://                     51 U.S. Census Bureau, 2007 NAICS Definitions,
                                             38 Id.
                                                                                                   www.census.gov/cgi-bin/ssd/naics/naiscsrch.           ‘‘517110 Wired Telecommunications Carriers’’
                                             39 http://factfinder.census.gov/faces/
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                                                                                                      48 Trends in Telephone Service, at Table 5.3       (partial definition), (Full definition stated in
                                           tableservices/jsf/pages/                                   49 Id.                                             paragraph 6 of this IRFA) available at http://
                                           productview.xhtml?pid=ECN_2007_US_                         50 In 2014, ‘‘Cable and Other Subscription         www.census.gov/cgi-bin/sssd/naics/naicsrch.
                                           51SSSZ5&prodType=table.                                                                                          52 13 CFR 121.201, NAICS code 517110.
                                             40 Id.
                                                                                                   Programming,’’ NAICS Code 515210, replaced a
                                                                                                   prior category, now obsolete, which was called           53 http://factfinder.census.gov/faces/
                                             41 Trends in Telephone Service, at Table 5.3.
                                                                                                   ‘‘Cable and Other Program Distribution.’’ Cable and   tableservices/jsf/pages/
                                             42 Id.
                                                                                                   Other Program Distribution, prior to 2014, was        productview.xhtml?pid=ECN_2007_US-51SSSZ5&
                                             43 13 CFR 121.201, NAICS code 517110.                 placed under NAICS Code 517110, Wired                 prodType=Table.



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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                                 66815

                                           small business size standards for the                   exceed $250 million.64 Although it                     E. Steps Taken To Minimize Significant
                                           purpose of cable rate regulation. Under                 seems certain that some of these cable                 Economic Impact on Small Entities, and
                                           the Commission’s rules, a ‘‘small cable                 system operators are affiliated with                   Significant Alternatives Considered
                                           company’’ is one serving 400,000 or                     entities whose gross annual revenues
                                           fewer subscribers nationwide.54                         exceed $250,000,000, we are unable at                     24. The RFA requires an agency to
                                           Industry data indicate that there are                   this time to estimate with greater                     describe any significant alternatives that
                                           currently 4,600 active cable systems in                 precision the number of cable system                   it has considered in reaching its
                                           the United States.55 Of this total, all but             operators that would qualify as small                  approach, which may include the
                                           ten cable operators nationwide are small                cable operators under the definition in                following four alternatives, among
                                           under the 400,000-subscriber size                                                                              others: (1) The establishment of
                                                                                                   the Communications Act.
                                           standard.56 In addition, under the                                                                             differing compliance or reporting
                                           Commission’s rate regulation rules, a                      22. All Other Telecommunications.                   requirements or timetables that take into
                                           ‘‘small system’’ is a cable system serving              ‘‘All Other Telecommunications’’ is                    account the resources available to small
                                           15,000 or fewer subscribers.57 Current                  defined as follows: This U.S. industry is              entities; (2) the clarification,
                                           Commission records show 4,600 cable                     comprised of establishments that are                   consolidation, or simplification of
                                           systems nationwide.58 Of this total,                    primarily engaged in providing                         compliance or reporting requirements
                                           3,900 cable systems have less than                      specialized telecommunications                         under the rule for small entities; (3) the
                                           15,000 subscribers, and 700 systems                     services, such as satellite tracking,                  use of performance, rather than design,
                                           have 15,000 or more subscribers, based                  communications telemetry, and radar                    standards; and (4) an exemption from
                                           on the same records.59 Thus, under this                 station operation. This industry also                  coverage of the rule, or any part thereof,
                                           standard as well, we estimate that most                 includes establishments primarily                      for small entities.68
                                           cable systems are small entities.                       engaged in providing satellite terminal
                                              21. Cable System Operators (Telecom                                                                            25. This Order does not adopt any
                                                                                                   stations and associated facilities
                                           Act Standard). The Communications                                                                              new reporting requirements. Therefore
                                                                                                   connected with one or more terrestrial
                                           Act of 1934, as amended, also contains                                                                         no adverse economic impact on small
                                                                                                   systems and capable of transmitting
                                           a size standard for small cable system                                                                         entities will be sustained based on
                                           operators, which is ‘‘a cable operator                  telecommunications to, and receiving                   reporting requirements. There will be a
                                           that, directly or through an affiliate,                 telecommunications from, satellite                     regulatory fee instituted on DBS
                                           serves in the aggregate fewer than 1                    systems. Establishments providing                      providers due to the adoption of a new
                                           percent of all subscribers in the United                Internet services or voice over Internet               fee category, but we anticipate that the
                                           States and is not affiliated with any                   protocol (VoIP) services via client-                   two primary DBS companies required to
                                           entity or entities whose gross annual                   supplied telecommunications                            pay these fees are not small entities.
                                           revenues in the aggregate exceed                        connections are also included in this                  Similarly, a new regulatory fee for
                                           $250,000,000.’’ 60 There are                            industry.65 The SBA has developed a                    Responsible Organizations (Resp. Org)
                                           approximately 52,403,705 cable video                    small business size standard for ‘‘All                 has also been instituted in FY 2015 for
                                           subscribers in the United States today.61               Other Telecommunications,’’ which                      the toll free number fee category that
                                           Accordingly, an operator serving fewer                  consists of all such firms with gross                  was previously adopted—the fee rate
                                           than 524,037 subscribers shall be                       annual receipts of $32.5 million or                    adopted is 12 cents per year. This is not
                                           deemed a small operator if its annual                   less.66 For this category, census data for             a new reporting requirement, and
                                           revenues, when combined with the total                  2007 show that there were 2,383 firms
                                           annual revenues of all its affiliates, do                                                                      should not have any adverse economic
                                                                                                   that operated for the entire year. Of                  impact on small Resp. Org. entities
                                           not exceed $250 million in the                          these firms, a total of 2,346 had gross
                                           aggregate.62 Based on available data, we                                                                       because they are able to recover these
                                                                                                   annual receipts of less than $25                       assessed fees from their customers.
                                           find that all but nine incumbent cable                  million.67 Thus, a majority of ‘‘All Other
                                           operators are small entities under this                                                                           26. In keeping with the requirements
                                                                                                   Telecommunications’’ firms potentially
                                           size standard.63 We note that the                                                                              of the Regulatory Flexibility Act, we
                                                                                                   affected by the rules adopted can be
                                           Commission neither requests nor                                                                                have considered certain alternative
                                           collects information on whether cable                   considered small.
                                                                                                                                                          means of mitigating the effects of fee
                                           system operators are affiliated with                    D. Description of Projected Reporting,                 increases to a particular industry
                                           entities whose gross annual revenues                    Recordkeeping and Other Compliance                     segment. For example, beginning in FY
                                                                                                   Requirements                                           2015 the Commission has increased the
                                             54 47 CFR 76.901(e).
                                             55 August
                                                                                                                                                          de minimis threshold from under $10 to
                                                        15, 2015 Report from the Media Bureau        23. This Report and Order does not
                                           based on data contained in the Commission’s Cable                                                              $500 (the total of all regulatory fees),
                                           Operations And Licensing System (COALS). See
                                                                                                   adopt any new reporting, recordkeeping,                which will impact many small entities
                                           www/fcc.gov/coals.                                      or other compliance requirements.                      that pay regulatory fees for ITSP, paging,
                                             56 See SNL KAGAN at Https://
                                                                                                                                                          cellular, cable, and Low Power
                                           snl.cominteractiveX top cable MSOs
                                           aspx?period2015Q1&sortcol=subscribersbasic&                64 The Commission does receive such information
                                                                                                                                                          Television/FM Translators. Historically,
                                           sortorder=desc.                                         on a case-by-case basis if a cable operator appeals    many of these small entities have been
                                             57 47 CFR 76.901(c).
                                                                                                   a local franchise authority’s finding that the         late in making their fee payments to the
                                             58 See footnote 2, supra.
                                                                                                   operator does not qualify as a small cable operator    Commission by the due date. This
                                             59 August 5, 2015 report from the Media Bureau

                                           based on its research in COALS. See www.fcc.gov/
                                                                                                   pursuant to 76.901(f) of the Commission’s rules. See   increase in the de minimis threshold to
                                                                                                   47 CFR 76.901(f).                                      $500 will relieve regulatees both
                                           coals.
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                                                                                                      65 http://www.census.gov/cgi-bin/ssssd/naics/
                                             60 47 CFR 901 (f) and notes ff. 1, 2, and 3.                                                                 financially and administratively.
                                                                                                   naicsrch.
                                             61 See SNL KAGAN at htpps://www.snl.com/
                                                                                                      66 13 CFR 121.201; NAICS Code 517919.
                                                                                                                                                          Finally, regulatees may also seek
                                           interactivex/                                                                                                  waivers or other relief on the basis of
                                           MultichannelIndustryBenchmarks.aspx.                       67 http://factfinder.census.gov/faces/

                                             62 47.901(f) and notes ff. 1, 2, and 3.               tableservices/jsf/pages/                               financial hardship. See 47 CFR 1.1166.
                                             63 See SNL KAGAN at www.snl.com/Interactivex/         productview.xhtml?pid=ECN_2007_US_51SSSZ5&
                                           TopCable MSOs.aspx.                                     prodType=table.                                         68 5   U.S.C. 603(c)(1) through(c)(4).



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                                           66816             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           F. Federal Rules That May Duplicate,                    unless the credit card section of FCC                 § 1.1158   Form of payment for regulatory
                                           Overlap, or Conflict                                    Form 159 is completed in full. The                    fees.
                                             27. None.                                             Commission discourages applicants                        Any annual and multiple year
                                                                                                   from submitting cash and will not be                  regulatory fee payment must be
                                           III. Ordering Clauses                                   responsible for cash sent through the                 submitted by online Automatic Clearing
                                              28. Accordingly, IT IS ORDERED that,                 mail. Personal or corporate checks dated              House (ACH) payment, online Visa,
                                           pursuant to sections 4(i) and (j), 9, and               more than six months prior to their                   MasterCard, American Express, or
                                           303(r) of the Communications Act of                     submission to the Commission’s                        Discover credit card payment, or wire
                                           1934, as amended, 47 U.S.C. 154(i),                     lockbox bank and postdated checks will                transfer payment denominated in U.S.
                                           154(j), 159, and 303(r), this Order IS                  not be accepted and will be returned as               dollars and drawn on a United States
                                           HEREBY ADOPTED.                                         deficient. Third party checks (i.e.,                  financial institution and made payable
                                              29. IT IS FURTHER ORDERED that                       checks with a third party as maker or                 to the Federal Communications
                                           this Order SHALL BE EFFECTIVE                           endorser) will not be accepted.                       Commission. No other credit card is
                                           November 30, 2015.                                         (1) Although payments (other than                  acceptable. Any other form of payment
                                              30. IT IS FURTHER ORDERED that                       annual and multiple year regulatory fee               for annual and multiple year regulatory
                                           the Commission’s Consumer &                             payments) may be submitted in the form                fees (e.g., paper checks, cash) will be
                                           Governmental Affairs Bureau, Reference                  of a check, cashier’s check, or money                 rejected and sent back to the payor. The
                                           Information Center, SHALL SEND a                        order, payors of these fees are                       Commission will not be responsible for
                                           copy of this Order, including the Final                 encouraged to submit these payments                   cash, under any circumstances, sent
                                           Regulatory Flexibility Analysis, to the                 electronically under the procedures                   through the mail.
                                           Chief Counsel for Advocacy of the U.S.                  described in paragraph (e) of this                       (a) Payors making wire transfer
                                           Small Business Administration.                          section.                                              payments must submit an
                                                                                                      (2) Specific procedures for electronic             accompanying FCC Form 159–E via
                                           List of Subjects in 47 CFR Part 1                       payments are announced in Bureau/                     facsimile.
                                             Administrative practice and                           Office fee filing guides.                             *      *     *    *     *
                                           procedure.                                                 (3) It is the responsibility of the payer          ■ 4. Section 1.1161 is amended by
                                           Federal Communications Commission.
                                                                                                   to insure that any electronic payment is              revising paragraph (a) to read as follows:
                                                                                                   made in the manner required by the
                                           Marlene H. Dortch,                                                                                            § 1.1161 Conditional license grants and
                                                                                                   Commission. Failure to comply with the
                                           Secretary.                                                                                                    delegated authorizations.
                                                                                                   Commission’s procedures will result in
                                           Rule Changes                                            the return of the application or other                   (a) Grant of any application or an
                                                                                                   filing.                                               instrument of authorization or other
                                             For the reasons discussed in the                         (4) To insure proper credit, applicants            filing for which an annual or multiple
                                           preamble, the Federal Communications                    making wire transfer payments must                    year regulatory fee is required to
                                           Commission amends 47 CFR part 1 as                      follow the instructions set out in the                accompany the application or filing will
                                           follows:                                                appropriate Bureau Office fee filing                  be conditioned upon final payment of
                                                                                                   guide.                                                the current or delinquent regulatory
                                           PART 1—PRACTICE AND                                                                                           fees. Current annual and multiple year
                                           PROCEDURE                                                  (b) Applicants are required to submit
                                                                                                   one payment instrument (check,                        regulatory fees must be paid
                                           ■ 1. The authority citation for part 1                  cashier’s check, or money order) and                  electronically as described in
                                           continues to read as follows:                           FCC Form 159 with each application or                 § 1.1112(e). For all other fees, (e.g.,
                                                                                                   filing; multiple payment instruments for              application fees, delinquent regulatory
                                             Authority: 15 U.S.C. 79, et seq.; 47 U.S.C.                                                                 fees) final payment shall mean receipt
                                           151, 154(i), 154(j), 155, 157, 160, 201, 225,           a single application or filing are not
                                                                                                   permitted. A separate Fee Form (FCC                   by the U.S. Treasury of funds cleared by
                                           227, 303, 309, 332, 1403, 1404, 1451, 1452,
                                           and 1455.                                               Form 159) will not be required once the               the financial institution on which the
                                                                                                   information requirements of that form                 check, cashier’s check, or money order
                                           ■ 2. Section 1.1112 is amended by                       (the Fee Code, fee amount, and total fee              is drawn. Electronic payments are
                                           revising paragraphs (a) and (b),                        remitted) are incorporated into the                   considered timely when a wire transfer
                                           redesignating paragraphs (e) and (f) as                 underlying application form.                          was received by the Commission’s bank
                                           paragraphs (f) and (g), and by adding                                                                         no later than 6:00 p.m. on the due date;
                                                                                                   *      *      *     *    *
                                           new paragraph (e) to read as follows:                      (e) Annual and multiple year                       confirmation to pay.gov that a credit
                                                                                                   regulatory fee payments shall be                      card payment was successful no later
                                           § 1.1112   Form of payment.
                                                                                                   submitted by online ACH payment,                      than 11:59 p.m. (EST) on the due date;
                                              (a) Annual and multiple year                                                                               or confirmation an ACH was credited no
                                           regulatory fees must be paid                            online Visa, MasterCard, American
                                                                                                   Express, or Discover credit card                      later than 11:59 p.m. (EST) on the due
                                           electronically as described in paragraph                                                                      date.
                                           (e) of this section. Fee payments, other                payment, or wire transfer payment
                                                                                                   denominated in U.S. dollars and drawn                 *      *    *     *     *
                                           than annual and multiple year                                                                                 ■ 5. Section 1.1164 is amended by
                                           regulatory fee payments, should be in                   on a United States financial institution
                                                                                                   and made payable to the Federal                       revising the introductory text to read as
                                           the form of a check, cashier’s check, or                                                                      follows:
                                           money order denominated in U.S.                         Communications Commission. No other
                                           dollars and drawn on a United States                    credit card is acceptable. Any other                  § 1.1164 Penalties for late or insufficient
                                           financial institution and made payable                  form of payment for regulatory fees (e.g.,            regulatory fee payments.
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                                           to the Federal Communications                           paper checks) will be rejected and sent                  Electronic payments are considered
                                           Commission or by a Visa, MasterCard,                    back to the payor.                                    timely when a wire transfer was
                                           American Express, or Discover credit                    *      *      *     *    *                            received by the Commission’s bank no
                                           card. No other credit card is acceptable.               ■ 3. Section 1.1158 is amended by                     later than 6:00 p.m. on the due date;
                                           Fees for applications and other filings                 revising the introductory text and                    confirmation to pay.gov that a credit
                                           paid by credit card will not be accepted                paragraph (a) to read as follows:                     card payment was successful no later


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                        66817

                                           than 11:59 p.m. (EST) on the due date;                  an immediate safety risk. This interim                document (or signing the document, if
                                           or confirmation an ACH was credited no                  final rule does not impact the existing               submitted on behalf of an association,
                                           later than 11:59 p.m. (EST) on the due                  rules on the transport of lithium                     business, labor union, etc.), as described
                                           date. In instances where a non-annual                   batteries or other portable electronic                in the system of records notice (DOT/
                                           regulatory payment (i.e., delinquent                    devices that are transported for personal             ALL–14 FDMS), which can be reviewed
                                           payment) is made by check, cashier’s                    use in a passenger’s checked or carry-on              at www.dot.gov/privacy.
                                           check, or money order, a timely fee                     baggage.                                                 Docket: You may view the public
                                           payment or installment payment is one                      Because the actions taken in this                  docket through the Internet at http://
                                           received at the Commission’s lockbox                    interim final rule address a public safety            www.regulations.gov or in person at the
                                           bank by the due date specified by the                   risk, PHMSA finds that good cause                     Docket Operations office at the above
                                           Commission or by the Managing                           exists to amend the regulations without               address (See ADDRESSES).
                                           Director. Where a non-annual regulatory                 advance notice and opportunity for                    FOR FURTHER INFORMATION CONTACT:
                                           fee payment is made by check, cashier’s                 public comment. For the reasons                       Kevin A. Leary, Standards and
                                           check, or money order, a timely fee                     described below, public notice is                     Rulemaking Division, Pipeline and
                                           payment or installment payment is one                   impracticable, unnecessary, and                       Hazardous Materials Safety
                                           received at the Commission’s lockbox                    contrary to the public interest. PHMSA                Administration, telephone (202) 366–
                                           bank by the due date specified by the                   encourages persons to participate in this             8553.
                                           Commission or the Managing Director.                    rulemaking by submitting comments
                                                                                                                                                         SUPPLEMENTARY INFORMATION:
                                           Any late payment or insufficient                        containing relevant information, data, or
                                           payment of a regulatory fee, not excused                views. We will consider all comments                  I. Background
                                           by bank error, shall subject the regulatee              received on or before the closing date                   A battery-powered portable electronic
                                           to a 25 percent penalty of the amount                   for comments. We will consider late                   smoking device (e-cigarette), also called
                                           of the fee of installment payment which                 filed comments to the extent                          an e-cig, a personal vaporizer or
                                           was not paid in a timely manner.                        practicable. This interim final rule may              electronic nicotine delivery system, is a
                                           *      *    *     *    *                                be amended based on comments                          battery-powered device that simulates
                                           [FR Doc. 2015–27630 Filed 10–29–15; 8:45 am]            received.                                             tobacco smoking. E-cigarettes contain a
                                           BILLING CODE 6712–01–P                                  DATES:  Effective Date: The effective date            liquid, an atomizer or heating element,
                                                                                                   of these amendments is November 6,                    and a battery. When an e-cigarette is
                                                                                                   2015.                                                 operated by a user, the heating element
                                           DEPARTMENT OF TRANSPORTATION                               Comments: Comments must be                         vaporizes the liquid. Many e-cigarettes
                                                                                                   received by November 30, 2015.                        are designed to look like traditional
                                           Pipeline and Hazardous Materials                        ADDRESSES: You may submit comments                    cigarettes, but they are also made to look
                                           Safety Administration                                   by any of the following methods:                      like cigars, pipes, and even everyday
                                                                                                      1. Federal Rulemaking Portal: http://              products such as pens. The use of e-
                                           49 CFR Part 175                                         www.regulations.gov. Follow the on-line               cigarettes has been rising substantially
                                           [Docket No. PHMSA–2015–0165]                            instructions for submitting comments.                 and e-cigarettes have increasingly
                                                                                                      2. Fax: 1–202–493–2251.                            become a common item in passenger
                                           RIN 2137–AF12                                              3. Mail: Docket Management System;                 baggage. Airline passengers and
                                                                                                   U.S. Department of Transportation,                    crewmembers are currently permitted to
                                           Hazardous Materials: Carriage of
                                                                                                   Dockets Operations, M–30, Ground                      carry these devices under the provisions
                                           Battery-Powered Electronic Smoking
                                                                                                   Floor, Room W12–140, 1200 New Jersey                  for portable electronic devices
                                           Devices in Passenger Baggage
                                                                                                   Avenue SE., Washington, DC 20590–                     contained in 49 CFR 175.10(a)(18).
                                           AGENCY:  Pipeline and Hazardous                         0001.                                                 However, the provisions for portable
                                           Materials Safety Administration                            4. Hand Delivery: To U.S. Department               electronic devices do not adequately
                                           (PHMSA), DOT.                                           of Transportation, Dockets Operations,                address the safety risks posed by e-
                                           ACTION: Interim final rule.                             M–30, Ground Floor, Room W12–140,                     cigarettes, which include a heating
                                                                                                   1200 New Jersey Avenue SE.,                           element as a function of their design.
                                           SUMMARY:    PHMSA is issuing an interim                 Washington, DC 20590–0001 between 9                      Recent fire incidents involving e-
                                           final rule to prohibit passengers and                   a.m. and 5 p.m. Monday through Friday,                cigarettes in checked baggage, along
                                           crewmembers from carrying battery-                      except Federal holidays.                              with actions taken by the Federal
                                           powered portable electronic smoking                        Instructions: Include the agency name              Aviation Administration (FAA) and
                                           devices (e.g., e-cigarettes, e-cigs, e-                 and docket number PHMSA–2015–0165                     ICAO, highlight the need for PHMSA to
                                           cigars, e-pipes, e-hookahs, personal                    or RIN 2137–AF12 for this rulemaking                  take prompt action to address this issue.
                                           vaporizers, electronic nicotine delivery                at the beginning of your comment. Note                   On August 9, 2014, at Boston’s Logan
                                           systems) in checked baggage and                         that all comments received will be                    Airport, an e-cigarette contained in a
                                           prohibit passengers and crewmembers                     posted without change to http://                      passenger’s checked bag in the cargo
                                           from charging the devices and/or                        www.regulations.gov including any                     hold of a passenger aircraft caused a fire
                                           batteries on board the aircraft. These                  personal information provided. If sent                that forced an evacuation of the aircraft.
                                           devices may continue to be carried in                   by mail, comments must be submitted                   An airline ramp agent noticed smoke
                                           carry-on baggage. This action is                        in duplicate. Persons wishing to receive              coming from the bag. The bag was
                                           consistent with a similar action taken by               confirmation of receipt of their                      removed from the aircraft cargo
                                           the International Civil Aviation                        comments must include a self-addressed                compartment and investigators
Lhorne on DSK5TPTVN1PROD with RULES




                                           Organization (ICAO) that incorporated                   stamped postcard.                                     determined the source of the fire was an
                                           this restriction into the 2015–2016                        Privacy Act: Anyone is able to search              e-cigarette, which continued to burn
                                           Edition of the ICAO Technical                           the electronic form of any written                    after it was removed from the bag. Air
                                           Instructions for the Safe Transport of                  communications and comments                           carrier personnel extinguished the fire.
                                           Dangerous Goods by Air by way of an                     received into any of our dockets by the               Massport Fire responded and ensured
                                           addendum and is necessary to address                    name of the individual submitting the                 the fire was no longer burning. The fire


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Document Created: 2015-12-14 15:29:51
Document Modified: 2015-12-14 15:29:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective November 30, 2015.
ContactRoland Helvajian, Office of Managing Director at (202) 418-0444.
FR Citation80 FR 66811 

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