82_FR_22997 82 FR 22901 - Connect America Fund, ETC Annual Reports and Certifications, Developing a Unified Intercarrier Compensation Regime

82 FR 22901 - Connect America Fund, ETC Annual Reports and Certifications, Developing a Unified Intercarrier Compensation Regime

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 96 (May 19, 2017)

Page Range22901-22903
FR Document2017-10099

In this document, the Federal Communications Commission (Commission) grants the Petition for Reconsideration filed by NTCA--The Rural Broadband Association (NTCA) of the Commission's Rate-of-Return Reform Order with respect to the average per-location, per-project construction limitation on universal service support provided for in the Rate-of-Return Reform Order. Amending the rule as described below will encourage carriers to plan cost-effective broadband deployment projects that include higher-cost locations, while maintaining adequate incentives for the efficient use of universal service funds.

Federal Register, Volume 82 Issue 96 (Friday, May 19, 2017)
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22901-22903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10099]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 10-90, 14-58, CC Docket No. 01-92; FCC 17-36]


Connect America Fund, ETC Annual Reports and Certifications, 
Developing a Unified Intercarrier Compensation Regime

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) grants the Petition for Reconsideration filed by NTCA--The 
Rural Broadband Association (NTCA) of the Commission's Rate-of-Return 
Reform Order with respect to the average per-location, per-project 
construction limitation on universal service support provided for in 
the Rate-of-Return Reform Order. Amending the rule as described below 
will encourage carriers to plan cost-effective broadband deployment 
projects that include higher-cost locations, while maintaining adequate 
incentives for the efficient use of universal service funds.

DATES: Effective June 19, 2017.

FOR FURTHER INFORMATION CONTACT: Alexander Minard, Wireline Competition 
Bureau, (202) 418-0428 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration in WC Docket Nos. 10-90, 14-58, CC Docket No. 01-92; 
FCC 17-36, adopted on April 20, 2017 and released on April 21, 2017. 
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 Street SW., Washington, DC 20554, or at the following 
Internet address: http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0421/FCC-17-36A1.pdf.

I. Order on Reconsideration

    1. By this Order, the Commission grants the Petition for 
Reconsideration filed by NTCA of the Commission's Rate-of-Return Reform 
Order, 81 FR 24282, April 25, 2016, with respect to the average per-
location, per-project construction limitation on universal service 
support provided for in the Rate-

[[Page 22902]]

of-Return Reform Order. The Commission finds that amending the rule as 
described below will encourage carriers to plan cost-effective 
broadband deployment projects that include higher-cost locations, while 
maintaining adequate incentives for the efficient use of universal 
service funds.
    2. In the Rate-of-Return Reform Order, the Commission adopted a 
Capital Investment Allowance to limit universal service reimbursement 
of capital expenses associated with very high-cost locations, with a 
goal of preserving funds for more efficient projects with deployment to 
a greater number of lower-cost locations. As part of the Capital 
Investment Allowance, the Commission adopted a rule precluding carriers 
from seeking universal service support for all capital expenses 
associated with any construction project with average per-location 
costs above a company-specific ``Maximum Average Per-Location 
Construction Project Limitation.''
    3. NTCA seeks reconsideration of how the construction limitation is 
applied. NTCA contends that disallowing all costs associated with a 
construction project will cause carriers to exclude certain locations 
to reduce the average per-location cost of the project, with the 
possible consequence of permanently ``stranding'' some locations 
without broadband-capable service. For example, if a carrier subject to 
a $10,000 average per-location limitation developed a project costing 
$105,000 to serve 10 locations (i.e., with an average cost per-location 
served of $10,500), the cost of the entire project would be disallowed. 
The carrier might instead exclude a handful of the highest cost 
locations to bring the average per-location cost below the threshold. 
Once excluded, however, there may not be a subsequent project that 
deploys service to those locations as efficiently as the first project 
and, as a result, the location may never receive broadband-capable 
service.
    4. NTCA therefore requests that the rule disallow, for the purpose 
of seeking universal service support, only the portion of a project's 
expenses that exceed the average per-location threshold. In the example 
above, where the $10,500 average per-location cost of the project 
exceeds the carrier's $10,000 Maximum Average Per Location Construction 
Project Loop Plant Investment Limitation, the carrier would report 
$100,000 (i.e., $10,000 per location) for universal service support 
purposes and exclude $5,000 (i.e., the amount in excess of $10,000 per 
location). In that case, a carrier might elect to deploy service to the 
highest-cost locations without prejudice to its ability to receive 
universal service support for the project, up to the amount of the 
average per-location cap.
    5. Upon reconsideration, the Commission agrees that wholly 
disallowing costs associated with projects exceeding the construction 
limitation could have the effect of preventing deployment to some 
locations that a carrier might otherwise choose to serve. As the 
Commission noted in adopting the Capital Investment Allowance, 
``[a]lthough it is the Commission's goal to ensure broadband deployment 
throughout all areas, finite universal service resources must be used 
where they are most needed.'' NTCA's proposed solution is to retain the 
average per-location construction limitation as a maximum amount 
includable for universal service support purposes in connection with a 
construction project. The Commission finds that this solution 
adequately preserves two critical Commission interests: First, 
promoting efficient use of universal service funds to maximize the 
number of high-cost locations with broadband-capable facilities, and 
second, enabling some locations to be efficiently included within 
another deployment project (when they might otherwise be denied service 
altogether). The Commission therefore grants NTCA's petition with 
respect to the construction limitation.

II. Procedural Matters

    6. Paperwork Reduction Act. This document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 
it does not contain any new or modified information collection burden 
for small business concerns with fewer than 25 employees, pursuant to 
the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4).
    7. Final Regulatory Flexibility Certification. The Regulatory 
Flexibility Act of 1980 as amended (RFA) requires that a regulatory 
flexibility analysis be prepared for rulemaking proceedings, unless the 
agency certifies that ``the rule will not have a significant economic 
impact on a substantial number of small entities.'' The RFA generally 
defines ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    8. In this Order on Reconsideration, the Commission amends the 
construction project limitation within the Capital Investment Allowance 
to permit carriers to report, for universal service purposes, capital 
expenses per location up to the established per-location per project 
limit, rather than disallowing all capital expenses associated with 
construction projects in excess of the limit. This project-specific 
limitation provides a reasonable upper limit on the amount of per-
location capital expenses associated with a carrier's new construction 
project that the Commission expects will rarely be exceeded. Moreover, 
to the extent that this rule change has a significant economic impact 
on any small carriers, the rule change will provide such carries 
additional flexibility to undertake new construction projects that 
exceed the limit without risk of losing all universal service support 
associated with the project. Because the Commission anticipates that 
this rule will not affect a substantial number of carriers, the 
Commission does not anticipate that it will affect a substantial number 
of small entities. Therefore, the Commission certifies that the 
requirements of this Order on Reconsideration will not have a 
significant economic impact on a substantial number of small entities. 
The Commission will send a copy of the Order on Reconsideration 
including a copy of this final certification to the Chief Counsel for 
Advocacy of the Small Business Administration. See 5 U.S.C. 605(b).
    9. Congressional Review Act. The Commission will send a copy of 
this Order on Reconsideration to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

III. Ordering Clauses

    10. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1 through 4, 214(e)(6), and 254 of the 
Communications Act of 1934, 47 U.S.C. 151-154, 214(e)(6), 254, and 
pursuant section 1.429 of the Commission's rules, 47 CFR 1.429, the 
Petition for Reconsideration filed by NTCA on January 3, 2017 is 
granted to the extent indicated above and this Order on Reconsideration 
is adopted, effective thirty (30) days after publication of the text or 
summary thereof in the Federal Register.

[[Page 22903]]

    11. It is further ordered that the Commission shall send a copy of 
this Order on Reconsideration to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
    12. It is further ordered that pursuant to section 1.427 of the 
Commission's rules, 47 CFR 1.427, this Order shall be effective 30 days 
after publication of the text or summary thereof in the Federal 
Register.

List of Subjects in 47 CFR Part 54

    Communications common carriers, Health facilities, Infants and 
children, Internet, Libraries, Reporting and recordkeeping 
requirements, Schools, Telecommunications, Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority citation for part 54 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
254, 303(r), 403, and 1302 unless otherwise noted.


0
2. Amend Sec.  54.303 by revising paragraph (f) introductory text to 
read as follows:


Sec.  54.303  Eligible Capital Investment and Operating Expenses.

* * * * *
    (f) Construction allowance adjustment. Notwithstanding any other 
provisions of this section, a rate-of-return carrier must exclude from 
the data it submits for the purposes of obtaining high-cost support 
under subpart K or subpart M of this part the amount of Loop Plant 
Investment associated with a new construction project that exceeds the 
Maximum Average Per Location Construction Project Limitation for that 
project as determined by the Administrator according to the following 
formula:
* * * * *
[FR Doc. 2017-10099 Filed 5-18-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                                     Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations                                                      22901

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

                                                  Glendora, City of, Tallahatchie County                     280210   April 9, 1974, Emerg; September 27, 1985,         ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                  Marks, City of, Quitman County ............                280140   March 4, 1974, Emerg; September 4, 1985,          ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                  Quitman County, Unincorporated Areas                       280207   March 4, 1974, Emerg; September 4, 1985,          ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                  Sumner, Town of, Tallahatchie County                       280194   January 28, 1974, Emerg; September 4,             ......do ...............      Do.
                                                                                                                        1985, Reg; May 16, 2017, Susp.
                                                  Tutwiler, Town of, Tallahatchie County                     280197   January 28, 1974, Emerg; September 1,             ......do ...............      Do.
                                                                                                                        1986, Reg; May 16, 2017, Susp.
                                                  Webb, Town of, Tallahatchie County ....                    280213   May 3, 1975, Emerg; August 1, 1986, Reg;          ......do ...............      Do.
                                                                                                                        May 16, 2017, Susp.
                                             South Carolina:
                                                 Chester County, Unincorporated Areas                        450047   August 20, 1975, Emerg; July 5, 1982, Reg;        ......do ...............      Do.
                                                                                                                        May 16, 2017, Susp.
                                                  Lancaster, City of, Lancaster County ....                  450121   December 7, 1973, Emerg; July 5, 1982,            ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                  Lancaster   County,     Unincorporated                     450120   July 3, 1975, Emerg; January 6, 1983, Reg;        ......do ...............      Do.
                                                    Areas.                                                              May 16, 2017, Susp.
                                                  Tega Cay, City of, York County ............                450036   N/A, Emerg; January 28, 2009, Reg; May            ......do ...............      Do.
                                                                                                                        16, 2017, Susp.
                                                  York County, Unincorporated Areas .....                    450193   June 18, 1975, Emerg; November 4, 1981,           ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                              Region VII
                                             Iowa:
                                                 Anita, City of, Cass County ...................             190048   April 11, 1975, Emerg; June 17, 1986, Reg;        ......do ...............      Do.
                                                                                                                        May 16, 2017, Susp.
                                                  Cass County, Unincorporated Areas .....                    190852   August 25, 1975, Emerg; September 1,              ......do ...............      Do.
                                                                                                                        1986, Reg; May 16, 2017, Susp.
                                                  Fonda, City of, Pocahontas County ......                   190483   May 26, 2010, Emerg; May 1, 2011, Reg;            ......do ...............      Do.
                                                                                                                        May 16, 2017, Susp.
                                                  Griswold, City of, Cass County .............               190346   October 26, 1976, Emerg; May 1, 1987,             ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                  Marne, City of, Cass County .................              190348   September 11, 2008, Emerg; January 6,             ......do ...............      Do.
                                                                                                                        2011, Reg; May 16, 2017, Susp.
                                                  Massena, City of, Cass County .............                190349   January 15, 2008, Emerg; January 6, 2011,         ......do ...............      Do.
                                                                                                                        Reg; May 16, 2017, Susp.
                                                *do = Ditto.
                                                Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                               Dated: May 4, 2017.                                     ACTION:   Final rule.                                 SUPPLEMENTARY INFORMATION:     This is a
                                             Michael M. Grimm,                                                                                               summary of the Commission’s Order on
                                             Assistant Administrator for Mitigation,                   SUMMARY:   In this document, the Federal              Reconsideration in WC Docket Nos. 10–
                                             Federal Insurance and Mitigation                          Communications Commission                             90, 14–58, CC Docket No. 01–92; FCC
                                             Administration, Department of Homeland                    (Commission) grants the Petition for                  17–36, adopted on April 20, 2017 and
                                             Security, Federal Emergency Management                    Reconsideration filed by NTCA—The                     released on April 21, 2017. The full text
                                             Agency.                                                                                                         of this document is available for public
                                                                                                       Rural Broadband Association (NTCA) of
                                             [FR Doc. 2017–10161 Filed 5–18–17; 8:45 am]                                                                     inspection during regular business
                                                                                                       the Commission’s Rate-of-Return
                                             BILLING CODE 9110–12–P
                                                                                                       Reform Order with respect to the                      hours in the FCC Reference Center,
                                                                                                       average per-location, per-project                     Room CY–A257, 445 12th Street SW.,
                                                                                                       construction limitation on universal                  Washington, DC 20554, or at the
                                             FEDERAL COMMUNICATIONS                                    service support provided for in the Rate-             following Internet address: http://
                                             COMMISSION                                                of-Return Reform Order. Amending the                  transition.fcc.gov/Daily_Releases/Daily_
                                                                                                       rule as described below will encourage                Business/2017/db0421/FCC-17-
                                             47 CFR Part 54                                            carriers to plan cost-effective broadband             36A1.pdf.
                                                                                                       deployment projects that include                      I. Order on Reconsideration
                                             [WC Docket Nos. 10–90, 14–58, CC Docket                   higher-cost locations, while maintaining
                                             No. 01–92; FCC 17–36]                                     adequate incentives for the efficient use                1. By this Order, the Commission
                                                                                                       of universal service funds.                           grants the Petition for Reconsideration
nlaroche on DSK30NT082PROD with RULES




                                             Connect America Fund, ETC Annual
                                             Reports and Certifications, Developing                                                                          filed by NTCA of the Commission’s
                                                                                                       DATES:   Effective June 19, 2017.
                                             a Unified Intercarrier Compensation                                                                             Rate-of-Return Reform Order, 81 FR
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      24282, April 25, 2016, with respect to
                                             Regime
                                                                                                       Alexander Minard, Wireline                            the average per-location, per-project
                                             AGENCY:Federal Communications                             Competition Bureau, (202) 418–0428 or                 construction limitation on universal
                                             Commission.                                               TTY: (202) 418–0484.                                  service support provided for in the Rate-


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                                             22902                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                             of-Return Reform Order. The                             cost locations without prejudice to its               (1) Is independently owned and
                                             Commission finds that amending the                      ability to receive universal service                  operated; (2) is not dominant in its field
                                             rule as described below will encourage                  support for the project, up to the                    of operation; and (3) satisfies any
                                             carriers to plan cost-effective broadband               amount of the average per-location cap.               additional criteria established by the
                                             deployment projects that include                           5. Upon reconsideration, the                       Small Business Administration (SBA).
                                             higher-cost locations, while maintaining                Commission agrees that wholly                           8. In this Order on Reconsideration,
                                             adequate incentives for the efficient use               disallowing costs associated with                     the Commission amends the
                                             of universal service funds.                             projects exceeding the construction                   construction project limitation within
                                                2. In the Rate-of-Return Reform Order,               limitation could have the effect of                   the Capital Investment Allowance to
                                             the Commission adopted a Capital                        preventing deployment to some                         permit carriers to report, for universal
                                             Investment Allowance to limit universal                 locations that a carrier might otherwise              service purposes, capital expenses per
                                             service reimbursement of capital                        choose to serve. As the Commission                    location up to the established per-
                                             expenses associated with very high-cost                 noted in adopting the Capital                         location per project limit, rather than
                                             locations, with a goal of preserving                    Investment Allowance, ‘‘[a]lthough it is              disallowing all capital expenses
                                             funds for more efficient projects with                  the Commission’s goal to ensure                       associated with construction projects in
                                             deployment to a greater number of                       broadband deployment throughout all                   excess of the limit. This project-specific
                                             lower-cost locations. As part of the                    areas, finite universal service resources             limitation provides a reasonable upper
                                             Capital Investment Allowance, the                       must be used where they are most                      limit on the amount of per-location
                                             Commission adopted a rule precluding                    needed.’’ NTCA’s proposed solution is                 capital expenses associated with a
                                             carriers from seeking universal service                 to retain the average per-location                    carrier’s new construction project that
                                             support for all capital expenses                        construction limitation as a maximum                  the Commission expects will rarely be
                                             associated with any construction project                amount includable for universal service               exceeded. Moreover, to the extent that
                                             with average per-location costs above a                 support purposes in connection with a                 this rule change has a significant
                                             company-specific ‘‘Maximum Average                      construction project. The Commission                  economic impact on any small carriers,
                                             Per-Location Construction Project                       finds that this solution adequately                   the rule change will provide such
                                             Limitation.’’                                           preserves two critical Commission                     carries additional flexibility to
                                                3. NTCA seeks reconsideration of how                 interests: First, promoting efficient use             undertake new construction projects
                                             the construction limitation is applied.                 of universal service funds to maximize                that exceed the limit without risk of
                                             NTCA contends that disallowing all                      the number of high-cost locations with                losing all universal service support
                                             costs associated with a construction                    broadband-capable facilities, and
                                                                                                                                                           associated with the project. Because the
                                             project will cause carriers to exclude                  second, enabling some locations to be
                                                                                                                                                           Commission anticipates that this rule
                                             certain locations to reduce the average                 efficiently included within another
                                             per-location cost of the project, with the                                                                    will not affect a substantial number of
                                                                                                     deployment project (when they might
                                             possible consequence of permanently                                                                           carriers, the Commission does not
                                                                                                     otherwise be denied service altogether).
                                             ‘‘stranding’’ some locations without                                                                          anticipate that it will affect a substantial
                                                                                                     The Commission therefore grants
                                             broadband-capable service. For                                                                                number of small entities. Therefore, the
                                                                                                     NTCA’s petition with respect to the
                                             example, if a carrier subject to a $10,000                                                                    Commission certifies that the
                                                                                                     construction limitation.
                                             average per-location limitation                                                                               requirements of this Order on
                                             developed a project costing $105,000 to                 II. Procedural Matters                                Reconsideration will not have a
                                             serve 10 locations (i.e., with an average                  6. Paperwork Reduction Act. This                   significant economic impact on a
                                             cost per-location served of $10,500), the               document does not contain new or                      substantial number of small entities.
                                             cost of the entire project would be                     modified information collection                       The Commission will send a copy of the
                                             disallowed. The carrier might instead                   requirements subject to the Paperwork                 Order on Reconsideration including a
                                             exclude a handful of the highest cost                   Reduction Act of 1995 (PRA), Public                   copy of this final certification to the
                                             locations to bring the average per-                     Law 104–13. In addition, therefore, it                Chief Counsel for Advocacy of the Small
                                             location cost below the threshold. Once                 does not contain any new or modified                  Business Administration. See 5 U.S.C.
                                             excluded, however, there may not be a                   information collection burden for small               605(b).
                                             subsequent project that deploys service                 business concerns with fewer than 25                    9. Congressional Review Act. The
                                             to those locations as efficiently as the                employees, pursuant to the Small                      Commission will send a copy of this
                                             first project and, as a result, the location            Business Paperwork Relief Act of 2002,                Order on Reconsideration to Congress
                                             may never receive broadband-capable                     Public Law 107–198, see 44 U.S.C.                     and the Government Accountability
                                             service.                                                3506(c)(4).                                           Office pursuant to the Congressional
                                                4. NTCA therefore requests that the                     7. Final Regulatory Flexibility                    Review Act, see 5 U.S.C. 801(a)(1)(A).
                                             rule disallow, for the purpose of seeking               Certification. The Regulatory Flexibility
                                                                                                                                                           III. Ordering Clauses
                                             universal service support, only the                     Act of 1980 as amended (RFA) requires
                                             portion of a project’s expenses that                    that a regulatory flexibility analysis be                10. Accordingly, it is ordered that,
                                             exceed the average per-location                         prepared for rulemaking proceedings,                  pursuant to the authority contained in
                                             threshold. In the example above, where                  unless the agency certifies that ‘‘the rule           sections 1 through 4, 214(e)(6), and 254
                                             the $10,500 average per-location cost of                will not have a significant economic                  of the Communications Act of 1934, 47
                                             the project exceeds the carrier’s $10,000               impact on a substantial number of small               U.S.C. 151–154, 214(e)(6), 254, and
                                             Maximum Average Per Location                            entities.’’ The RFA generally defines                 pursuant section 1.429 of the
                                             Construction Project Loop Plant                         ‘‘small entity’’ as having the same                   Commission’s rules, 47 CFR 1.429, the
                                             Investment Limitation, the carrier                      meaning as the terms ‘‘small business,’’              Petition for Reconsideration filed by
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                                             would report $100,000 (i.e., $10,000 per                ‘‘small organization,’’ and ‘‘small                   NTCA on January 3, 2017 is granted to
                                             location) for universal service support                 governmental jurisdiction.’’ In addition,             the extent indicated above and this
                                             purposes and exclude $5,000 (i.e., the                  the term ‘‘small business’’ has the same              Order on Reconsideration is adopted,
                                             amount in excess of $10,000 per                         meaning as the term ‘‘small business                  effective thirty (30) days after
                                             location). In that case, a carrier might                concern’’ under the Small Business Act.               publication of the text or summary
                                             elect to deploy service to the highest-                 A small business concern is one which:                thereof in the Federal Register.


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                                                                   Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations                                               22903

                                                11. It is further ordered that the                   Federal Communications Commission.                    § 54.303 Eligible Capital Investment and
                                             Commission shall send a copy of this                    Marlene H. Dortch,                                    Operating Expenses.
                                             Order on Reconsideration to Congress                    Secretary.                                            *     *     *    *     *
                                             and the Government Accountability                                                                               (f) Construction allowance
                                                                                                     Final Rules
                                             Office pursuant to the Congressional                                                                          adjustment. Notwithstanding any other
                                             Review Act, see 5 U.S.C. 801(a)(1)(A).                    For the reasons discussed in the                    provisions of this section, a rate-of-
                                                                                                     preamble, the Federal Communications                  return carrier must exclude from the
                                                12. It is further ordered that pursuant
                                                                                                     Commission amends 47 CFR part 54 as                   data it submits for the purposes of
                                             to section 1.427 of the Commission’s
                                                                                                     follows:                                              obtaining high-cost support under
                                             rules, 47 CFR 1.427, this Order shall be
                                                                                                                                                           subpart K or subpart M of this part the
                                             effective 30 days after publication of the              PART 54—UNIVERSAL SERVICE                             amount of Loop Plant Investment
                                             text or summary thereof in the Federal                                                                        associated with a new construction
                                             Register.                                               ■ 1. The authority citation for part 54               project that exceeds the Maximum
                                                                                                     continues to read as follows:                         Average Per Location Construction
                                             List of Subjects in 47 CFR Part 54
                                                                                                       Authority: 47 U.S.C. 151, 154(i), 155, 201,         Project Limitation for that project as
                                               Communications common carriers,                       205, 214, 219, 220, 254, 303(r), 403, and 1302        determined by the Administrator
                                             Health facilities, Infants and children,                unless otherwise noted.                               according to the following formula:
                                             Internet, Libraries, Reporting and                      ■ 2. Amend § 54.303 by revising                       *     *     *    *     *
                                             recordkeeping requirements, Schools,                    paragraph (f) introductory text to read as            [FR Doc. 2017–10099 Filed 5–18–17; 8:45 am]
                                             Telecommunications, Telephone.                          follows:                                              BILLING CODE 6712–01–P
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Document Created: 2018-11-08 08:48:06
Document Modified: 2018-11-08 08:48:06
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 June 19, 2017.
ContactAlexander Minard, Wireline Competition Bureau, (202) 418-0428 or TTY: (202) 418-0484.
FR Citation82 FR 22901 
CFR AssociatedCommunications Common Carriers; Health Facilities; Infants and Children; Internet; Libraries; Reporting and Recordkeeping Requirements; Schools; Telecommunications and Telephone

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