83 FR 23611 - Connect America Fund; Universal Service Reform-Mobility Fund
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 99 (May 22, 2018)
Federal Register Volume 83, Issue 99 (May 22, 2018)
| Page Range | 23611-23613 | |
| FR Document | 2018-10854 |
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)] [Rules and Regulations] [Pages 23611-23613] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10854] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10-90, WT Docket No. 10-208; DA 18-427] Connect America Fund; Universal Service Reform--Mobility Fund AGENCY: Federal Communications Commission. ACTION: Final action; requirements and procedures. ----------------------------------------------------------------------- SUMMARY: In this document, the Wireless Telecommunications Bureau and Wireline Competition Bureau (the [[Page 23612]] Bureaus) reconsider certain aspects of the Mobility Fund Phase II (MF- II) challenge process procedures on their own motion and modify certain parameters for speed test measurements needed to file a successful challenge to an area that is initially deemed ineligible for MF-II support. DATES: Effective June 21, 2018. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, Auctions and Spectrum Access Division, Jonathan McCormack, at (202) 418-0660. SUPPLEMENTARY INFORMATION: This is a summary of the Bureaus' Order on Reconsideration (MF-II Challenge Process Order on Reconsideration), WC Docket No. 10-90, WT Docket No. 10-208, DA 18-427, adopted on April 30, 2018 and released on April 30, 2018. The complete text of this document is available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The complete text is also available on the Commission's website at https://apps.fcc.gov/edocs_public/attachmatch/DA-18-427A1.docx. Alternative formats are available to persons with disabilities by sending an email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, the Commission has prepared a Final Regulatory Flexibility Certification (Certification) certifying that the requirements of the MF-II Challenge Process Order on Reconsideration will not have a significant economic impact on a substantial number of small entities. The Certification is set forth in Section IV of the MF-II Challenge Process Order on Reconsideration, and is summarized below. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of the MF-II Challenge Process Order on Reconsideration, including the Certification, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). Paperwork Reduction Act The MF-II Challenge Process Order on Reconsideration does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Congressional Review Act The Commission will send a copy of the MF-II Challenge Process Order on Reconsideration in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A). I. Introduction 1. On February 27, 2018, the Rural Broadband Auctions Task Force, in conjunction with the Wireline Competition Bureau and the Wireless Telecommunications Bureau (the Bureaus), released the MF-II Challenge Process Procedures Public Notice, 83 FR 13417, March 29, 2018, establishing the procedures to be used in the MF-II challenge process. The Bureaus reconsider certain aspects of those procedures on their own motion and increase the maximum distance between speed test measurements to 800 meters (approximately one-half of one mile) and the associated buffer radius to 400 meters (approximately one-quarter of one mile). II. Background 2. In the MF-II Challenge Process Procedures Public Notice, the Bureaus determined, consistent with the Commission's decision in the MF-II Challenge Process Order, 82 FR 42473, September 8, 2017, that speed test measurements submitted to support and/or respond to a challenge to an area that is initially deemed ineligible for MF-II support must be no more than one-half of one kilometer (500 meters) apart from one another. The Bureaus also decided to assess challenges using a uniform grid with cells of one square kilometer and a ``buffer'' with a radius equal to one-half of the maximum distance parameter, i.e., one-quarter of one kilometer (250 meters). Subsequent to the release of the MF-II Challenge Process Procedures Public Notice, RWA submitted detailed data regarding the burden a challenger would experience as a result of these decisions. III. Discussion 3. Under Section 1.113(a) of the Commission's rules, 47 CFR 1.113(a), the Bureaus may modify or set aside any action taken pursuant to their delegated authority on their own motion within 30 days of the publication of the action in the Federal Register. In this case, the MF-II Challenge Process Procedures Public Notice was published in the Federal Register on March 29, 2018, thus allowing the Bureaus until April 30, 2018 to reconsider those procedures. Based on new evidence in the record, the Bureaus now modify the requirement that speed test measurements must be taken no further than one-half of one kilometer apart from one another, which resulted in a buffer radius of one- quarter of one kilometer. 4. In the MF-II Challenge Process Procedures Public Notice, the Bureaus stated that they were not persuaded by the evidence in the record that adopting their proposal to use a one square kilometer grid cell and a buffer radius of one-quarter of one kilometer to assess challenges would create an ``insurmountable burden.'' Upon consideration of new evidence in the record, which was unavailable at the time of our prior decision, the Bureaus are now persuaded that applying a buffer radius of one-quarter of one kilometer may be unduly burdensome to some challengers. Since the Commission determined in the MF-II Challenge Process Order that the radius of the buffer will equal one-half of the maximum distance parameter, the Bureaus will require that speed test measurements be taken no further than 800 meters (eight-tenths of one kilometer) apart from one another, resulting in an associated buffer radius of 400 meters (four-tenths of one kilometer). These modified parameters will reduce the number of speed test measurements needed to file a successful challenge. V. Procedural Matters A. Congressional Review Act 5. The Commission will send a copy of the MF-II Challenge Process Order on Reconsideration to Congress and the Government Accountability Office, pursuant to the Congressional Review Act. B. Paperwork Reduction Act Analysis 6. This document does not contain new or modified information collection requirements subject to the PRA. 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. C. Final Regulatory Flexibility Certification 6. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be [[Page 23613]] prepared for a notice-and-comment rulemaking proceeding, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' 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. 7. As required by the RFA, the Commission prepared Initial Regulatory Flexibility Analyses (IRFAs) in connection with the USF/ICC Transformation FNPRM, 76 FR 78383, December 16, 2011, the 2014 CAF FNPRM, 79 FR 39195, July 9, 2014, and the MF-II FNPRM, 82 FR 13413, March 13, 2017 (collectively, MF-II FNPRMs). A Supplemental Initial Regulatory Flexibility Analysis (Supplemental IRFA) was also filed in the MF-II Challenge Process Comment Public Notice, 82 FR 51180, November 3, 2017, in this proceeding. The Commission sought written public comment on the proposals in the MF-II FNPRMs and in the MF-II Challenge Process Comment Public Notice, including comments on the IRFAs and Supplemental IRFA. The Commission received three comments in response to the MF-II FNPRM IRFA. Those comments were addressed in the MF-II Challenge Process Order Final Regulatory Flexibility Analysis. No comments were filed addressing the other IRFAs or the Supplemental IRFA. The Commission included Final Regulatory Flexibility Analyses in connection with the 2014 CAF Order, 79 FR 39163, July 9, 2014, the MF- II Order, 82 FR 15422, March 28, 2017, and the MF-II Challenge Process Order, and a Supplemental Final Regulatory Flexibility Analysis in connection with the MF-II Challenge Process Procedures Public Notice. 8. The MF-II Challenge Process Order on Reconsideration modifies the Bureaus' decision in the MF-II Challenge Process Procedures Public Notice that speed test measurements submitted to support and/or respond to a challenge to an area that is initially deemed ineligible for MF-II support must be no more than one-half of one kilometer (500 meters) apart from one another. The MF-II Challenge Process Order on Reconsideration increases the maximum distance parameter to 800 meters (approximately one-half of one mile) and, correspondingly, increases the associated buffer radius used to assess challenges to 400 meters (approximately one-quarter of one mile). By reducing the number of speed test measurements needed to submit a successful challenge, the Bureaus expect that these modified parameters will reduce the burden on potential challengers. Therefore, the Bureaus certify that the requirements of the MF-II Challenge Process Order on Reconsideration will not have a significant economic impact on a substantial number of small entities. 9. The Commission will send a copy of the MF-II Challenge Process Order on Reconsideration, including a copy of this Final Regulatory Flexibility Certification, in a report to Congress pursuant to the Congressional Review Act. In addition, the MF-II Challenge Process Order on Reconsideration and this final certification will be sent to the Chief Counsel for Advocacy of the SBA, and will be published in the Federal Register. VI. Ordering Clauses 10. Accordingly, it is ordered, pursuant to the authority contained in Sections 4(i), 254, 303(r), and 332 of the Communications Act of 1934, as amended, and Section 706 of the Telecommunications Act of 1996, 47 U.S.C. 154(i), 254, 303(r), 332, 1302, and Section 1.113(a) of the Commission's rules, 47 CFR 1.113(a), that the MF-II Challenge Process Order on Reconsideration is adopted.Pursuant to Section 1.103 of the Commission's rules, 47 CFR 1.103, the MF-II Challenge Process Order on Reconsideration shall become effective 30 days after the date of publication in the Federal Register. The Commission shall send a copy of the MF-II Challenge Process 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). The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the MF-II Challenge Process Order on Reconsideration, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Gary Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. 2018-10854 Filed 5-21-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Rules and Regulations 23611
Environmental Policy Act of 1969 (42 Regulatory Classification. This final List of Subjects in 44 CFR Part 64
U.S.C. 4321 et seq.) does not apply. rule is not a significant regulatory action
Regulatory Flexibility Act. The under the criteria of section 3(f) of Flood insurance, Floodplains.
Administrator has determined that this Executive Order 12866 of September 30, Accordingly, 44 CFR part 64 is
rule is exempt from the requirements of 1993, Regulatory Planning and Review, amended as follows:
the Regulatory Flexibility Act because 58 FR 51735.
the National Flood Insurance Act of PART 64—[AMENDED]
Executive Order 13132, Federalism.
1968, as amended, Section 1315, 42 This rule involves no policies that have
U.S.C. 4022, prohibits flood insurance ■ 1. The authority citation for part 64
federalism implications under Executive continues to read as follows:
coverage unless an appropriate public Order 13132.
body adopts adequate floodplain Authority: 42 U.S.C. 4001 et seq.;
management measures with effective Executive Order 12988, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR,
enforcement measures. The Reform. This rule meets the applicable 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
communities listed no longer comply standards of Executive Order 12988. 3 CFR, 1979 Comp.; p. 376.
with the statutory requirements, and Paperwork Reduction Act. This rule
§ 64.6 [Amended]
after the effective date, flood insurance does not involve any collection of
will no longer be available in the information for purposes of the ■ 2. The tables published under the
communities unless remedial action Paperwork Reduction Act, 44 U.S.C. authority of § 64.6 are amended as
takes place. 3501 et seq. follows:
Date certain
Federal assist-
Community Effective date authorization/cancellation Current effective
State and location ance no longer
No. of sale of flood insurance in community map date available in
SFHAs
Region V
Illinois: Mason County, Unincorporated 170463 January 19, 1977, Emerg; February 1, June 6, 2018 .... June 6, 2018.
Areas. 1984, Reg; June 6, 2018, Susp.
Region VIII
North Dakota: Harvey, City of, Wells County 380231 July 31, 1975, Emerg; August 5, 1986, Reg; June 6, 2018 .... June 6, 2018.
June 6, 2018, Susp.
-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: May 14, 2018. discontinuance rules. The document Federal Register announcing the
Eric Letvin, incorrectly referred to the Commission’s effective date of those rules.
Deputy Assistant Administrator for discontinuance rules rather than its
Correction
Mitigation, Federal Insurance and Mitigation network change disclosure rules.
Administration, Department of Homeland
DATES: The correction is effective May
In the Federal Register of May 14,
Security, Federal Emergency Management 2018, in FR doc. 2018–09971, on page
Agency. 22, 2018.
22208, in the second column, correct
[FR Doc. 2018–10844 Filed 5–21–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: the ‘‘Summary’’ caption to read:
BILLING CODE 9110–12–P Michele Levy Berlove, Attorney
Federal Communications Commission.
Advisor, Wireline Competition Bureau,
at (202) 418–1477, or by email at Marlene Dortch,
Michele.Berlove@fcc.gov. Secretary.
FEDERAL COMMUNICATIONS
For additional information concerning [FR Doc. 2018–10810 Filed 5–21–18; 8:45 am]
COMMISSION
the Paperwork Reduction Act BILLING CODE 6712–01–P
47 CFR Part 51 information collection requirements,
[WC Docket No. 17–84; FCC 17–154] contact Nicole Ongele at (202) 418–2991
or nicole.ongele@fcc.gov. FEDERAL COMMUNICATIONS
COMMISSION
Accelerating Wireline Broadband SUPPLEMENTARY INFORMATION:
Deployment by Removing Barriers to Summary: In this document, the 47 CFR Part 54
Infrastructure Investment; Correction Commission announces that the Office
of Management and Budget (OMB) has [WC Docket No. 10–90, WT Docket No. 10–
AGENCY: Federal Communications 208; DA 18–427]
Commission. approved, for a period of three years, the
ACTION: Final rule; announcement of information collection associated with
Connect America Fund; Universal
effective date; correction. the Commission’s network change
Service Reform—Mobility Fund
disclosure rules. This document is
SUMMARY: The Federal Communications consistent with the Accelerating AGENCY: Federal Communications
Commission (Commission) published a Wireline Broadband Deployment by Commission.
amozie on DSK3GDR082PROD with RULES
document in the Federal Register on Removing Barriers to Infrastructure ACTION: Final action; requirements and
May 14, 2018, announcing that the Investment Report and Order, procedures.
Office of Management and Budget Declaratory Ruling, and Further Notice
(OMB) has approved, for a period of of Proposed Rulemaking, FCC 17–154, SUMMARY: In this document, the
three years, the information collection which stated that the Commission Wireless Telecommunications Bureau
associated with the Commission’s would publish a document in the and Wireline Competition Bureau (the
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![Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Rules and Regulations 23613
prepared for a notice-and-comment meters (approximately one-half of one FEDERAL COMMUNICATIONS
rulemaking proceeding, unless the mile) and, correspondingly, increases COMMISSION
agency certifies that ‘‘the rule will not, the associated buffer radius used to
if promulgated, have a significant assess challenges to 400 meters 47 CFR Part 74
economic impact on a substantial (approximately one-quarter of one mile). [GN Docket No. 14–166, ET Docket No. 14–
number of small entities.’’ The RFA By reducing the number of speed test 165, GN Docket No. 12–268, WT Docket Nos.
generally defines the term ‘‘small measurements needed to submit a 08–166, 08–167, and ET Docket No. 10–24:
entity’’ as having the same meaning as successful challenge, the Bureaus expect FCC 17–95]
the terms ‘‘small business,’’ ‘‘small that these modified parameters will
organization,’’ and ‘‘small governmental reduce the burden on potential Promoting Spectrum Access for
jurisdiction.’’ In addition, the term challengers. Therefore, the Bureaus Wireless Microphone Operations
‘‘small business’’ has the same meaning certify that the requirements of the MF–
as the term ‘‘small business concern’’ AGENCY: Federal Communications
II Challenge Process Order on
under the Small Business Act. A ‘‘small Commission.
Reconsideration will not have a
business concern’’ is one which: (1) Is significant economic impact on a ACTION: Final rule; announcement of
independently owned and operated; (2) substantial number of small entities. effective date.
is not dominant in its field of operation; 9. The Commission will send a copy
and (3) satisfies any additional criteria SUMMARY: In this document, the
of the MF–II Challenge Process Order on Commission announces that the Office
established by the SBA. Reconsideration, including a copy of
7. As required by the RFA, the of Management and Budget (OMB) has
this Final Regulatory Flexibility approved, for a period of three years, the
Commission prepared Initial Regulatory Certification, in a report to Congress
Flexibility Analyses (IRFAs) in new information collection associated
pursuant to the Congressional Review with the Commission’s Promoting
connection with the USF/ICC Act. In addition, the MF–II Challenge
Transformation FNPRM, 76 FR 78383, Spectrum Access for Wireless
Process Order on Reconsideration and Microphone Operations, Order on
December 16, 2011, the 2014 CAF this final certification will be sent to the
FNPRM, 79 FR 39195, July 9, 2014, and Reconsideration, Further Notice of
Chief Counsel for Advocacy of the SBA, Proposed Rulemaking. This document is
the MF–II FNPRM, 82 FR 13413, March
and will be published in the Federal consistent with the Order, which stated
13, 2017 (collectively, MF–II FNPRMs).
Register. that the Commission would publish a
A Supplemental Initial Regulatory
Flexibility Analysis (Supplemental VI. Ordering Clauses document in the Federal Register
IRFA) was also filed in the MF–II announcing the effective date of those
Challenge Process Comment Public 10. Accordingly, it is ordered, rules.
Notice, 82 FR 51180, November 3, 2017, pursuant to the authority contained in
Sections 4(i), 254, 303(r), and 332 of the DATES: The amendments to 47 CFR
in this proceeding. The Commission 74.803(c) and (d) published at 82 FR
sought written public comment on the Communications Act of 1934, as
amended, and Section 706 of the 41549, September 1, 2017, are effective
proposals in the MF–II FNPRMs and in May 22, 2018.
the MF–II Challenge Process Comment Telecommunications Act of 1996, 47
U.S.C. 154(i), 254, 303(r), 332, 1302, and FOR FURTHER INFORMATION CONTACT: Paul
Public Notice, including comments on Murray, Office of Engineering and
the IRFAs and Supplemental IRFA. The Section 1.113(a) of the Commission’s
rules, 47 CFR 1.113(a), that the MF–II Technology Bureau, at (202) 418–0688,
Commission received three comments
Challenge Process Order on or email: Paul.Murray@fcc.gov.
in response to the MF–II FNPRM IRFA.
Reconsideration is adopted. For additional information concerning
Those comments were addressed in the
• Pursuant to Section 1.103 of the the Paperwork Reduction Act
MF–II Challenge Process Order Final
Commission’s rules, 47 CFR 1.103, the information collection requirements,
Regulatory Flexibility Analysis. No
MF–II Challenge Process Order on contact Nicole Ongele at (202) 418–2991
comments were filed addressing the
Reconsideration shall become effective or nicole.ongele@fcc.gov.
other IRFAs or the Supplemental IRFA.
The Commission included Final 30 days after the date of publication in SUPPLEMENTARY INFORMATION: This
Regulatory Flexibility Analyses in the Federal Register. document announces that, on May 1,
connection with the 2014 CAF Order, 79 • The Commission shall send a copy 2018, OMB approved, for a period of
FR 39163, July 9, 2014, the MF–II Order, of the MF–II Challenge Process Order on three years, the information collection
82 FR 15422, March 28, 2017, and the Reconsideration to Congress and the requirements relating to the consumer
MF–II Challenge Process Order, and a Government Accountability Office disclosure and labeling rules contained
Supplemental Final Regulatory pursuant to the Congressional Review in the Commission’s Wireless
Flexibility Analysis in connection with Act, see 5 U.S.C. 801(a)(1)(A). Microphones Order on Reconsideration
the MF–II Challenge Process Procedures • The Commission’s Consumer and and Further Notice of Proposed
Public Notice. Governmental Affairs Bureau, Reference Rulemaking, FCC 17–95 (82 FR 41549,
8. The MF–II Challenge Process Order Information Center, shall send a copy of September 1, 2017). The OMB Control
on Reconsideration modifies the the MF–II Challenge Process Order on Number is 3060–1253. The Commission
Bureaus’ decision in the MF–II Reconsideration, including the Final publishes this document as an
Challenge Process Procedures Public Regulatory Flexibility Certification, to announcement of the effective date of
Notice that speed test measurements the Chief Counsel for Advocacy of the the specific § 74.803(c) and (d) rules. If
submitted to support and/or respond to Small Business Administration. you have any comments on the burden
a challenge to an area that is initially estimates listed below, or how the
amozie on DSK3GDR082PROD with RULES
deemed ineligible for MF–II support Federal Communications Commission. Commission can improve the
must be no more than one-half of one Gary Michaels, collections and reduce any burdens
kilometer (500 meters) apart from one Deputy Chief, Auctions and Spectrum Access caused thereby, please contact Nicole
another. The MF–II Challenge Process Division, WTB. Ongele, Federal Communications
Order on Reconsideration increases the [FR Doc. 2018–10854 Filed 5–21–18; 8:45 am] Commission, Room 1–A620, 445 12th
maximum distance parameter to 800 BILLING CODE 6712–01–P Street SW, Washington, DC 20554.
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Document Created: 2018-11-02 11:09:54
Document Modified: 2018-11-02 11:09:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final action; requirements and procedures. | |
| Dates | Effective June 21, 2018. | |
| Contact | Wireless Telecommunications Bureau, Auctions and Spectrum Access Division, Jonathan McCormack, at (202) 418-0660. | |
| FR Citation | 83 FR 23611 |
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