83_FR_256 83 FR 254 - Mobility Fund Phase II Challenge Process Handsets and Access Procedures for the Challenge Process Portal

83 FR 254 - Mobility Fund Phase II Challenge Process Handsets and Access Procedures for the Challenge Process Portal

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 2 (January 3, 2018)

Page Range254-257
FR Document2017-28421

In this document, the Rural Broadband Auctions Task Force, with the Wireline Competition Bureau and the Wireless Telecommunications Bureau, provide further guidance on the handsets that mobile wireless providers in the Mobility Fund Phase II challenge process can designate for challengers to use when conducting speed tests in areas deemed presumptively ineligible for MF-II support. This document adopts procedures for challengers to request access to the Universal Service Administrative Company challenge process portal.

Federal Register, Volume 83 Issue 2 (Wednesday, January 3, 2018)
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 254-257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28421]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 10-90, WT Docket No. 10-208; DA 17-1218]


Mobility Fund Phase II Challenge Process Handsets and Access 
Procedures for the Challenge Process Portal

AGENCY: Federal Communications Commission.

ACTION: Final rule; requirements and procedures.

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

SUMMARY: In this document, the Rural Broadband Auctions Task Force, 
with the Wireline Competition Bureau and the Wireless 
Telecommunications Bureau, provide further guidance on the handsets 
that mobile wireless providers in the Mobility Fund Phase II challenge 
process can designate for challengers to use when conducting speed 
tests in areas deemed presumptively ineligible for MF-II support. This 
document adopts procedures for challengers to request access to the 
Universal Service Administrative Company challenge process portal.

DATES: Parties may submit the list of provider-approved handsets as 
part of their 4G LTE coverage data filings due by January 4, 2018, or 
they may elect to supplement those filings with the handset list by no 
later than thirty days following the publication of this document in 
the Federal Register.

ADDRESSES: Submit responses to the MF-II 4G LTE data collections, 
including the list of provider-approved handsets, at www.fcc.gov/MF2-LTE-Collection. Submit waivers by email to [email protected] 
or by hard copy to Margaret W. Wiener, Chief, Auctions and Spectrum 
Access Division, Wireless Telecommunications Bureau, FCC, 445 12th 
Street SW, Room 6-C217, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auction and Spectrum Access Division, Jonathan McCormack, at (202) 418-
0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice (MF-
II Challenge Process Handset Public Notice), WC Docket No. 10-90, WT 
Docket No. 10-208, DA 17-1218, adopted on December 20, 2017, and 
released on December 20, 2017. The complete text of the MF-II Challenge 
Process Handset Public Notice 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

[[Page 255]]

the Commission's website at https://ecfsapi.fcc.gov/file/122011224060/DA-17-1218A1.pdf. 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).
    1. The Rural Broadband Auctions Task Force (Task Force), in 
conjunction with the Wireline Competition Bureau and the Wireless 
Telecommunications Bureau (Bureaus), provides further requirements for 
the handsets that mobile wireless providers in the Mobility Fund Phase 
II (MF-II) challenge process must designate for challengers to use when 
conducting speed tests in areas deemed presumptively ineligible for MF-
II support. In addition, the Bureaus adopt procedures for challengers 
to request access to the Universal Service Administrative Company 
(USAC) challenge process portal.

I. Handset Requirements

    2. Under the MF-II Challenge Process Order, 82 FR 42473, September 
8, 2017, the MF-II challenge process will begin with a new, one-time 
collection of current, standardized coverage data on qualified 4G LTE 
service, which the Commission will use to establish the map of areas 
presumptively eligible for MF-II support.
    3. As part of the new, one-time data collection, each mobile 
wireless provider with qualified 4G LTE coverage is required to 
identify at least three readily-available handset models appropriate 
for testing its coverage, at least one of which must be compatible with 
industry-standard drive test software. The Commission also directed the 
Bureaus to propose and adopt further guidance on the types of devices 
that may be used for speed tests.
    4. After release of the MF-II Challenge Process Order, the Task 
Force, in conjunction with the Bureaus, released instructions for 
submitting the new 4G LTE coverage data, including the handset list, 
and announced a deadline of January 4, 2018, to submit the required 
coverage information. Pursuant to the Commission's direction, the 
Bureaus subsequently sought comment on proposed requirements to ensure 
that at least one designated handset is compatible with industry-
standard drive test software.
    5. After consideration of these comments, the Bureaus provide 
further requirements for the types of devices that may be used for 
speed tests. First, each provider must identify in its filing at least 
one device that is either: (a) Officially supported by the latest 
versions of industry-standard drive test software, such as JDSU, ZK-
SAM, Rohde & Schwartz, or TEMS; or (b) engineering-capable and able to 
be unlocked and put into diagnostic mode to interface with drive test 
software. Second, at least one of the three specified devices must run 
the Android operating system. This device can be the same device as the 
one that meets the requirements adopted for compatibility with drive-
test software, but it need not be. Because the coverage data submitted 
by affiliated entities will be consolidated when made available to 
challengers through the USAC portal, the Bureaus will consolidate the 
submitted provider handset data for such entities to the extent that 
the lists of handsets differ.
    6. Parties may file the foregoing handset information with their 
January 4, 2018 filings, or they may elect to supplement those filings 
with that handset information no later than thirty days following the 
publication of the MF-II Challenge Process Handset Public Notice in the 
Federal Register.

II. Accessing the USAC Portal

    7. Participants in the MF-II challenge process must use the USAC 
portal to file a challenge and/or respond to a challenge, as well as to 
access certain information that is pertinent to a challenge. The 
Commission directed the Bureaus to detail the process by which an 
interested party may request a USAC account to access the portal.
    8. The process for interested parties and challenged providers to 
request access to the USAC portal is as follows. Any eligible service 
provider wishing to participate in the challenge process must provide 
to the Commission, via web-based form, the legal name of the entity, 
its FCC Registration Number (FRN), and the name(s) and email 
address(es) of the user(s) (up to a maximum of three users) that should 
be granted access to the portal. Any government entity (i.e., a local, 
state, or Tribal government entity) that wishes to participate in the 
challenge process also must provide the legal name of the entity, its 
legal jurisdiction, and the name(s) and email address(es) of the 
user(s) (up to a maximum of three users) that should be granted access 
to the portal. The web page address and date by which to submit this 
contact information will be announced at a later date.
    9. The Bureaus encourage parties that may have an interest in 
participating in the challenge process to provide this contact 
information as soon as the form is available. Providing this contact 
information does not represent a commitment or obligation to 
participate in the challenge process.
    10. For a party that files a waiver petition with the Commission 
seeking to participate in the MF-II challenge process as a challenger 
(because it is not a service provider or a government entity), the 
Bureaus require such a party to submit the first and last name of the 
user(s) that should have access to the portal on its behalf, and the 
email address(es) of the user(s), up to a maximum of three users, as 
part of its petition for waiver. Any waiver petition must be submitted 
to [email protected]. The Bureaus strongly encourage any 
interested party to file a waiver petition as soon as practicable.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    11. The MF-II Challenge Process Handset Public Notice implements 
the information collection requirements adopted in the MF-II Challenge 
Process Order and does not contain any new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13, 44 U.S.C. 3501-3520. The Commission sought 
and received PRA approval from the Office of Management and Budget 
(OMB) under its emergency processing procedures for the information 
collection requirements associated with the qualified 4G LTE coverage 
data collection, as adopted in the MF-II Challenge Process Order and 
further explained in the MF-II Challenge Process Handset Public Notice. 
The OMB control number for this collection is OMB 3060 1242. The 
Commission is currently seeking PRA approval for the information 
collection requirements related to the challenge process itself, as 
adopted in the MF-II Challenge Process Order and further explained in 
the MF-II Challenge Process Handset Public Notice. The MF-II Challenge 
Process Handset Public Notice does not adopt any additional information 
collection requirements beyond those adopted in the MF-II Challenge 
Process Order.

B. Supplemental Final Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (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, 80 FR 4445, January 
27, 2015, and the MF-II FNPRM, 82 FR 13413,

[[Page 256]]

March 13, 2017 (collectively, MF-II FNPRMs). A Supplemental Initial 
Regulatory Flexibility Analysis (SIRFA) 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 MF-II FNPRMs and in the MF-II Challenge Process Comment 
Public Notice, including comments on the IRFAs and SIRFA. The 
Commission received three comments in response to the MF-II FNPRM IRFA. 
No comments were filed addressing the USF/ICC Transformation FNPRM 
IRFA, the 2014 CAF FNPRM IRFA, or the MF-II Challenge Process Comment 
Public Notice SIRFA. The Commission included Final Regulatory 
Flexibility Analyses (FRFAs) in connection with the 2014 CAF Order, the 
MF-II Order, and the MF-II Challenge Process Order (collectively, the 
MF-II Orders). This Supplemental Final Regulatory Flexibility Analysis 
(SFRFA) supplements the FRFAs in the MF-II Orders to reflect the 
actions taken in the MF-II Challenge Process Handset Public Notice and 
conforms to the RFA.
1. Need for, and Objectives of, The MF-II Challenge Process Handset 
Public Notice
    13. The MF-II Challenge Process Handset Public Notice provides 
further requirements on the handsets that mobile wireless providers in 
the MF-II challenge process must designate for challengers to use when 
conducting speed tests in areas deemed presumptively ineligible for MF-
II support. In addition, the MF-II Challenge Process Handset Public 
Notice adopts procedures for challengers to request access to the USAC 
challenge process portal.
    14. Following the release of the MF-II Orders, the Commission 
released the MF-II Challenge Process Comment Public Notice. The MF-II 
Challenge Process Comment Public Notice proposed and sought comment on 
specific parameters and procedures to implement the MF-II challenge 
process, including requirements for the provider-approved handsets that 
prospective challengers will use to conduct speed tests, and the 
process by which challengers and respondents can request access to the 
USAC portal. The MF-II Challenge Process Comment Public Notice did not 
change matters adopted in the MF-II Orders and requested comment on how 
the proposals in the MF-II Challenge Process Comment Public Notice 
might affect the previous regulatory flexibility analyses in this 
proceeding.
    15. The MF-II Challenge Process Handset Public Notice establishes 
procedures for providers to identify at least three readily available 
handset models appropriate for testing those providers' coverage, and 
establishes that the Bureaus will consolidate submitted provider 
handset data for affiliated entities to the extent that the lists of 
handsets differ. In addition, providers are required to specify at 
least one handset running on the Android operating system, and at least 
one handset that is either compatible with the latest versions of drive 
test software, or is capable of being unlocked and configured to run 
the latest versions of drive test software.
    16. The procedures also require all eligible service providers 
wishing to participate in the challenge process to provide to the 
Commission the legal name of the entity, its FRN, and the name(s) and 
email address(es) of the user(s) (up to a maximum of three users) that 
should be granted access to the portal. Any government entity (i.e., a 
local, state, or Tribal government entity) that wishes to participate 
in the challenge process also must provide the legal name of the 
entity, its legal jurisdiction, and the name(s) and email address(es) 
of the user(s) (up to a maximum of three users) that should be granted 
access to the portal. A web-based form will be used to collect this 
information. A party that files a waiver petition with the Commission 
seeking to participate in the MF-II challenge process as a challenger 
(because it is not a service provider or a government entity), must 
submit the first and last name of the user(s) that should have access 
to the portal on its behalf, and the email address(es) of the user(s), 
up to a maximum of three users, as part of its petition for waiver.
    17. Finally, the requirements established in the MF-II Challenge 
Process Handset Public Notice are designed to anticipate the challenges 
faced by small entities (e.g., governmental entities or small service 
providers) in complying with the Bureaus' implementation of the 
Commission's rules and our proposals. For example, the requirement that 
providers specify a minimum of three devices, at least one of which 
must be running on the Android operating system, is intended to provide 
small entities with sufficient flexibility to choose a device that fits 
their needs and budgets.
    18. Accordingly, the handset requirements and portal access 
procedures established in the MF-II Challenge Process Handset Public 
Notice are consistent with the MF-II Orders and the prior regulatory 
flexibility analyses set forth in this proceeding, and no changes to 
the Bureaus' earlier analyses are required.
2. Summary of Significant Issues Raised by Public Comments in Response 
to the SIRFA
    19. There were no comments filed that specifically addressed the 
proposed procedures presented in the SIRFA.
3. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration
    20. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rule(s) as a result of those comments.
    21. The Chief Counsel did not file any comments in response to the 
proposed procedures in this proceeding.
4. Description and Estimate of the Number of Small Business Entities To 
Which the Procedures Will Apply
    22. 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 herein. 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.
    23. As noted above, FRFAs were incorporated into the MF-II Orders. 
In those analyses, the Bureaus described in detail the small entities 
that might be significantly affected. In the MF-II Challenge Process 
Handset Public Notice, the Bureaus incorporate by reference the 
descriptions and estimates of the number of small entities from the 
previous FRFAs in the MF-II Orders.
5. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    24. The data, information and document collection required by the 
MF-II Orders as described in the previous FRFAs and the SIRFA in the 
MF-II Challenge Process Comment

[[Page 257]]

Public Notice in this proceeding are hereby incorporated by reference.
6. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    25. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) and 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    26. The analysis of the Commission's efforts to minimize the 
possible significant economic impact on small entities as described in 
the previous MF-II Order FRFAs are hereby incorporated by reference. As 
discussed above, the requirements and procedures established in the MF-
II Challenge Process Handset Public Notice are intended to provide 
small entities with sufficient flexibility to choose a device that fits 
their needs and budgets thereby minimizing significant economic impact 
on small entities.
7. Report to Congress
    27. The Commission will send a copy of the MF-II Challenge Process 
Handset Public Notice, including this SFRFA, in a report to Congress 
pursuant to the Congressional Review Act. In addition, the Commission 
will send a copy of the MF-II Challenge Process Handset Public Notice, 
including this SFRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the MF-II Challenge Process Handset Public Notice, and SFRFA 
(or summaries thereof) will also be published in the Federal Register.

IV. Contact Information

    28. For information on the one-time 4G LTE coverage data 
collection, see 4G LTE Collection Instructions Public Notice, or 
consult the Commission's MF-II 4G LTE Data Collection web page at 
www.fcc.gov/MF2-LTE-Collection. Please note that responses to the MF-II 
4G LTE data collection are due by January 4, 2018. Parties with 
questions about the collection should email [email protected] or contact 
Ken Lynch at (202) 418-7356 or Ben Freeman at (202) 418-0628.
    29. For further information concerning the MF-II Challenge Process 
Comment Public Notice, contact Jonathan McCormack, Auctions and 
Spectrum Access Division, Wireless Telecommunications Bureau, at (202) 
418-0660.

Federal Communications Commission.

William W. Huber,
Associate Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2017-28421 Filed 1-2-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                254                 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations

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

                                                     Mohawk, Town of, Montgomery County                         360452      July 18, 1975, Emerg; August 5, 1985, Reg;       ......do ...............       Do.
                                                                                                                              January 19, 2018, Susp.
                                                     Palatine, Town of, Montgomery County                       361413      March 8, 1977, Emerg; May 4, 1987, Reg;          ......do ...............       Do.
                                                                                                                              January 19, 2018, Susp.
                                                     Root, Town of, Montgomery County .....                     360455      November 3, 1975, Emerg; April 1, 1988,          ......do ...............       Do.
                                                                                                                              Reg; January 19, 2018, Susp.
                                                     Saint Johnsville, Town of, Montgomery                      360456      March 9, 1977, Emerg; March 16, 1983,            ......do ...............       Do.
                                                       County.                                                                Reg; January 19, 2018, Susp.
                                                     Saint Johnsville, Village of, Montgomery                   360457      October 23, 1974, Emerg; February 19,            ......do ...............       Do.
                                                       County.                                                                1986, Reg; January 19, 2018, Susp.
                                                                Region IV
                                                Florida: Fanning Springs, City of, Gilchrist                    120146      August 22, 1975, Emerg; September 5,             ......do ...............       Do.
                                                  and Levy Counties.                                                          1984, Reg; January 19, 2018, Susp.
                                                               Region VI
                                                Texas:
                                                    Dayton Lakes, City of, Liberty County ..                    481593      August 12, 1985, Emerg; November 15,             January 19,                January 19,
                                                                                                                              1989, Reg; January 19, 2018, Susp.                 2018.                    2018.
                                                     Hardin, City of, Liberty County ..............             481270      June 1, 1976, Emerg; April 9, 1985, Reg;         ......do ...............       Do.
                                                                                                                              January 19, 2018, Susp.
                                                     Kenefick, City of, Liberty County ...........              481523      N/A, Emerg; June 20, 2008, Reg; January          ......do ...............       Do.
                                                                                                                              19, 2018, Susp.
                                                                 Region X
                                                Oregon:
                                                    Eagle Point, City of, Jackson County ....                   410093      June 5, 1974, Emerg; September 30, 1980,         ......do ...............       Do.
                                                                                                                              Reg; January 19, 2018, Susp.
                                                     Jackson County, Unincorporated Areas                       415589      December 31, 1970, Emerg; April 1, 1982,         ......do ...............       Do.
                                                                                                                              Reg; January 19, 2018, Susp.
                                                     Shady Cove, City of, Jackson County ..                     410099      August 23, 1974, Emerg; September 30,            ......do ...............       Do.
                                                                                                                              1980, Reg; January 19, 2018, Susp.
                                                Washington: Camas, City of, Clark County                        530026      April 24, 1974, Emerg; February 18, 1981,        ......do ...............       Do.
                                                                                                                              Reg; January 19, 2018, Susp.
                                                   * do = Ditto.
                                                   Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.


                                                  Dated: December 21, 2017.                               SUMMARY:  In this document, the Rural                   mf2challengeprocess@fcc.gov or by hard
                                                Eric Letvin,                                              Broadband Auctions Task Force, with                     copy to Margaret W. Wiener, Chief,
                                                Deputy Assistant Administrator for                        the Wireline Competition Bureau and                     Auctions and Spectrum Access
                                                Mitigation, Federal Insurance and Mitigation              the Wireless Telecommunications                         Division, Wireless Telecommunications
                                                Administration, Department of Homeland                    Bureau, provide further guidance on the                 Bureau, FCC, 445 12th Street SW, Room
                                                Security, Federal Emergency Management                    handsets that mobile wireless providers                 6–C217, Washington, DC 20554.
                                                Agency.                                                   in the Mobility Fund Phase II challenge                 FOR FURTHER INFORMATION CONTACT:
                                                [FR Doc. 2017–28429 Filed 1–2–18; 8:45 am]                process can designate for challengers to                Wireless Telecommunications Bureau,
                                                BILLING CODE 9110–12–P                                    use when conducting speed tests in                      Auction and Spectrum Access Division,
                                                                                                          areas deemed presumptively ineligible                   Jonathan McCormack, at (202) 418–
                                                                                                          for MF–II support. This document                        0660.
                                                                                                          adopts procedures for challengers to
                                                FEDERAL COMMUNICATIONS                                    request access to the Universal Service                 SUPPLEMENTARY INFORMATION:    This is a
                                                COMMISSION                                                Administrative Company challenge                        summary of the Public Notice (MF–II
                                                                                                          process portal.                                         Challenge Process Handset Public
                                                47 CFR Part 54                                                                                                    Notice), WC Docket No. 10–90, WT
                                                                                                          DATES: Parties may submit the list of
                                                                                                                                                                  Docket No. 10–208, DA 17–1218,
                                                [WC Docket No. 10–90, WT Docket No. 10–                   provider-approved handsets as part of
                                                                                                                                                                  adopted on December 20, 2017, and
                                                208; DA 17–1218]                                          their 4G LTE coverage data filings due
                                                                                                                                                                  released on December 20, 2017. The
                                                                                                          by January 4, 2018, or they may elect to
                                                                                                                                                                  complete text of the MF–II Challenge
                                                Mobility Fund Phase II Challenge                          supplement those filings with the
                                                                                                                                                                  Process Handset Public Notice is
                                                Process Handsets and Access                               handset list by no later than thirty days
                                                                                                                                                                  available for public inspection and
                                                                                                          following the publication of this
jstallworth on DSKBBY8HB2PROD with RULES




                                                Procedures for the Challenge Process                                                                              copying from 8:00 a.m. to 4:30 p.m.
                                                Portal                                                    document in the Federal Register.
                                                                                                                                                                  Eastern Time (ET) Monday through
                                                AGENCY:  Federal Communications                           ADDRESSES:   Submit responses to the                    Thursday or from 8:00 a.m. to 11:30 a.m.
                                                Commission.                                               MF–II 4G LTE data collections,                          ET on Fridays in the FCC Reference
                                                                                                          including the list of provider-approved                 Information Center, 445 12th Street SW,
                                                ACTION: Final rule; requirements and
                                                                                                          handsets, at www.fcc.gov/MF2-LTE-                       Room CY–A257, Washington, DC 20554.
                                                procedures.
                                                                                                          Collection. Submit waivers by email to                  The complete text is also available on


                                           VerDate Sep<11>2014     15:15 Jan 02, 2018   Jkt 244001   PO 00000   Frm 00046    Fmt 4700   Sfmt 4700   E:\FR\FM\03JAR1.SGM   03JAR1


                                                                  Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations                                            255

                                                the Commission’s website at https://                    Officially supported by the latest                     information does not represent a
                                                ecfsapi.fcc.gov/file/122011224060/DA-                   versions of industry-standard drive test               commitment or obligation to participate
                                                17-1218A1.pdf. Alternative formats are                  software, such as JDSU, ZK–SAM,                        in the challenge process.
                                                available to persons with disabilities by               Rohde & Schwartz, or TEMS; or (b)                         10. For a party that files a waiver
                                                sending an email to FCC504@fcc.gov or                   engineering-capable and able to be                     petition with the Commission seeking to
                                                by calling the Consumer &                               unlocked and put into diagnostic mode                  participate in the MF–II challenge
                                                Governmental Affairs Bureau at (202)                    to interface with drive test software.                 process as a challenger (because it is not
                                                418–0530 (voice), (202) 418–0432                        Second, at least one of the three                      a service provider or a government
                                                (TTY).                                                  specified devices must run the Android                 entity), the Bureaus require such a party
                                                  1. The Rural Broadband Auctions                       operating system. This device can be the               to submit the first and last name of the
                                                Task Force (Task Force), in conjunction                 same device as the one that meets the                  user(s) that should have access to the
                                                with the Wireline Competition Bureau                    requirements adopted for compatibility                 portal on its behalf, and the email
                                                and the Wireless Telecommunications                     with drive-test software, but it need not              address(es) of the user(s), up to a
                                                Bureau (Bureaus), provides further                      be. Because the coverage data submitted                maximum of three users, as part of its
                                                requirements for the handsets that                      by affiliated entities will be                         petition for waiver. Any waiver petition
                                                mobile wireless providers in the                        consolidated when made available to                    must be submitted to
                                                Mobility Fund Phase II (MF–II)                          challengers through the USAC portal,                   mf2challengeprocess@fcc.gov. The
                                                challenge process must designate for                    the Bureaus will consolidate the                       Bureaus strongly encourage any
                                                challengers to use when conducting                      submitted provider handset data for                    interested party to file a waiver petition
                                                speed tests in areas deemed                             such entities to the extent that the lists             as soon as practicable.
                                                presumptively ineligible for MF–II                      of handsets differ.
                                                support. In addition, the Bureaus adopt                    6. Parties may file the foregoing                   III. Procedural Matters
                                                procedures for challengers to request                   handset information with their January                 A. Paperwork Reduction Act Analysis
                                                access to the Universal Service                         4, 2018 filings, or they may elect to
                                                Administrative Company (USAC)                           supplement those filings with that                        11. The MF–II Challenge Process
                                                challenge process portal.                               handset information no later than thirty               Handset Public Notice implements the
                                                                                                        days following the publication of the                  information collection requirements
                                                I. Handset Requirements                                                                                        adopted in the MF–II Challenge Process
                                                                                                        MF–II Challenge Process Handset Public
                                                   2. Under the MF–II Challenge Process                 Notice in the Federal Register.                        Order and does not contain any new or
                                                Order, 82 FR 42473, September 8, 2017,                                                                         modified information collection
                                                the MF–II challenge process will begin                  II. Accessing the USAC Portal                          requirements subject to the Paperwork
                                                with a new, one-time collection of                         7. Participants in the MF–II challenge              Reduction Act of 1995 (PRA), Public
                                                current, standardized coverage data on                  process must use the USAC portal to file               Law 104–13, 44 U.S.C. 3501–3520. The
                                                qualified 4G LTE service, which the                     a challenge and/or respond to a                        Commission sought and received PRA
                                                Commission will use to establish the                    challenge, as well as to access certain                approval from the Office of Management
                                                map of areas presumptively eligible for                 information that is pertinent to a                     and Budget (OMB) under its emergency
                                                MF–II support.                                          challenge. The Commission directed the                 processing procedures for the
                                                   3. As part of the new, one-time data                 Bureaus to detail the process by which                 information collection requirements
                                                collection, each mobile wireless                        an interested party may request a USAC                 associated with the qualified 4G LTE
                                                provider with qualified 4G LTE                          account to access the portal.                          coverage data collection, as adopted in
                                                coverage is required to identify at least                  8. The process for interested parties               the MF–II Challenge Process Order and
                                                three readily-available handset models                  and challenged providers to request                    further explained in the MF–II
                                                appropriate for testing its coverage, at                access to the USAC portal is as follows.               Challenge Process Handset Public
                                                least one of which must be compatible                   Any eligible service provider wishing to               Notice. The OMB control number for
                                                with industry-standard drive test                       participate in the challenge process                   this collection is OMB 3060 1242. The
                                                software. The Commission also directed                  must provide to the Commission, via                    Commission is currently seeking PRA
                                                the Bureaus to propose and adopt                        web-based form, the legal name of the                  approval for the information collection
                                                further guidance on the types of devices                entity, its FCC Registration Number                    requirements related to the challenge
                                                that may be used for speed tests.                       (FRN), and the name(s) and email                       process itself, as adopted in the MF–II
                                                   4. After release of the MF–II Challenge              address(es) of the user(s) (up to a                    Challenge Process Order and further
                                                Process Order, the Task Force, in                       maximum of three users) that should be                 explained in the MF–II Challenge
                                                conjunction with the Bureaus, released                  granted access to the portal. Any                      Process Handset Public Notice. The MF–
                                                instructions for submitting the new 4G                  government entity (i.e., a local, state, or            II Challenge Process Handset Public
                                                LTE coverage data, including the                        Tribal government entity) that wishes to               Notice does not adopt any additional
                                                handset list, and announced a deadline                  participate in the challenge process also              information collection requirements
                                                of January 4, 2018, to submit the                       must provide the legal name of the                     beyond those adopted in the MF–II
                                                required coverage information. Pursuant                 entity, its legal jurisdiction, and the                Challenge Process Order.
                                                to the Commission’s direction, the                      name(s) and email address(es) of the
                                                                                                                                                               B. Supplemental Final Regulatory
                                                Bureaus subsequently sought comment                     user(s) (up to a maximum of three users)
                                                                                                                                                               Flexibility Analysis
                                                on proposed requirements to ensure that                 that should be granted access to the
                                                at least one designated handset is                      portal. The web page address and date                    12. As required by the Regulatory
                                                compatible with industry-standard drive                 by which to submit this contact                        Flexibility Act of 1980, as amended
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                                                test software.                                          information will be announced at a later               (RFA), the Commission prepared Initial
                                                   5. After consideration of these                      date.                                                  Regulatory Flexibility Analyses (IRFAs)
                                                comments, the Bureaus provide further                      9. The Bureaus encourage parties that               in connection with the USF/ICC
                                                requirements for the types of devices                   may have an interest in participating in               Transformation FNPRM, 76 FR 78383,
                                                that may be used for speed tests. First,                the challenge process to provide this                  December 16, 2011, the 2014 CAF
                                                each provider must identify in its filing               contact information as soon as the form                FNPRM, 80 FR 4445, January 27, 2015,
                                                at least one device that is either: (a)                 is available. Providing this contact                   and the MF–II FNPRM, 82 FR 13413,


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                                                256               Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations

                                                March 13, 2017 (collectively, MF–II                        15. The MF–II Challenge Process                     Orders and the prior regulatory
                                                FNPRMs). A Supplemental Initial                         Handset Public Notice establishes                      flexibility analyses set forth in this
                                                Regulatory Flexibility Analysis (SIRFA)                 procedures for providers to identify at                proceeding, and no changes to the
                                                was also filed in the MF–II Challenge                   least three readily available handset                  Bureaus’ earlier analyses are required.
                                                Process Comment Public Notice, 82 FR                    models appropriate for testing those
                                                                                                                                                               2. Summary of Significant Issues Raised
                                                51180, November 3, 2017, in this                        providers’ coverage, and establishes that
                                                proceeding. The Commission sought                       the Bureaus will consolidate submitted                 by Public Comments in Response to the
                                                written public comment on the                           provider handset data for affiliated                   SIRFA
                                                proposals in MF–II FNPRMs and in the                    entities to the extent that the lists of                  19. There were no comments filed
                                                MF–II Challenge Process Comment                         handsets differ. In addition, providers                that specifically addressed the proposed
                                                Public Notice, including comments on                    are required to specify at least one                   procedures presented in the SIRFA.
                                                the IRFAs and SIRFA. The Commission                     handset running on the Android                         3. Response to Comments by the Chief
                                                received three comments in response to                  operating system, and at least one                     Counsel for Advocacy of the Small
                                                the MF–II FNPRM IRFA. No comments                       handset that is either compatible with
                                                                                                                                                               Business Administration
                                                were filed addressing the USF/ICC                       the latest versions of drive test software,
                                                Transformation FNPRM IRFA, the 2014                     or is capable of being unlocked and                       20. Pursuant to the Small Business
                                                CAF FNPRM IRFA, or the MF–II                            configured to run the latest versions of               Jobs Act of 2010, which amended the
                                                Challenge Process Comment Public                        drive test software.                                   RFA, the Commission is required to
                                                Notice SIRFA. The Commission                               16. The procedures also require all                 respond to any comments filed by the
                                                included Final Regulatory Flexibility                   eligible service providers wishing to                  Chief Counsel for Advocacy of the Small
                                                Analyses (FRFAs) in connection with                     participate in the challenge process to                Business Administration (SBA), and to
                                                the 2014 CAF Order, the MF–II Order,                    provide to the Commission the legal                    provide a detailed statement of any
                                                and the MF–II Challenge Process Order                   name of the entity, its FRN, and the                   change made to the proposed rule(s) as
                                                (collectively, the MF–II Orders). This                  name(s) and email address(es) of the                   a result of those comments.
                                                Supplemental Final Regulatory                           user(s) (up to a maximum of three users)                  21. The Chief Counsel did not file any
                                                Flexibility Analysis (SFRFA)                            that should be granted access to the                   comments in response to the proposed
                                                supplements the FRFAs in the MF–II                      portal. Any government entity (i.e., a                 procedures in this proceeding.
                                                Orders to reflect the actions taken in the              local, state, or Tribal government entity)             4. Description and Estimate of the
                                                MF–II Challenge Process Handset Public                  that wishes to participate in the                      Number of Small Business Entities To
                                                Notice and conforms to the RFA.                         challenge process also must provide the                Which the Procedures Will Apply
                                                                                                        legal name of the entity, its legal
                                                1. Need for, and Objectives of, The MF–                 jurisdiction, and the name(s) and email                   22. The RFA directs agencies to
                                                II Challenge Process Handset Public                     address(es) of the user(s) (up to a                    provide a description of and, where
                                                Notice                                                  maximum of three users) that should be                 feasible, an estimate of the number of
                                                   13. The MF–II Challenge Process                      granted access to the portal. A web-                   small entities that may be affected by
                                                Handset Public Notice provides further                  based form will be used to collect this                the proposed rules, if adopted herein.
                                                requirements on the handsets that                       information. A party that files a waiver               The RFA generally defines the term
                                                mobile wireless providers in the MF–II                  petition with the Commission seeking to                ‘‘small entity’’ as having the same
                                                challenge process must designate for                    participate in the MF–II challenge                     meaning as the terms ‘‘small business,’’
                                                challengers to use when conducting                      process as a challenger (because it is not             ‘‘small organization,’’ and ‘‘small
                                                speed tests in areas deemed                             a service provider or a government                     governmental jurisdiction.’’ In addition,
                                                presumptively ineligible for MF–II                      entity), must submit the first and last                the term ‘‘small business’’ has the same
                                                support. In addition, the MF–II                         name of the user(s) that should have                   meaning as the term ‘‘small business
                                                Challenge Process Handset Public                        access to the portal on its behalf, and                concern’’ under the Small Business Act.
                                                Notice adopts procedures for                            the email address(es) of the user(s), up               A ‘‘small business concern’’ is one
                                                challengers to request access to the                    to a maximum of three users, as part of                which: (1) Is independently owned and
                                                USAC challenge process portal.                          its petition for waiver.                               operated; (2) is not dominant in its field
                                                   14. Following the release of the MF–                    17. Finally, the requirements                       of operation; and (3) satisfies any
                                                II Orders, the Commission released the                  established in the MF–II Challenge                     additional criteria established by the
                                                MF–II Challenge Process Comment                         Process Handset Public Notice are                      SBA.
                                                Public Notice. The MF–II Challenge                      designed to anticipate the challenges                     23. As noted above, FRFAs were
                                                Process Comment Public Notice                           faced by small entities (e.g.,                         incorporated into the MF–II Orders. In
                                                proposed and sought comment on                          governmental entities or small service                 those analyses, the Bureaus described in
                                                specific parameters and procedures to                   providers) in complying with the                       detail the small entities that might be
                                                implement the MF–II challenge process,                  Bureaus’ implementation of the                         significantly affected. In the MF–II
                                                including requirements for the provider-                Commission’s rules and our proposals.                  Challenge Process Handset Public
                                                approved handsets that prospective                      For example, the requirement that                      Notice, the Bureaus incorporate by
                                                challengers will use to conduct speed                   providers specify a minimum of three                   reference the descriptions and estimates
                                                tests, and the process by which                         devices, at least one of which must be                 of the number of small entities from the
                                                challengers and respondents can request                 running on the Android operating                       previous FRFAs in the MF–II Orders.
                                                access to the USAC portal. The MF–II                    system, is intended to provide small
                                                Challenge Process Comment Public                        entities with sufficient flexibility to                5. Description of Projected Reporting,
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                                                Notice did not change matters adopted                   choose a device that fits their needs and              Recordkeeping, and Other Compliance
                                                in the MF–II Orders and requested                       budgets.                                               Requirements for Small Entities
                                                comment on how the proposals in the                        18. Accordingly, the handset                           24. The data, information and
                                                MF–II Challenge Process Comment                         requirements and portal access                         document collection required by the
                                                Public Notice might affect the previous                 procedures established in the MF–II                    MF–II Orders as described in the
                                                regulatory flexibility analyses in this                 Challenge Process Handset Public                       previous FRFAs and the SIRFA in the
                                                proceeding.                                             Notice are consistent with the MF–II                   MF–II Challenge Process Comment


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                                                                  Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations                                            257

                                                Public Notice in this proceeding are                      29. For further information                             The coordinates or plot points or both
                                                hereby incorporated by reference.                       concerning the MF–II Challenge Process                 from which the maps are generated are
                                                                                                        Comment Public Notice, contact                         included in the administrative record
                                                6. Steps Taken To Minimize the
                                                                                                        Jonathan McCormack, Auctions and                       for the critical habitat designation and
                                                Significant Economic Impact on Small
                                                                                                        Spectrum Access Division, Wireless                     are available at http://
                                                Entities, and Significant Alternatives
                                                                                                        Telecommunications Bureau, at (202)                    www.regulations.gov at Docket No.
                                                Considered
                                                                                                        418–0660.                                              FWS–R4–ES–2016–0031, and at the
                                                   25. The RFA requires an agency to                    Federal Communications Commission.                     Alabama Ecological Services Field
                                                describe any significant alternatives that                                                                     Office (https://www.fws.gov/alabama)
                                                                                                        William W. Huber,                                      (see FOR FURTHER INFORMATION CONTACT).
                                                it has considered in reaching its
                                                proposed approach, which may include                    Associate Chief, Auctions and Spectrum                 Any additional tools or supporting
                                                                                                        Access Division, WTB.                                  information that we developed for this
                                                the following four alternatives (among
                                                others): (1) The establishment of                       [FR Doc. 2017–28421 Filed 1–2–18; 8:45 am]             final rule will also be available at the
                                                differing compliance or reporting                       BILLING CODE 6712–01–P                                 U.S. Fish and Wildlife Service website
                                                requirements or timetables that take into                                                                      and Field Office set out above, and may
                                                account the resources available to small                                                                       also be included in the preamble and at
                                                entities; (2) the clarification,                        DEPARTMENT OF THE INTERIOR                             http://www.regulations.gov.
                                                consolidation, or simplification of                                                                            FOR FURTHER INFORMATION CONTACT:
                                                compliance or reporting requirements                    Fish and Wildlife Service                              William Pearson, Field Supervisor, U.S.
                                                under the rule for small entities; (3) the                                                                     Fish and Wildlife Service (see
                                                use of performance, rather than design,                 50 CFR Part 17                                         ADDRESSES above). Persons who use a
                                                standards; and (4) and exemption from                                                                          telecommunications device for the deaf
                                                coverage of the rule, or any part thereof,              [Docket Nos. FWS–R4–ES–2016–0029 and
                                                                                                        FWS–R4–ES–2016–0031; 4500030113]                       (TDD) may call the Federal Relay
                                                for small entities.                                                                                            Service at 800–877–8339.
                                                   26. The analysis of the Commission’s                 RIN 1018–BA78; RIN 1018–BA79                           SUPPLEMENTARY INFORMATION:
                                                efforts to minimize the possible                                                                                  This document consists of: (1) A final
                                                significant economic impact on small                    Endangered and Threatened Wildlife                     rule to list the Black Warrior waterdog
                                                entities as described in the previous                   and Plants; Endangered Species                         as endangered and (2) a final critical
                                                MF–II Order FRFAs are hereby                            Status for Black Warrior Waterdog and                  habitat designation for the Black
                                                incorporated by reference. As discussed                 Designation of Critical Habitat                        Warrior waterdog.
                                                above, the requirements and procedures
                                                                                                        AGENCY:   Fish and Wildlife Service,                   Executive Summary
                                                established in the MF–II Challenge
                                                                                                        Interior.
                                                Process Handset Public Notice are                                                                                 Why we need to publish a rule. Under
                                                intended to provide small entities with                 ACTION: Final rule.                                    the Endangered Species Act, a species
                                                sufficient flexibility to choose a device               SUMMARY:   We, the U.S. Fish and                       may warrant protection through listing
                                                that fits their needs and budgets thereby               Wildlife Service (Service), determine                  if it is endangered or threatened
                                                minimizing significant economic impact                  endangered species status under the                    throughout all or a significant portion of
                                                on small entities.                                      Endangered Species Act of 1973 (Act),                  its range. Listing a species as an
                                                7. Report to Congress                                   as amended for the Black Warrior                       endangered or threatened species can
                                                                                                        waterdog (Necturus alabamensis) and                    only be completed by issuing a rule.
                                                   27. The Commission will send a copy                  designate critical habitat. The effect of                 What this rule does. This rule will
                                                of the MF–II Challenge Process Handset                  this regulation will be to add this                    finalize the listing of the Black Warrior
                                                Public Notice, including this SFRFA, in                 species to the List of Endangered and                  waterdog (Necturus alabamensis) as an
                                                a report to Congress pursuant to the                    Threatened Wildlife and designate                      endangered species and will finalize
                                                Congressional Review Act. In addition,                  critical habit for this species. In total,             designation of critical habitat for the
                                                the Commission will send a copy of the                  approximately 673 kilometers (420                      species under the Act. We are
                                                MF–II Challenge Process Handset Public                  miles) of streams and rivers in Blount,                designating critical habitat for the
                                                Notice, including this SFRFA, to the                    Etowah, Jefferson, Lawrence, Marshall,                 species in four units, on public and
                                                Chief Counsel for Advocacy of the SBA.                  Tuscaloosa, Walker, and Winston                        private property totaling 673 kilometers
                                                A copy of the MF–II Challenge Process                   Counties, Alabama, fall within the                     (420 miles) of streams and rivers in
                                                Handset Public Notice, and SFRFA (or                    boundaries of the critical habitat                     Blount, Etowah, Jefferson, Lawrence,
                                                summaries thereof) will also be                         designation.                                           Marshall, Tuscaloosa, Walker, and
                                                published in the Federal Register.                                                                             Winston Counties, Alabama. This rule
                                                                                                        DATES:   This rule is effective February 2,            adds the Black Warrior waterdog to the
                                                IV. Contact Information                                 2018.                                                  List of Endangered and Threatened
                                                   28. For information on the one-time                  ADDRESSES:   This final rule is available              Wildlife in title 50 of the Code of
                                                4G LTE coverage data collection, see 4G                 on the internet at http://                             Federal Regulations at 50 CFR 17.11(h)
                                                LTE Collection Instructions Public                      www.regulations.gov and http://                        and adds critical habitat for this species
                                                Notice, or consult the Commission’s                     www.fws.gov/daphne/. Comments,                         to 50 CFR 17.95(d).
                                                MF–II 4G LTE Data Collection web page                   materials, and documentation that we                      The basis for our action. Under the
                                                at www.fcc.gov/MF2-LTE-Collection.                      considered in this rulemaking will be                  Act, we may determine that a species is
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                                                Please note that responses to the MF–II                 available by appointment, during                       endangered or threatened based on any
                                                4G LTE data collection are due by                       normal business hours, at: U.S. Fish and               of the following five factors: (A) The
                                                January 4, 2018. Parties with questions                 Wildlife Service, Alabama Ecological                   present or threatened destruction,
                                                about the collection should email                       Services Field Office, 1208 Main Street,               modification, or curtailment of its
                                                ltedata@fcc.gov or contact Ken Lynch at                 Daphne, AL 36526; by telephone 251–                    habitat or range; (B) overutilization for
                                                (202) 418–7356 or Ben Freeman at (202)                  441–5184; or by facsimile 251–441–                     commercial, recreational, scientific, or
                                                418–0628.                                               6222.                                                  educational purposes; (C) disease or


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Document Created: 2018-10-26 09:26:32
Document Modified: 2018-10-26 09:26:32
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; requirements and procedures.
DatesParties may submit the list of provider-approved handsets as part of their 4G LTE coverage data filings due by January 4, 2018, or they may elect to supplement those filings with the handset list by no later than thirty days following the publication of this document in the Federal Register.
ContactWireless Telecommunications Bureau, Auction and Spectrum Access Division, Jonathan McCormack, at (202) 418- 0660.
FR Citation83 FR 254 

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