81_FR_69967 81 FR 69772 - Connect America Fund, Connect America Fund-Alaska Plan; Universal Service Reform-Mobility Fund

81 FR 69772 - Connect America Fund, Connect America Fund-Alaska Plan; Universal Service Reform-Mobility Fund

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69772-69774
FR Document2016-23917

In this document, the Federal Communications Commission (Commission) seeks comment on various specific issues involved in implementing a process of eliminating the provision of high-cost support to more than one competitive Eligible Telecommunications Carrier (ETC) in the same geographic area. The Commission specifically seeks comment on how best to eliminate duplicative funding consistent with our universal service goals, should the evaluation of Form 477 data reveal areas where more than one carrier is receiving support for the provision of 4G LTE service. The Commission also seeks comment on how to address a carrier's performance obligations and support payments to the extent it loses funding eligibility as a consequence of the elimination of duplicative support.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69772-69774]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23917]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 10-90, 16-271; WT Docket No. 10-208; FCC 16-115]


Connect America Fund, Connect America Fund--Alaska Plan; 
Universal Service Reform--Mobility Fund

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on various specific issues involved in 
implementing a process of eliminating the provision of high-cost 
support to more than one competitive Eligible Telecommunications 
Carrier (ETC) in the same geographic area. The Commission specifically 
seeks comment on how best to eliminate duplicative funding consistent 
with our universal service goals, should the evaluation of Form 477 
data reveal areas where more than one carrier is receiving support for 
the provision of 4G LTE service. The Commission also seeks comment on 
how to address a carrier's performance obligations and support payments 
to the extent it loses funding eligibility as a consequence of the 
elimination of duplicative support.

DATES: Comments are due on or before December 6, 2016 and reply 
comments are due on or before January 5, 2017. If you anticipate that 
you will be submitting comments, but find it difficult to do so within 
the period of time allowed by this document, you should advise the 
contact listed below as soon as possible.

ADDRESSES: You may submit comments, identified by WC Docket No. 10-90, 
WC Docket No. 16-271 and WT Docket No. 16-208, by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/ Electronic Filers: Comments may be filed 
electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. Because more than one docket 
number appears in the caption of this proceeding, filers must submit 
two additional copies for each additional docket number.
     Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    [cir] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.

FOR FURTHER INFORMATION CONTACT: Alexander Minard, Wireline Competition 
Bureau, (202) 418-7400 or TTY: (202) 418-0484, Matthew Warner of the 
Wireless Telecommunications Bureau, (202) 418-2419, or Audra Hale-
Maddox of the Wireless Telecommunications Bureau, (202) 418-0794.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM) in WC Docket Nos. 10-90, 
16-271 and WT Docket No. 16-208; FCC 16-115, adopted on August 23, 2016 
and released on August 31, 2016. The full text of this document is 
available for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 12th St. SW., Washington, DC 
20554 or at the following Internet address: https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-115A1.docx.
    The Report and Order that was adopted concurrently with the FNPRM 
is published elsewhere in this issue of the Federal Register.

I. Introduction

    1. In the concurrently adopted Report and Order, the Commission 
adopts an integrated plan to address both fixed and mobile voice and 
broadband service in high-cost areas of the state of Alaska,

[[Page 69773]]

building on a proposal submitted by the Alaska Telephone Association. 
In February 2015, the Alaska Telephone Association (ATA) proposed a 
consensus plan designed to maintain, extend, and upgrade broadband 
service across all areas of Alaska served by rate-of-return carriers 
and their wireless affiliates. Given the unique climate and geographic 
conditions of Alaska, the Commission finds that it is in the public 
interest to provide Alaskan carriers with the option of receiving fixed 
amounts of support over the next ten years to deploy and maintain their 
fixed and mobile networks. If each of the Alaska carriers elects this 
option, the Commission expects this plan to bring broadband to as many 
as 111,302 fixed locations and 133,788 mobile consumers at the end of 
this 10-year term.

II. Further Notice of Proposed Rulemaking

    2. The Commission's policy has been to eliminate the provision of 
high-cost support to more than one competitive ETC in the same 
geographic area. Although there currently is no duplicative support for 
4G LTE service in remote Alaska, the Commission has established a 
process in the Report and Order to identify the existence of any such 
overlap mid-way through the 10-year term, and to take steps to 
eliminate duplicative support levels in the second half of the 10-year 
term of the Plan. This FNPRM seeks comment on various specific issues 
involved in implementing that process.
    3. In the concurrently adopted Report and Order, the Commission 
adopts, for purposes of identifying where duplicative support is 
occurring, a definition that includes those areas where there is 
subsidized 4G LTE service provided by more than one carrier. The 
Commission will identify such areas and evaluate the extent of overlap, 
if any, based on the Form 477 data filed by the carriers in March, 
2021, which will represent deployment as of December 31, 2020.
    4. The Commission seeks comment on how best to eliminate 
duplicative funding consistent with our universal service goals, should 
the evaluation of that Form 477 data reveal areas where more than one 
carrier is receiving support for the provision of 4G LTE service. How 
should the Commission identify the relevant amount of support to 
attribute to any overlap area? Once the amount of support is 
identified, what mechanism should the Commission apply to eliminate the 
duplicative funding? For example, should the Commission eliminate 
support to all carriers receiving duplicative support in any given 
area? To the extent the Commission continues to provide support to one 
provider in any such area, how should the amount of support, and the 
recipient of that support, be determined? For example, should the 
Commission award support by auction in areas receiving duplicative 
support? Alternatively, should it award support to whichever provider 
serves the larger service area? If so, how should the relevant service 
area be defined? Should the Commission adopt an approach that would 
award support for any overlap area to the carrier that builds out 4G 
LTE in an area first? Are there other mechanisms the Commission could 
use to eliminate any identified overlap in 4G LTE supported service? If 
any of these or other proposals would result in an area being served by 
one subsidized provider and one unsubsidized provider, how should the 
Commission address that, consistent with our general policy of not 
providing funding where there is an unsubsidized provider?
    5. Given the distinct needs and unique nature of Alaska, and the 
extent to which it lags much of the rest of the Nation in 4G LTE 
deployment, the Commission proposes that any funds no longer provided 
as a result of the elimination of duplicative support be used to 
support other mobile services in high-cost areas of Alaska. The 
Commission seeks comment on this proposal and, more specifically, on 
how any affected funds should best be used.
    6. The Commission also seeks comment on how to address a carrier's 
performance obligations and support payments to the extent it loses 
funding eligibility as a consequence of the elimination of duplicative 
support. In such instances, the Commission proposes that a carrier 
amend its performance plan and that it should neither be required nor 
permitted to include the population in the relevant overlap area in 
order to meet its performance commitments. The Commission also seeks 
comment on whether, for carriers losing support, they should provide a 
phase down of support for such carriers, such as over two or three 
years.
    7. As discussed above, the Commission will not evaluate whether 
there is any duplicative support or make adjustments to support 
payments until year five of the Alaska Plan. Given the important role 
of high-cost support in bringing mobile broadband service to remote 
Alaska, however, the Commission thinks that it is critical to engage in 
this process now in order to ensure a smooth transition should any 
modifications to the Plan be necessary to address duplicative support. 
Commenters are invited to address the proposals set forth above. In 
addition, are there other issues or alternatives that the Commission 
should consider in defining or eliminating duplicative competitive ETC 
support in Alaska?

III. Procedural Matters

    8. The FNPRM contains proposed new information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and OMB to comment 
on the proposed information collection requirements contained in this 
document, as required by the PRA. In addition, pursuant to the Small 
Business Paperwork Relief Act, the Commission seeks specific comment on 
how they might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.
    9. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this Further Notice of Proposed 
Rulemaking (FNPRM). Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the FNPRM provided on the first page 
of this document. The Commission will send a copy of the FNPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA). In addition, the FNPRM and IRFA (or 
summaries thereof) will be published in the Federal Register.
    10. The FNPRM is needed to ensure fiscal responsibility and 
maximize limited support for the support going to ensure universal 
service in remote areas of Alaska. The FNPRM seeks comment about 
duplicative support under the Alaska Plan and how such support should 
be addressed. The FNPRM proposes that duplicative areas be defined as 
those areas where there is subsidized 4G LTE service provided by more 
than one carrier in a service area and proposes that this would be 
determined by using March 2021 Form 477 data. The FNPRM seeks comment 
on options for addressing this issue during the course of the 10-year 
support period under the Alaska Plan and seeks comment on eliminating 
duplicative support in years six through ten of the Alaska Plan, as 
adopted (e.g., from

[[Page 69774]]

January 1, 2022 through December 31, 2026).
    11. The legal basis for any action that may be taken pursuant to 
the FNPRM is contained in sections 1, 2, 4(i), 5, 201-206, 214, 218-
220, 251, 252, 254, 256, 303(r), 332, 403, and 405 of the 
Communications Act of 1934, as amended, and section 706 of the 
Telecommunications Act of 1996, 47 U.S.C. 151, 152, 154(i), 155, 201-
206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, and 1302.
    12. 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, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small-business concern'' under the Small Business 
Act. A small-business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA.
    13. Total Small Entities. Our proposed action, if implemented, may, 
over time, affect small entities that are not easily categorized at 
present. The Commission therefore describes here, at the outset, three 
comprehensive, statutory small entity size standards. First, 
nationwide, there are a total of approximately 28.2 million small 
businesses, according to the SBA, which represents 99.7% of all 
businesses in the United States. In addition, a ``small organization'' 
is generally ``any not-for-profit enterprise which is independently 
owned and operated and is not dominant in its field.'' Nationwide, as 
of 2007, there were approximately 1,621,215 small organizations. 
Finally, the term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, towns, townships, villages, 
school districts, or special districts, with a population of less than 
fifty thousand.'' Census Bureau data for 2011 indicate that there were 
90,056 local governmental jurisdictions in the United States. The 
Commission estimates that, of this total, as many as 89,327 entities 
may qualify as ``small governmental jurisdictions.'' Thus, the 
Commission estimates that most governmental jurisdictions are small.
    14. Permit-But-Disclose. The proceeding that this Report and Order 
and Further Notice of Proposed Rulemaking initiates shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must (1) list all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    15. Accordingly, IT IS ORDERED, pursuant to the authority contained 
in sections 1, 2, 4(i), 5, 201-206, 214, 218-220, 251, 252, 254, 256, 
303(r), 332, 403, and 405 of the Communications Act of 1934, as 
amended, and section 706 of the Telecommunications Act of 1996, 47 
U.S.C. 151, 152, 154(i), 155, 201-206, 214, 218-220, 251, 252, 254, 
256, 303(r), 332, 403, and 1302 that this Further Notice of Proposed 
Rulemaking is adopted.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-23917 Filed 10-6-16; 8:45 am]
BILLING CODE 6712-01-P



                                                    69772                    Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules

                                                    hazardous substance management and                      FEDERAL COMMUNICATIONS                                overnight courier, or by first-class or
                                                    disposal requirements.                                  COMMISSION                                            overnight U.S. Postal Service mail. All
                                                       (4) Vessel hull cleanings must be                                                                          filings must be addressed to the
                                                                                                            47 CFR Part 54                                        Commission’s Secretary, Office of the
                                                    conducted in a manner that minimizes
                                                    the release of antifouling hull coatings                [WC Docket Nos. 10–90, 16–271; WT Docket              Secretary, Federal Communications
                                                                                                            No. 10–208; FCC 16–115]                               Commission.
                                                    and fouling organisms, including:
                                                                                                                                                                     Æ All hand-delivered or messenger-
                                                       (i) Adhere to any applicable cleaning                Connect America Fund, Connect                         delivered paper filings for the
                                                    requirements found on the coatings’                     America Fund—Alaska Plan; Universal                   Commission’s Secretary must be
                                                    FIFRA label.                                            Service Reform—Mobility Fund                          delivered to FCC Headquarters at 445
                                                       (ii) Use soft brushes or less abrasive                                                                     12th St. SW., Room TW–A325,
                                                                                                            AGENCY:  Federal Communications
                                                    cleaning techniques to the greatest                                                                           Washington, DC 20554. The filing hours
                                                                                                            Commission.
                                                    extent practicable.                                                                                           are 8:00 a.m. to 7:00 p.m. All hand
                                                                                                            ACTION: Proposed rule.                                deliveries must be held together with
                                                       (iii) Use hard brushes only for the                                                                        rubber bands or fasteners. Any
                                                    removal of hard growth.                                 SUMMARY:    In this document, the Federal
                                                                                                            Communications Commission                             envelopes and boxes must be disposed
                                                       (iv) Use a vacuum or other collection/               (Commission) seeks comment on                         of before entering the building.
                                                    control technology, when available and                  various specific issues involved in                      D Commercial overnight mail (other
                                                    feasible.                                               implementing a process of eliminating                 than U.S. Postal Service Express Mail
                                                       (b) For discharges from vessels that                 the provision of high-cost support to                 and Priority Mail) must be sent to 9300
                                                    are greater than or equal to 79 feet in                 more than one competitive Eligible                    East Hampton Drive, Capitol Heights,
                                                                                                            Telecommunications Carrier (ETC) in                   MD 20743.
                                                    length:
                                                                                                            the same geographic area. The                            D U.S. Postal Service first-class,
                                                       (1) To the greatest extent practicable,                                                                    Express, and Priority mail must be
                                                                                                            Commission specifically seeks comment
                                                    vessel hulls with an antifouling hull                                                                         addressed to 445 12th Street SW.,
                                                                                                            on how best to eliminate duplicative
                                                    coating must not be cleaned within 90                   funding consistent with our universal                 Washington, DC 20554.
                                                    days after the antifouling coating                      service goals, should the evaluation of                  • People with Disabilities: Contact
                                                    application. To the greatest extent                     Form 477 data reveal areas where more                 the FCC to request reasonable
                                                    practicable, vessel hulls with copper-                  than one carrier is receiving support for             accommodations (accessible format
                                                    based antifouling coatings must not be                  the provision of 4G LTE service. The                  documents, sign language interpreters,
                                                    cleaned within 365 days after coating                   Commission also seeks comment on                      CART, etc.) by email: FCC504@fcc.gov
                                                    application.                                            how to address a carrier’s performance                or phone: (202) 418–0530 or TTY: (202)
                                                                                                            obligations and support payments to the               418–0432.
                                                       (2) Vessel hulls must be inspected,
                                                    maintained, and cleaned to minimize                     extent it loses funding eligibility as a              FOR FURTHER INFORMATION CONTACT:
                                                    the removal and discharge of antifouling                consequence of the elimination of                     Alexander Minard, Wireline
                                                    coatings and the transport of fouling                   duplicative support.                                  Competition Bureau, (202) 418–7400 or
                                                    organisms. To the greatest extent                       DATES: Comments are due on or before                  TTY: (202) 418–0484, Matthew Warner
                                                                                                            December 6, 2016 and reply comments                   of the Wireless Telecommunications
                                                    practicable, rigorous vessel hull
                                                                                                            are due on or before January 5, 2017. If              Bureau, (202) 418–2419, or Audra Hale-
                                                    cleanings must take place in drydock or
                                                                                                            you anticipate that you will be                       Maddox of the Wireless
                                                    at a land-based facility where the                                                                            Telecommunications Bureau, (202) 418–
                                                    removed fouling organisms or spent                      submitting comments, but find it
                                                                                                            difficult to do so within the period of               0794.
                                                    antifouling coatings can be disposed of
                                                                                                            time allowed by this document, you                    SUPPLEMENTARY INFORMATION: This is a
                                                    onshore in accordance with any
                                                                                                            should advise the contact listed below                synopsis of the Commission’s Further
                                                    applicable solid waste or hazardous
                                                                                                            as soon as possible.                                  Notice of Proposed Rulemaking
                                                    substance management and disposal                                                                             (FNPRM) in WC Docket Nos. 10–90, 16–
                                                                                                            ADDRESSES: You may submit comments,
                                                    requirements.                                                                                                 271 and WT Docket No. 16–208; FCC
                                                                                                            identified by WC Docket No. 10–90, WC
                                                       (3) Vessel hull cleanings must be                    Docket No. 16–271 and WT Docket No.                   16–115, adopted on August 23, 2016
                                                    conducted in a manner that minimizes                    16–208, by any of the following                       and released on August 31, 2016. The
                                                    the release of antifouling hull coatings                methods:                                              full text of this document is available for
                                                    and fouling organisms, including:                          • Federal eRulemaking Portal: http://              public inspection during regular
                                                       (i) Adhere to any applicable cleaning                www.regulations.gov. Follow the                       business hours in the FCC Reference
                                                    requirements found on the coatings’                     instructions for submitting comments.                 Center, Room CY–A257, 445 12th St.
                                                    FIFRA label.                                               • Federal Communications                           SW., Washington, DC 20554 or at the
                                                                                                            Commission’s Web site: http://                        following Internet address: https://
                                                       (ii) Use soft brushes or less abrasive               fjallfoss.fcc.gov/ecfs2/ Electronic Filers:           apps.fcc.gov/edocs_public/attachmatch/
                                                    cleaning techniques to the greatest                     Comments may be filed electronically                  FCC-16-115A1.docx.
                                                    extent practicable.                                     using the Internet by accessing the                      The Report and Order that was
                                                       (iii) Use hard brushes only for the                  ECFS: http://fjallfoss.fcc.gov/ecfs2/.                adopted concurrently with the FNPRM
                                                                                                               D Paper Filers: Parties who choose to              is published elsewhere in this issue of
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    removal of hard growth.
                                                                                                            file by paper must file an original and               the Federal Register.
                                                       (iv) Use a vacuum or other collection/               one copy of each filing. Because more
                                                    control technology, when available and                                                                        I. Introduction
                                                                                                            than one docket number appears in the
                                                    feasible.                                               caption of this proceeding, filers must                 1. In the concurrently adopted Report
                                                    § 1700.38 through 1700.42        [Reserved]             submit two additional copies for each                 and Order, the Commission adopts an
                                                                                                            additional docket number.                             integrated plan to address both fixed
                                                    [FR Doc. 2016–24079 Filed 10–6–16; 8:45 am]
                                                                                                               • Filings can be sent by hand or                   and mobile voice and broadband service
                                                    BILLING CODE 6560–50–P                                  messenger delivery, by commercial                     in high-cost areas of the state of Alaska,


                                               VerDate Sep<11>2014   16:37 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00054   Fmt 4702   Sfmt 4702   E:\FR\FM\07OCP1.SGM   07OCP1


                                                                             Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules                                          69773

                                                    building on a proposal submitted by the                 support to all carriers receiving                     modifications to the Plan be necessary
                                                    Alaska Telephone Association. In                        duplicative support in any given area?                to address duplicative support.
                                                    February 2015, the Alaska Telephone                     To the extent the Commission continues                Commenters are invited to address the
                                                    Association (ATA) proposed a                            to provide support to one provider in                 proposals set forth above. In addition,
                                                    consensus plan designed to maintain,                    any such area, how should the amount                  are there other issues or alternatives that
                                                    extend, and upgrade broadband service                   of support, and the recipient of that                 the Commission should consider in
                                                    across all areas of Alaska served by rate-              support, be determined? For example,                  defining or eliminating duplicative
                                                    of-return carriers and their wireless                   should the Commission award support                   competitive ETC support in Alaska?
                                                    affiliates. Given the unique climate and                by auction in areas receiving duplicative
                                                                                                                                                                  III. Procedural Matters
                                                    geographic conditions of Alaska, the                    support? Alternatively, should it award
                                                    Commission finds that it is in the public               support to whichever provider serves                     8. The FNPRM contains proposed
                                                    interest to provide Alaskan carriers with               the larger service area? If so, how should            new information collection
                                                    the option of receiving fixed amounts of                the relevant service area be defined?                 requirements. The Commission, as part
                                                    support over the next ten years to                      Should the Commission adopt an                        of its continuing effort to reduce
                                                    deploy and maintain their fixed and                     approach that would award support for                 paperwork burdens, invites the general
                                                    mobile networks. If each of the Alaska                  any overlap area to the carrier that                  public and OMB to comment on the
                                                    carriers elects this option, the                        builds out 4G LTE in an area first? Are               proposed information collection
                                                    Commission expects this plan to bring                   there other mechanisms the                            requirements contained in this
                                                    broadband to as many as 111,302 fixed                   Commission could use to eliminate any                 document, as required by the PRA. In
                                                    locations and 133,788 mobile                            identified overlap in 4G LTE supported                addition, pursuant to the Small
                                                    consumers at the end of this 10-year                    service? If any of these or other                     Business Paperwork Relief Act, the
                                                    term.                                                   proposals would result in an area being               Commission seeks specific comment on
                                                                                                            served by one subsidized provider and                 how they might further reduce the
                                                    II. Further Notice of Proposed                                                                                information collection burden for small
                                                                                                            one unsubsidized provider, how should
                                                    Rulemaking                                                                                                    business concerns with fewer than 25
                                                                                                            the Commission address that, consistent
                                                       2. The Commission’s policy has been                  with our general policy of not providing              employees.
                                                    to eliminate the provision of high-cost                 funding where there is an unsubsidized                   9. As required by the Regulatory
                                                    support to more than one competitive                    provider?                                             Flexibility Act of 1980, as amended
                                                    ETC in the same geographic area.                           5. Given the distinct needs and                    (RFA), the Commission has prepared
                                                    Although there currently is no                          unique nature of Alaska, and the extent               this present Initial Regulatory
                                                    duplicative support for 4G LTE service                  to which it lags much of the rest of the              Flexibility Analysis (IRFA) of the
                                                    in remote Alaska, the Commission has                    Nation in 4G LTE deployment, the                      possible significant economic impact on
                                                    established a process in the Report and                 Commission proposes that any funds no                 a substantial number of small entities by
                                                    Order to identify the existence of any                  longer provided as a result of the                    the policies and rules proposed in this
                                                    such overlap mid-way through the 10-                    elimination of duplicative support be                 Further Notice of Proposed Rulemaking
                                                    year term, and to take steps to eliminate               used to support other mobile services in              (FNPRM). Written public comments are
                                                    duplicative support levels in the second                high-cost areas of Alaska. The                        requested on this IRFA. Comments must
                                                    half of the 10-year term of the Plan. This              Commission seeks comment on this                      be identified as responses to the IRFA
                                                    FNPRM seeks comment on various                          proposal and, more specifically, on how               and must be filed by the deadlines for
                                                    specific issues involved in                             any affected funds should best be used.               comments on the FNPRM provided on
                                                    implementing that process.                                 6. The Commission also seeks                       the first page of this document. The
                                                       3. In the concurrently adopted Report                comment on how to address a carrier’s                 Commission will send a copy of the
                                                    and Order, the Commission adopts, for                   performance obligations and support                   FNPRM, including this IRFA, to the
                                                    purposes of identifying where                           payments to the extent it loses funding               Chief Counsel for Advocacy of the Small
                                                    duplicative support is occurring, a                     eligibility as a consequence of the                   Business Administration (SBA). In
                                                    definition that includes those areas                    elimination of duplicative support. In                addition, the FNPRM and IRFA (or
                                                    where there is subsidized 4G LTE                        such instances, the Commission                        summaries thereof) will be published in
                                                    service provided by more than one                       proposes that a carrier amend its                     the Federal Register.
                                                    carrier. The Commission will identify                   performance plan and that it should                      10. The FNPRM is needed to ensure
                                                    such areas and evaluate the extent of                   neither be required nor permitted to                  fiscal responsibility and maximize
                                                    overlap, if any, based on the Form 477                  include the population in the relevant                limited support for the support going to
                                                    data filed by the carriers in March, 2021,              overlap area in order to meet its                     ensure universal service in remote areas
                                                    which will represent deployment as of                   performance commitments. The                          of Alaska. The FNPRM seeks comment
                                                    December 31, 2020.                                      Commission also seeks comment on                      about duplicative support under the
                                                       4. The Commission seeks comment on                   whether, for carriers losing support,                 Alaska Plan and how such support
                                                    how best to eliminate duplicative                       they should provide a phase down of                   should be addressed. The FNPRM
                                                    funding consistent with our universal                   support for such carriers, such as over               proposes that duplicative areas be
                                                    service goals, should the evaluation of                 two or three years.                                   defined as those areas where there is
                                                    that Form 477 data reveal areas where                      7. As discussed above, the                         subsidized 4G LTE service provided by
                                                    more than one carrier is receiving                      Commission will not evaluate whether                  more than one carrier in a service area
                                                    support for the provision of 4G LTE                     there is any duplicative support or make              and proposes that this would be
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                                                    service. How should the Commission                      adjustments to support payments until                 determined by using March 2021 Form
                                                    identify the relevant amount of support                 year five of the Alaska Plan. Given the               477 data. The FNPRM seeks comment
                                                    to attribute to any overlap area? Once                  important role of high-cost support in                on options for addressing this issue
                                                    the amount of support is identified,                    bringing mobile broadband service to                  during the course of the 10-year support
                                                    what mechanism should the                               remote Alaska, however, the                           period under the Alaska Plan and seeks
                                                    Commission apply to eliminate the                       Commission thinks that it is critical to              comment on eliminating duplicative
                                                    duplicative funding? For example,                       engage in this process now in order to                support in years six through ten of the
                                                    should the Commission eliminate                         ensure a smooth transition should any                 Alaska Plan, as adopted (e.g., from


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                                                    69774                    Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules

                                                    January 1, 2022 through December 31,                    parte rules. Persons making ex parte                  DEPARTMENT OF COMMERCE
                                                    2026).                                                  presentations must file a copy of any
                                                       11. The legal basis for any action that              written presentation or a memorandum                  National Oceanic and Atmospheric
                                                    may be taken pursuant to the FNPRM is                   summarizing any oral presentation                     Administration
                                                    contained in sections 1, 2, 4(i), 5, 201–               within two business days after the
                                                    206, 214, 218–220, 251, 252, 254, 256,                  presentation (unless a different deadline             50 CFR Part 622
                                                    303(r), 332, 403, and 405 of the                        applicable to the Sunshine period
                                                    Communications Act of 1934, as                                                                                RIN 0648–BG33
                                                                                                            applies). Persons making oral ex parte
                                                    amended, and section 706 of the                         presentations are reminded that                       Fisheries of the Caribbean, Gulf of
                                                    Telecommunications Act of 1996, 47                      memoranda summarizing the                             Mexico, and South Atlantic; Snapper-
                                                    U.S.C. 151, 152, 154(i), 155, 201–206,                  presentation must (1) list all persons                Grouper Fishery of the South Atlantic
                                                    214, 218–220, 251, 252, 254, 256, 303(r),               attending or otherwise participating in               Region; Amendment 37
                                                    332, 403, and 1302.                                     the meeting at which the ex parte
                                                       12. The RFA directs agencies to                                                                            AGENCY:  National Marine Fisheries
                                                                                                            presentation was made, and (2)
                                                    provide a description of, and where                                                                           Service (NMFS), National Oceanic and
                                                    feasible, an estimate of the number of                  summarize all data presented and
                                                                                                            arguments made during the                             Atmospheric Administration (NOAA),
                                                    small entities that may be affected by                                                                        Commerce.
                                                    the proposed rules, if adopted. The RFA                 presentation. If the presentation
                                                                                                            consisted in whole or in part of the                  ACTION: Notice of availability (NOA);
                                                    generally defines the term ‘‘small                                                                            request for comments.
                                                    entity’’ as having the same meaning as                  presentation of data or arguments
                                                    the terms ‘‘small business,’’ ‘‘small                   already reflected in the presenter’s                  SUMMARY:    The South Atlantic Fishery
                                                    organization,’’ and ‘‘small governmental                written comments, memoranda or other                  Management Council (South Atlantic
                                                    jurisdiction.’’ In addition, the term                   filings in the proceeding, the presenter              Council) has submitted Amendment 37
                                                    ‘‘small business’’ has the same meaning                 may provide citations to such data or                 to the Fishery Management Plan for the
                                                    as the term ‘‘small-business concern’’                  arguments in his or her prior comments,               Snapper-Grouper Fishery of the South
                                                    under the Small Business Act. A small-                  memoranda, or other filings (specifying               Atlantic Region (FMP) for review,
                                                    business concern is one which: (1) Is                   the relevant page and/or paragraph                    approval, and implementation by
                                                    independently owned and operated; (2)                   numbers where such data or arguments                  NMFS. If approved by the Secretary of
                                                    is not dominant in its field of operation;              can be found) in lieu of summarizing                  Commerce, Amendment 37 would
                                                    and (3) satisfies any additional criteria               them in the memorandum. Documents                     modify the management unit boundaries
                                                    established by the SBA.                                 shown or given to Commission staff                    for hogfish in the South Atlantic by
                                                       13. Total Small Entities. Our proposed               during ex parte meetings are deemed to                establishing two hogfish stocks off (1)
                                                    action, if implemented, may, over time,                 be written ex parte presentations and                 Georgia through North Carolina and (2)
                                                    affect small entities that are not easily               must be filed consistent with rule                    Florida Keys/East Florida; establish a
                                                    categorized at present. The Commission                  1.1206(b). In proceedings governed by                 rebuilding plan for the Florida Keys/
                                                    therefore describes here, at the outset,                rule 1.49(f) or for which the                         East Florida hogfish stock; specify
                                                    three comprehensive, statutory small                    Commission has made available a                       fishing levels and accountability
                                                    entity size standards. First, nationwide,               method of electronic filing, written ex               measures (AMs), and modify or
                                                    there are a total of approximately 28.2                 parte presentations and memoranda                     establish management measures for the
                                                    million small businesses, according to                  summarizing oral ex parte                             Georgia through North Carolina and
                                                    the SBA, which represents 99.7% of all                  presentations, and all attachments                    Florida Keys/East Florida stocks of
                                                    businesses in the United States. In                     thereto, must be filed through the                    hogfish. The purpose of Amendment 37
                                                    addition, a ‘‘small organization’’ is                   electronic comment filing system                      is to manage hogfish using the best
                                                    generally ‘‘any not-for-profit enterprise               available for that proceeding and must                scientific information available while
                                                    which is independently owned and                        be filed in their native format (e.g., .doc,          ending overfishing and rebuilding the
                                                    operated and is not dominant in its
                                                                                                            .xml, .ppt, searchable .pdf). Participants            Florida Keys/East Florida hogfish stock.
                                                    field.’’ Nationwide, as of 2007, there
                                                                                                            in this proceeding should familiarize                 DATES: Written comments must be
                                                    were approximately 1,621,215 small
                                                                                                            themselves with the Commission’s ex                   received by December 6, 2016.
                                                    organizations. Finally, the term ‘‘small
                                                                                                            parte rules.                                          ADDRESSES: You may submit comments
                                                    governmental jurisdiction’’ is defined
                                                    generally as ‘‘governments of cities,                      15. Accordingly, IT IS ORDERED,                    on Amendment 37 identified by
                                                    towns, townships, villages, school                      pursuant to the authority contained in                ‘‘NOAA–NMFS–2016–0068’’ by either
                                                    districts, or special districts, with a                 sections 1, 2, 4(i), 5, 201–206, 214, 218–            of the following methods:
                                                    population of less than fifty thousand.’’               220, 251, 252, 254, 256, 303(r), 332, 403,               • Electronic Submission: Submit all
                                                    Census Bureau data for 2011 indicate                    and 405 of the Communications Act of                  electronic comments via the Federal e-
                                                    that there were 90,056 local                            1934, as amended, and section 706 of                  Rulemaking Portal. Go to
                                                    governmental jurisdictions in the                       the Telecommunications Act of 1996, 47                www.regulations.gov/
                                                    United States. The Commission                           U.S.C. 151, 152, 154(i), 155, 201–206,                #!docketDetail;D=NOAA-NMFS-2016-
                                                    estimates that, of this total, as many as               214, 218–220, 251, 252, 254, 256, 303(r),             0068, click the ‘‘Comment Now!’’ icon,
                                                    89,327 entities may qualify as ‘‘small                  332, 403, and 1302 that this Further                  complete the required fields, and enter
                                                    governmental jurisdictions.’’ Thus, the                 Notice of Proposed Rulemaking is                      or attach your comments.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Commission estimates that most                          adopted.                                                 • Mail: Submit all written comments
                                                    governmental jurisdictions are small.                                                                         to Nikhil Mehta, NMFS Southeast
                                                                                                            Federal Communications Commission.
                                                       14. Permit-But-Disclose. The                                                                               Regional Office (SERO), 263 13th
                                                    proceeding that this Report and Order                   Gloria J. Miles,                                      Avenue South, St. Petersburg, FL 33701.
                                                    and Further Notice of Proposed                          Federal Register Liaison Officer, Office of the          Instructions: Comments sent by any
                                                    Rulemaking initiates shall be treated as                Secretary.                                            other method, to any other address or
                                                    a ‘‘permit-but-disclose’’ proceeding in                 [FR Doc. 2016–23917 Filed 10–6–16; 8:45 am]           individual, or received after the end of
                                                    accordance with the Commission’s ex                     BILLING CODE 6712–01–P                                the comment period may not be


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Document Created: 2018-02-13 16:31:50
Document Modified: 2018-02-13 16:31:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due on or before December 6, 2016 and reply comments are due on or before January 5, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed below as soon as possible.
ContactAlexander Minard, Wireline Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484, Matthew Warner of the Wireless Telecommunications Bureau, (202) 418-2419, or Audra Hale- Maddox of the Wireless Telecommunications Bureau, (202) 418-0794.
FR Citation81 FR 69772 

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