81 FR 37121 - Rural Broadband Access Loans and Loan Guarantees
DEPARTMENT OF AGRICULTURE
Rural Utilities Service Federal Register Volume 81, Issue 111 (June 9, 2016)
Rural Utilities Service
Federal Register Volume 81, Issue 111 (June 9, 2016)
| Page Range | 37121-37122 | |
| FR Document | 2016-13302 |
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)] [Rules and Regulations] [Pages 37121-37122] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13302] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations [[Page 37121]] DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1738 RIN 0572-AC06 Rural Broadband Access Loans and Loan Guarantees AGENCY: Rural Utilities Service, USDA. ACTION: Final rule; confirmation. ----------------------------------------------------------------------- SUMMARY: The Rural Utilities Service (RUS), hereinafter referred to as the Agency, is confirming the interim final rule published in the Federal Register on July 30, 2015, which amends its regulation for the Rural Broadband Access Loan and Loan Guarantee Program (Broadband Loan Program). DATES: Effective June 9, 2016. FOR FURTHER INFORMATION CONTACT: Keith Adams, Assistant Administrator, Telecommunications Program, Rural Utilities Program, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 1590, Room 5151-S, Washington, DC 20250-1590. Telephone number: (202) 720-9554, Facsimile: (202) 720-0810. SUPPLEMENTARY INFORMATION: Since the inception of the Broadband Loan Program, the Agency has faced, and continues to face, significant challenges in delivering the program due to the following factors: (1) The significant number of applicants proposing to offer broadband service that are start-ups with limited resources; (2) the continual evolution of telecommunications technology; and (3) the associated higher costs of serving rural communities. With the enactment of the Agricultural Act of 2014 (the 2014 Farm Bill), the Broadband Loan Program has been significantly modified, and was suspended while the Agency revised this regulation. Given that the program was unable to operate during the revision, the Agency published an interim rule on July 30, 2015 in the Federal Register (80 FR 45397) so that the program could immediately reopen. The Agency invited comments to guide its efforts in drafting the new procedures implementing the 2014 Farm Bill and received comments from the National Cable & Telecommunications Association, WTA-Advocates for Rural Broadband and Mr. James Cook. These comments and the Agency's responses are summarized as follows: Broadband Service and Broadband Lending Speed Definitions Comment: Respondents commented that the definitions for Broadband Service, which sets the eligibility standard for an area, and Broadband Lending Speed, which sets the construction standard, are too low and should be raised to higher standards to be more in line with the current Federal Communications Commission (FCC) definition for broadband of 25 megabits downstream and 3 megabits upstream. Response: As the respondents noted in their comments, the regulation establishes a process to change these definitions by publishing new requirements when a NOSA/NOFA is published opening up an application window. The Agency agrees that higher definitions would be beneficial to rural residents. However, when these definitions are set, it is not only the bandwidth requirement for rural areas that is considered but also the amount of funding that is available for any given application window. If a higher definition for bandwidth is used, more of the country then becomes eligible for funding. When limited funding is available, the Agency has to ensure that those funds are directed to the most unserved rural areas. The Agency will re-evaluate these requirements every time a NOSA/NOFA is published and set the standards accordingly. Overbuilding Comment: Respondents commented that the RUS investment should go into unserved areas and that the Agency count all terrestrial providers in the proposed service territory when determining area eligibility. Response: RUS agrees that unserved areas should be the target of the program. To ensure that all terrestrial broadband providers are counted in an area where an application is being considered, RUS has developed a multi-layer approach to locate them. First, when an application is submitted, the proposed service territory maps will be posted online utilizing the RUS Mapping Tool and existing service providers may respond to the public notice. If three or more existing providers are identified in the area and they meet the minimum eligibility speeds, then that area is considered ineligible for funding. If no providers respond to the public notice, then the Agency will have its field staff visit the proposed service area and locate all broadband providers in the area. The field staff will contact these providers and request that they respond to the public notice. Area Eligibility Comment: One respondent suggested that instead of three incumbents making a service area ineligible for funding, that the requirement be changed to two incumbents. The respondent also suggested that the definition of broadband service be raised to the current FCC definition for broadband of 25 megabits downstream and three megabits upstream. Response: Although there is merit in using a higher bandwidth definition to determine area eligibility, the requirement that three incumbents in an area make that area ineligible is a statutory requirement and cannot be changed. The regulation does allow for the eligibility definition to be changed and the Agency will consider higher speeds whenever a NOSA/NOFA is published. As stated previously, the Agency must also recognize the amount of funding that is available each time an application window is opened and will set the eligibility definition accordingly. Affordable Rates Comment: One commenter reiterated that broadband service in rural areas needs to be affordable. Response: Applicants must complete a market survey and a competitive analysis of all providers in the proposed service area as part of the application. This ensures that price points are set at the proper level for the area in question and that the operation is sustainable. There is a balance between providing high quality broadband service and charging the appropriate rate. It must be recognized that in less dense population [[Page 37122]] areas, it may be necessary to charge a higher rate to ensure the viability of the operation. Affiliated Companies Comment: One commenter proposed that affiliate or affiliated companies providing broadband service in the same proposed funded service area should be recognized as one incumbent service provider when considering if an area is eligible for funding. Response: Each company that is providing broadband service in an area and meets the definition of an incumbent service provider will be counted as an incumbent service provider in determining the eligibility of an area. RUS cannot treat legally established companies properly acting as independent companies as the same entity. Broadband Usage Restrictions Comment: One commenter recommended that if a company has capped the amount of bandwidth that is allowed for a given period, that additional standards should be established in determining if this provider would be counted as an incumbent service provider when determining service eligibility. Response: The Agency appreciates this suggestion and will consider it during the next revision to the regulation. The main goal of the program is to provide funding to areas that do not have any broadband service. Most companies that cap bandwidth have options where a consumer can buy more bandwidth at an additional cost. Wireless Broadband Service Comment: One commenter recommended that wireless solutions for broadband service should be validated during busy hour/busy time when determining if the wireless provider meets the definition for an incumbent service provide when determining area eligibility. Response: There are many levels of providing broadband service and a number of ways for determining this. The Agency has elected to use advertised broadband rates that are being sold and to validate that this level of service is being provided in an area. We will consider implementing additional tests the next time the regulation is revised. If tests of this nature are implemented for wireless service providers then corresponding tests will have to be implemented for wireline service providers. The Agency appreciates the interest of the commenters and thanks them for their comment submissions. The Rural Utilities Service did not receive any significant adverse comments during the public comment period on the interim rule, and therefore confirms the rule without change. PART 1738--RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES Accordingly, the interim rule amending 7 CFR part 1738 which was published at 80 FR 45397 on July 30, 2015, is adopted as a final rule without change. Dated: May 26, 2016. Brandon McBride, Administrator, Rural Utilities Service. [FR Doc. 2016-13302 Filed 6-8-16; 8:45 am] BILLING CODE P
![37122 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations
areas, it may be necessary to charge a The Rural Utilities Service did not 4233; or in person at the Docket
higher rate to ensure the viability of the receive any significant adverse Management Facility, U.S. Department
operation. comments during the public comment of Transportation, Docket Operations,
period on the interim rule, and therefore M–30, West Building Ground Floor,
Affiliated Companies
confirms the rule without change. Room W12–140, 1200 New Jersey
Comment: One commenter proposed Avenue SE., Washington, DC 20590.
that affiliate or affiliated companies PART 1738—RURAL BROADBAND For service information identified in
providing broadband service in the ACCESS LOANS AND LOAN this AD, contact BLANIK LIMITED, 2nd
same proposed funded service area GUARANTEES Floor Beaux Lane House, Mercer Street
should be recognized as one incumbent Lower, Dublin 2, Republic of Ireland;
Accordingly, the interim rule
service provider when considering if an phone: +420 733 662 194; email: info@
amending 7 CFR part 1738 which was
area is eligible for funding. blanik.aero; Internet: http://
Response: Each company that is published at 80 FR 45397 on July 30,
2015, is adopted as a final rule without www.blanik.aero/
providing broadband service in an area %EF%BB%BFcustomer_support. You
and meets the definition of an change.
may view this referenced service
incumbent service provider will be Dated: May 26, 2016. information at the FAA, Small Airplane
counted as an incumbent service Brandon McBride, Directorate, 901 Locust, Kansas City,
provider in determining the eligibility of Administrator, Rural Utilities Service. Missouri 64106. For information on the
an area. RUS cannot treat legally [FR Doc. 2016–13302 Filed 6–8–16; 8:45 am] availability of this material at the FAA,
established companies properly acting BILLING CODE P call (816) 329–4148. It is also available
as independent companies as the same on the Internet at http://
entity. www.regulations.gov by searching for
Broadband Usage Restrictions DEPARTMENT OF TRANSPORTATION Docket No. FAA–2016–4233.
FOR FURTHER INFORMATION CONTACT: Jim
Comment: One commenter Federal Aviation Administration Rutherford, Aerospace Engineer, 901
recommended that if a company has
Locust, Room 301, Kansas City,
capped the amount of bandwidth that is 14 CFR Part 39 Missouri 64106; telephone: (816) 329–
allowed for a given period, that
[Docket No. FAA–2016–4233; Directorate 4165; fax: (816) 329–4090; email:
additional standards should be
Identifier 2016–CE–003–AD; Amendment jim.rutherford@faa.gov.
established in determining if this
provider would be counted as an 39–18540; AD 2016–11–13] SUPPLEMENTARY INFORMATION:
incumbent service provider when RIN 2120–AA64 Discussion
determining service eligibility.
Response: The Agency appreciates Airworthiness Directives; BLANIK We issued a notice of proposed
this suggestion and will consider it LIMITED Gliders rulemaking (NPRM) to amend 14 CFR
during the next revision to the part 39 by adding an AD that would
AGENCY: Federal Aviation apply to BLANIK LIMITED Models L–13
regulation. The main goal of the Administration (FAA), Department of
program is to provide funding to areas Blanik and L–13 AC Blanik gliders. That
Transportation (DOT). NPRM was published in the Federal
that do not have any broadband service.
Most companies that cap bandwidth ACTION: Final rule. Register on March 4, 2016 (81 FR
have options where a consumer can buy 11473), and proposed to supersede AD
SUMMARY: We are superseding 99–19–33, Amendment 39–11320 (64
more bandwidth at an additional cost. airworthiness directive (AD) 99–19–33 FR 50440; September 17, 1999) (‘‘AD
Wireless Broadband Service for BLANIK LIMITED Models L–13 99–19–33’’).
Blanik and L–13 AC Blanik gliders (type The NPRM proposed to correct an
Comment: One commenter certificate previously held by LET
recommended that wireless solutions unsafe condition for the specified
Aeronautical Works). This AD results products and was based on mandatory
for broadband service should be from mandatory continuing
validated during busy hour/busy time continuing airworthiness information
airworthiness information (MCAI) (MCAI) originated by an aviation
when determining if the wireless issued by an aviation authority of
provider meets the definition for an authority of another country. The MCAI
another country to identify and correct states that:
incumbent service provide when an unsafe condition on an aviation
determining area eligibility. product. The MCAI describes the unsafe
Colour marking of elevator drive is not
Response: There are many levels of inspected or re-painted during sailplane
condition as lack of distinct color operation. The elevator drive is asymmetrical
providing broadband service and a
marking of the elevator drive. We are and improper installation causes significant
number of ways for determining this.
issuing this AD to require actions to elevator deflection changes.
The Agency has elected to use
address the unsafe condition on these
advertised broadband rates that are The MCAI can be found in the AD
products.
being sold and to validate that this level docket on the Internet at: https://
of service is being provided in an area. DATES: This AD is effective July 14, www.regulations.gov/
We will consider implementing 2016. #!documentDetail;D=FAA-2016-4233-
additional tests the next time the The Director of the Federal Register 0003.
regulation is revised. If tests of this approved the incorporation by reference A review of records since issuance of
of a certain other publication listed in AD 99–19–33 revealed that the FAA
rmajette on DSK2TPTVN1PROD with RULES
nature are implemented for wireless
service providers then corresponding this AD as of November 8, 1999 (64 FR inadvertently did not address this MCAI
tests will have to be implemented for 50440, September 17, 1999). for the EVEKTOR, spol. s.r.o. Models L
wireline service providers. ADDRESSES: You may examine the AD 13 SEH VIVAT and L 13 SDM VIVAT
The Agency appreciates the interest of docket on the Internet at http:// gliders and the BLANIK LIMITED
the commenters and thanks them for www.regulations.gov by searching for Model L–13 AC Blanik gliders. This AD
their comment submissions. and locating Docket No. FAA–2016– would supersede AD 99–19–13 to add
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Document Created: 2018-02-08 07:33:38
Document Modified: 2018-02-08 07:33:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; confirmation. | |
| Dates | Effective June 9, 2016. | |
| Contact | Keith Adams, Assistant Administrator, Telecommunications Program, Rural Utilities Program, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 1590, Room 5151-S, Washington, DC 20250-1590. Telephone number: (202) 720-9554, Facsimile: (202) 720-0810. | |
| FR Citation | 81 FR 37121 | |
| RIN Number | 0572-AC06 |
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