83_FR_35116 83 FR 34974 - Text-Enabled Toll Free Numbers; Toll Free Service Access Codes

83 FR 34974 - Text-Enabled Toll Free Numbers; Toll Free Service Access Codes

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 142 (July 24, 2018)

Page Range34974-34980
FR Document2018-15158

In this document, the Federal Communications Commission adopts a Notice of Proposed Rulemaking (NPRM) seeking comment to determine how a toll free subscriber should make clear its authorization to text- enable a toll free number. To ensure that a toll free subscriber has indeed authorized a toll free number to be text-enabled, the NPRM proposes requiring a toll free subscriber to inform its Responsible Organization (RespOrg) of that authorization and for the RespOrg to update the appropriate records in the toll free SMS Database. The NPRM also seeks comment on what other information, in addition to an SMS Database record reflecting that toll free number has been text-enabled, if any, needs to be captured and centrally managed to protect the integrity of the toll free numbering system, and whether such information should be captured in the SMS Database or some other toll free registry. The intended effect of this NPRM is to clarify and ensure that the toll free SMS Database accurately reflects which toll free numbers are text enabled.

Federal Register, Volume 83 Issue 142 (Tuesday, July 24, 2018)
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Proposed Rules]
[Pages 34974-34980]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15158]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 18-28, CC Docket No. 95-155; FCC 18-77]


Text-Enabled Toll Free Numbers; Toll Free Service Access Codes

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission adopts 
a Notice of Proposed Rulemaking (NPRM) seeking comment to determine how 
a toll free subscriber should make clear its authorization to text-
enable a toll free number. To ensure that a toll free subscriber has 
indeed authorized a toll free number to be text-enabled, the NPRM 
proposes requiring a toll free subscriber to inform its Responsible 
Organization (RespOrg) of that authorization and for the RespOrg to 
update the appropriate records in the toll free SMS Database. The NPRM 
also seeks comment on what other information, in addition to an SMS 
Database record reflecting that toll free number has been text-enabled, 
if any, needs to be captured and centrally managed to protect the 
integrity of the toll free numbering system, and whether such 
information should be captured in the SMS Database or some other toll 
free registry. The intended effect of this NPRM is to clarify and 
ensure that the toll free SMS Database accurately reflects which toll 
free numbers are text enabled.

DATES: Comments are due on or before August 23, 2018, and reply 
comments are due on or before September 7, 2018. Written comments on 
the Paperwork Reduction Act proposed information collection 
requirements must be submitted by the public, Office of Management and 
Budget (OMB), and other interested parties on or before September 24, 
2018.

ADDRESSES: You may submit comments, identified by both WC Docket No. 
18-28, and CC Docket No. 95-155 by any of the following methods:
    [ssquf] Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] Mail: Parties who choose to file by paper must file an 
original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission. 
All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service 
first-class, Express, and Priority mail must be addressed to 445 12th 
Street SW, Washington DC 20554.
    [ssquf] People With Disabilities: To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to fcc504@fcc.gov or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. In addition to filing comments 
with the Secretary, a copy of any comments on the Paperwork Reduction 
Act information collection requirements contained herein should be 
submitted to the Federal Communications Commission via email to 
PRA@fcc.gov and to Nicole Ongele, Federal Communications Commission, 
via email to Nicole.Ongele@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, 
Competition Policy Division, E. Alex Espinoza, at (202) 418-0849, or 
alex.espinoza@fcc.gov. For additional information concerning the 
Paperwork Reduction Act information collection requirements contained 
in this document, send an email to PRA@fcc.gov or contact Nicole Ongele 
at (202) 418-2991.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WC Docket No. 18-28, and CC Docket No. 
95-155, adopted June 7, 2018, and released June 12, 2018. The full text 
of this document is available for public inspection during regular 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street SW, Room CY-A257, Washington, DC 20554. It is available on 
the Commission's website https://www.fcc.gov/document/fcc-takes-steps-prevent-fraud-toll-free-texting-0.

Synopsis

    1. Introduction. We next turn to how a toll free subscriber should 
make clear its authorization to text-enable a toll free number. To 
ensure that a toll free subscriber has indeed authorized a toll free 
number to be text-enabled, we propose to require a toll free subscriber 
to inform its RespOrg of that authorization and for the RespOrg to 
update the appropriate records in the toll free SMS Database. This 
proposal will ensure that there is a single,

[[Page 34975]]

authoritative registry for what toll free numbers have been text-
enabled by their subscribers. We also seek comment on what other 
information, in addition to an SMS Database record reflecting that the 
toll free number has been text-enabled, if any, needs to be captured 
and centrally managed to protect the integrity of the toll free 
numbering system, and whether such information should be captured in 
the SMS Database or some other toll free registry.
    2. Toll Free Subscriber Responsibility. Our proposal that a toll 
free subscriber notify its RespOrg of its authorization to text-enable 
a toll free number is consistent with our Declaratory Ruling and will 
protect the integrity of our toll free system, both for traditional 
voice service and more recent texting services. Moreover, this 
requirement will ensure that text-enabling information is captured by 
the RespOrg for inclusion in the SMS Database, enabling the TFNA to 
protect the integrity of the toll free number system. Whether that 
information also should be captured in a separate toll free texting 
registry or registries is discussed below.
    3. RespOrg Responsibilities. We seek to make recording a 
subscriber's authorization to text-enable a toll free number as simple 
and efficient as possible to further our policy goal of promoting the 
innovative texting feature of these numbers, while also protecting the 
use of toll free numbers for traditional voice service subscribers. Our 
current rules already establish the role and obligations of a RespOrg 
to ``manage and administer the appropriate records in the toll free 
Service Management System for the toll free subscriber.'' We propose 
that this duty include the duty to update the SMS Database as to 
whether a number has been text-enabled, as well as to update the 
database should the subscriber choose to no longer use its toll free 
number for texting. Do parties agree with this proposed RespOrg 
obligation and the accompanying requirement?
    4. We believe that requiring RespOrgs to update the SMS Database 
when a toll free number is text-enabled will help alleviate concerns 
that unassigned toll free numbers could be text-enabled because the 
RespOrg, in attempting to update the database, would realize if the 
toll free number to be text-enabled is reserved by a RespOrg or not. If 
not, the toll free number may not be text-enabled as clarified in our 
Declaratory Ruling. Are there other approaches we should consider, such 
as the approach recommended by CTIA to allow the industry to decide how 
to implement a toll free subscriber's authorization to text-enable a 
toll free number? What impact would such an approach have on the 
existing toll free system? Are there pros and cons to this approach 
and, if so, what are they? What other issues should we consider with 
respect to documenting a subscriber's authorization to text-enable a 
toll free number?
    5. Text-Enabling Information To Be Captured. We also seek comment 
on what other information--beyond the subscriber's authorization to 
text-enable the toll free number--should be captured and centrally 
managed to avoid confusion about the status of a toll free number and 
to prevent potential abuse, such as spoofing or fraud. Should we 
require inclusion of information such as the business name and address 
of the subscriber? Should we also require inclusion of a point of 
contact who can make decisions pertaining to the number? Should 
information be captured about the messaging provider that text-enabled 
the toll free number, such as its name and contact information? What 
about routing information? Does that information need to be captured in 
a centrally-managed database to ensure that sent text messages are 
properly routed and received? Is there any information that should be 
captured to manage the voice and texting aspects of a toll free number 
and to ensure that voice services are not interrupted by the text-
enabling of the toll free number and vice versa? What other types of 
information might be necessary to protect the integrity of the toll 
free system that should be captured in a centrally managed database?
    6. Where To Include Text-Enabling Information. Are there reasons 
the Commission should establish a separate registry solely to enable 
and manage toll free text messaging, or could all relevant information 
about a text-enabled number simply be captured in a separate field or 
fields in the existing SMS Database? What would be the benefits of a 
separate registry? We note some commenters in the record claim that 
without a centralized toll free texting registry, ``the toll-free voice 
industry is itself threatened because all toll-free number owners are 
now at risk by having their security, branding, and customers 
compromised by this dangerous situation.'' Are there reasons these 
concerns could not be adequately addressed by adding a field to the SMS 
Database to reflect the text-enabling of a toll free number? Are there 
legal or administrative issues to including this information in the 
already established SMS Database? Would there be benefits to having all 
voice and text-enabled numbers registered in the SMS Database?
    7. Alternatively, if parties believe a separate registry is needed, 
who should have access to such a registry? Should it be limited to 
RespOrgs, or open to messaging providers or others (and, if so, whom)? 
Also, should we consider multiple registries or would having a single 
registry be more efficient for the toll free subscriber to address any 
issues or concerns raised by text-enabling and thereby more effectively 
prevent abuse or fraud? Would being able to access a single registry 
rather than multiple registries be less burdensome to RespOrgs and 
messaging providers? Would multiple registries cause confusion for 
entities that text-enable toll free numbers as to which registry to 
use? Would these entities need to know all the registries and be 
required to make sure a text-enabled toll free number is registered 
with each one? How would the Commission, state commissions, or law 
enforcement agencies manage a process that could require accessing 
multiple registries for information on a particular text-enabled toll 
free number? Would the sum of the costs of multiple registry 
administrators be higher than the costs incurred by a single registry 
administrator?
    8. Alternatively, are there benefits to a multi-registry system we 
should consider? CTIA argues that the Commission, ``should not assume 
that the approach to selecting a single vendor of toll free registry 
services in the context of voice telecommunications services should be 
extended to messaging.'' What are the benefits of a multi-registry 
system? Do they outweigh the efficiencies of a single registry? We 
invite interested stakeholders to address these questions.
    9. If we determine that a single toll free texting registry is 
appropriate, should we make, as recommended by some commenters, the 
TFNA the registrar as part of its overall toll free number 
administration responsibilities? The TFNA has developed a toll free 
texting registry--the ``TSS Registry''--which is being used by some 
industry members. Some commenters support its use as the single 
registry of text-enabled toll free numbers, and maintain that the TFNA 
is the proper entity to operate the toll free texting registry; it has 
already been deemed ``impartial'' by the Commission and is required to 
make toll free numbers available ``on an equitable basis'' pursuant to 
section 251(e)(1) of the Act. Would Somos, the current TFNA, be neutral 
in its role as operator of the toll free texting registry?
    10. On the other hand, some commenters oppose designating the 
current SMS Database or TSS Registry as the single authorized text-
enabled toll

[[Page 34976]]

free registry. Would such an approach ``lock the wireless industry into 
a monopoly relationship with Somos''? Would allowing Somos to 
administer both the SMS Database and a separate toll free texting 
registry make the system a more likely target for a Denial of Service 
attack? What other concerns, if any, do commenters have? Are those 
concerns limited to designating Somos to manage the single text-
enabling registry or do they extend to the Commission designating any 
administrator over a single database?
    11. Administration. We seek comment on issues that likely would 
arise should we determine, based on the record, to require a RespOrg to 
record a subscriber's authorization to text-enable a toll free number 
in the SMS Database or to otherwise require such authorization to be 
recorded in any separately managed toll free texting registry. 
Initially, if adopted, our proposed rule would require any entity that 
text-enables a toll free number on behalf of a business or non-profit 
organization to reflect that number in the SMS Database, and we seek 
comment on whether such information also should be captured in any 
separate toll free texting registry. To ensure that we capture all 
text-enabled toll free numbers in any appropriate database or registry, 
we propose to apply this same requirement to those numbers that have 
already been text-enabled. We also propose that in order to effectuate 
this requirement, entities would be required within six months of the 
effective date of the new rule to enter into the SMS Database or any 
toll free texting registry all numbers they had text-enabled. We seek 
comment on these proposals. What registration process should be 
employed to enter all these numbers? Is six months sufficient time for 
the registration process to be completed? Would the benefit of having 
all text-enabled numbers registered outweigh the burden of the 
registration process?
    12. Commission Role. We seek comment on what role, if any, the 
Commission should have in choosing a toll free texting registrar or 
registrars and in overseeing any toll free texting registries. In 
addition, section 251(e) of the Communications Act requires that the 
Commission create or designate one or more impartial entities to 
administer telecommunications numbering. The neutrality criteria set 
forth in Sec.  52.12(a)(1) of our rules explains the statutory 
requirement by adopting a test to establish neutrality. We expect that 
any entity that administers a toll free texting registry must meet the 
neutrality requirements of the Act and our implementing rules, just as 
Somos must meet those requirements in administering the toll free 
number database. We seek comment on these views.
    13. Maintaining Status Quo. Finally, we seek comment on the pros 
and cons of maintaining the status quo and not mandating that 
information about toll free numbers that have been text-enabled be 
captured in either the SMS Database or in a separate toll free text-
enabling registry or registries. Should we take the view that toll free 
texting is a nascent offering which is still evolving, such that the 
Commission should not get involved in the registry issue at this time? 
If so, what are the advantages and disadvantages to such an approach? 
Are there any other potential impacts of our proposals on this emerging 
feature of toll free service?
    14. Legal Authority. As stated above, section 251(e)(1) of the Act 
gives us ``exclusive jurisdiction over those portions of the North 
American Numbering Plan that pertain to the United States'' and 
provides that numbers must be made ``available on an equitable basis.'' 
Under the Commission's rules implementing that section of the Act, a 
toll free subscriber reserves a number in the toll free database in 
order for it to receive calls made to that number. Accordingly, we 
retain ``authority to set policy with respect to all facets of 
numbering administration in the United States.''
    15. In this NPRM, we propose, pursuant to that same authority, that 
a toll free subscriber must inform its RespOrg of its authorization to 
text-enable a toll free number and that the RespOrg must update the 
appropriate records in the SMS Database. We believe these additional 
steps will help safeguard the toll free number assignment process in 
general and the toll free text-enabling process in particular by 
alleviating confusion about the status of a toll free number, and will 
also prevent any potential abuse, such as spoofing or fraud. For this 
reason and those previously discussed in this NPRM, the proposals 
herein further our statutory mandate to set policy on numbering 
administration in the United States. We also seek comment herein on a 
number of additional measures to promote these same goals and that, if 
adopted, would also rely upon our numbering authority under section 
251(e)(1) of the Act. We invite comment on the sources of authority 
discussed above.

I. Initial Regulatory Flexibility Analysis

    16. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in this Notice of Proposed Rulemaking (NPRM). The Commission 
requests written public comments on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments provided in the DATES section of the NPRM. The Commission 
will send a copy of the NPRM, including this IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA). In addition, 
the NPRM and IRFA (or summaries thereof) will be published in the 
Federal Register.
A. Need for, and Objectives of, the Proposed Rules
    17. In this NPRM, we propose that a toll free subscriber must 
inform its RespOrg of its authorization to text-enable a toll free 
number and that the RespOrg must update the appropriate records in the 
SMS Database. We believe this proposal will further safeguard the toll 
free text-enabling process, and fulfill our statutory mandate that 
numbers be made available on an equitable basis. We also believe this 
additional step are necessary to avoid any confusion about the status 
of a toll free number and to prevent any potential abuse, such as 
spoofing or fraud. We seek comment by interested stakeholders on this 
proposed rule.
B. Legal Basis
    18. The legal basis for any action that may be taken pursuant to 
this NPRM is contained in sections 1, 4(i), 201(b), and 251(e)(1) of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
201(b), and 251(e)(1).
C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply
    19. 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 rule revisions, if adopted. The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small-business concern'' under the 
Small Business Act. A ``small-business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any

[[Page 34977]]

additional criteria established by the SBA.
    20. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive small entity size standards that could 
be directly affected herein. First, while there are industry specific 
size standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the SBA's Office of 
Advocacy, in general a small business is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States which translates to 28.8 
million businesses. Next, the type of small entity described as a 
``small organization'' is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' Nationwide, as of 2007, there were approximately 1,621,215 
small organizations. Finally, the small entity described as a ``small 
governmental jurisdiction'' is defined generally as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data published in 2012 indicate that there were 89,476 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, as many as 88,761 entities may qualify as ``small 
governmental jurisdictions.'' Thus, we estimate that most governmental 
jurisdictions are small.
    21. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' The SBA has developed a small business size standard 
for Wired Telecommunications Carriers, which consists of all such 
companies having 1,500 or fewer employees. Census data for 2012 show 
that there were 3,117 firms that operated that year. Of this total, 
3,083 operated with fewer than 1,000 employees. Thus, under this size 
standard, the majority of firms in this industry can be considered 
small.
    22. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers as defined above. 
Under the applicable SBA size standard, such a business is small if it 
has 1,500 or fewer employees. According to Commission data, census data 
for 2012 shows that there were 3,117 firms that operated that year. Of 
this total, 3,083 operated with fewer than 1,000 employees. The 
Commission therefore estimates that most providers of local exchange 
carrier service are small entities that may be affected by the rules 
adopted.
    23. Incumbent LECs. Neither the Commission nor the SBA has 
developed a small business size standard specifically for incumbent 
local exchange services. The closest applicable NAICS Code category is 
Wired Telecommunications Carriers as defined above. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 3,117 firms operated in that year. Of 
this total, 3,083 operated with fewer than 1,000 employees. 
Consequently, the Commission estimates that most providers of incumbent 
local exchange service are small businesses that may be affected by the 
rules and policies adopted. Three hundred and seven (307) Incumbent 
Local Exchange Carriers reported that they were incumbent local 
exchange service providers. Of this total, an estimated 1,006 have 
1,500 or fewer employees.
    24. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate NAICS Code category is Wired 
Telecommunications Carriers, as defined above. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
U.S. Census data for 2012 indicate that 3,117 firms operated during 
that year. Of that number, 3,083 operated with fewer than 1,000 
employees. Based on this data, the Commission concludes that the 
majority of Competitive LECS, CAPs, Shared-Tenant Service Providers, 
and Other Local Service Providers, are small entities. According to 
Commission data, 1,442 carriers reported that they were engaged in the 
provision of either competitive local exchange services or competitive 
access provider services. Of these 1,442 carriers, an estimated 1,256 
have 1,500 or fewer employees. In addition, 17 carriers have reported 
that they are Shared-Tenant Service Providers, and all 17 are estimated 
to have 1,500 or fewer employees. Also, 72 carriers have reported that 
they are Other Local Service Providers. Of this total, 70 have 1,500 or 
fewer employees. Consequently, based on internally researched FCC data, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities.
    25. We have included small incumbent LECs in this present RFA 
analysis. As noted above, a ``small business'' under the RFA is one 
that, inter alia, meets the pertinent small business size standard 
(e.g., a telephone communications business having 1,500 or fewer 
employees), and ``is not dominant in its field of operation.'' The 
SBA's Office of Advocacy contends that, for RFA purposes, small 
incumbent LECs are not dominant in their field of operation because any 
such dominance is not ``national'' in scope. We have therefore included 
small incumbent LECs in this RFA analysis, although we emphasize that 
this RFA action has no effect on Commission analyses and determinations 
in other, non-RFA contexts.
    26. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers as defined 
above. The applicable size standard under SBA rules is that such a 
business is small if it has 1,500 or fewer employees. U.S. Census data 
for 2012 indicates that 3,117 firms operated during that year. Of that 
number, 3,083 operated with fewer than 1,000 employees. According to 
internally developed Commission data, 359 companies reported that their 
primary telecommunications service activity was the provision of 
interexchange services. Of this total, an estimated 317 have 1,500 or 
fewer employees. Consequently, the Commission estimates that the 
majority of IXCs are

[[Page 34978]]

small entities that may be affected by our proposed rule.
    27. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. The 
Telecommunications Resellers industry comprises establishments engaged 
in purchasing access and network capacity from owners and operators of 
telecommunications networks and reselling wired and wireless 
telecommunications services (except satellite) to businesses and 
households. Establishments in this industry resell telecommunications; 
they do not operate transmission facilities and infrastructure. Mobile 
virtual network operators (MVNOs) are included in this industry. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 show that 1,341 firms provided resale 
services during that year. Of that number, all operated with fewer than 
1,000 employees. Thus, under this category and the associated small 
business size standard, the majority of these prepaid calling card 
providers can be considered small entities.
    28. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code Category is 
Telecommunications Resellers. The Telecommunications Resellers industry 
comprises establishments engaged in purchasing access and network 
capacity from owners and operators of telecommunications networks and 
reselling wired and wireless telecommunications services (except 
satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA has developed a small business 
size standard for the category of Telecommunications Resellers. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 show that 1,341 firms provided resale 
services during that year. Of that number, 1,341 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small business size standard, the majority of these resellers can be 
considered small entities. According to Commission data, 881 carriers 
have reported that they are engaged in the provision of toll resale 
services. Of this total, an estimated 857 have 1,500 or fewer 
employees. Consequently, the Commission estimates that the majority of 
toll resellers are small entities.
    29. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined above. Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees. Census data for 2012 shows that there were 3,117 
firms that operated that year. Of this total, 3,083 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small business size standard, the majority of Other Toll Carriers can 
be considered small. According to internally developed Commission data, 
284 companies reported that their primary telecommunications service 
activity was the provision of other toll carriage. Of these, an 
estimated 279 have 1,500 or fewer employees. Consequently, the 
Commission estimates that most Other Toll Carriers are small entities 
that may be affected by the proposed rules, herein adopted.
    30. Prepaid Calling Card Providers. The SBA has developed a 
definition for small businesses within the category of 
Telecommunications Resellers. Under that SBA definition, such a 
business is small if it has 1,500 or fewer employees. According to the 
Commission's Form 499 Filer Database, 500 companies reported that they 
were engaged in the provision of prepaid calling cards. The Commission 
does not have data regarding how many of these 500 companies have 1,500 
or fewer employees. Consequently, the Commission estimates that there 
are 500 or fewer prepaid calling card providers that may be affected by 
the rules.
    31. Wireless Telecommunications Carriers (Except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census data for 2012 show that there were 967 firms that operated for 
the entire year. Of this total, 955 firms had employment of 999 or 
fewer employees and 12 had employment of 1,000 employees or more. Thus 
under this category and the associated size standard, the Commission 
estimates that the majority of wireless telecommunications carriers 
(except satellite) are small entities.
    32. The Commission's own data--available in its Universal Licensing 
System--indicate that, as of October 25, 2016, there are 280 Cellular 
licensees that will be affected by our actions today. The Commission 
does not know how many of these licensees are small, as the Commission 
does not collect that information for these types of entities. 
Similarly, according to internally developed Commission data, 413 
carriers reported that they were engaged in the provision of wireless 
telephony, including cellular service, Personal Communications Service, 
and Specialized Mobile Radio Telephony services. Of this total, an 
estimated 261 have 1,500 or fewer employees, and 152 have more than 
1,500 employees. Thus, using available data, we estimate that the 
majority of wireless firms can be considered small.
    33. Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these definitions.
    34. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. As noted, the SBA has developed a small business 
size standard for Wireless Telecommunications Carriers (except 
Satellite). Under the SBA small business size standard, a business is 
small if it has 1,500 or fewer employees. According to Commission data, 
413 carriers reported that they were engaged in wireless telephony. Of 
these, an estimated 261 have 1,500 or fewer employees and 152 have more 
than 1,500 employees. Therefore, a little less than one third of these 
entities can be considered small.
    35. Cable and Other Subscription Programming. This industry 
comprises establishments primarily engaged in operating studios and 
facilities for the broadcasting of programs on a subscription or fee 
basis. The broadcast programming is typically narrowcast in

[[Page 34979]]

nature (e.g., limited format, such as news, sports, education, or 
youth-oriented). These establishments produce programming in their own 
facilities or acquire programming from external sources. The 
programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA has established a size standard for this industry 
stating that a business in this industry is small if it has 1,500 or 
fewer employees. The 2012 Economic Census indicates that 367 firms were 
operational for that entire year. Of this total, 357 operated with less 
than 1,000 employees. Accordingly we conclude that a substantial 
majority of firms in this industry are small under the applicable SBA 
size standard.
    36. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are currently 4,600 active cable 
systems in the United States. Of this total, all but eleven cable 
operators nationwide are small under the 400,000-subscriber size 
standard. In addition, under the Commission's rate regulation rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Current Commission records show 4,600 cable systems nationwide. Of this 
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers, based on the same records. 
Thus, under this standard as well, we estimate that most cable systems 
are small entities.
    37. Cable System Operators (Telecom Act Standard). The 
Communications Act also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' There are approximately 52,403,705 cable video 
subscribers in the United States today. Accordingly, an operator 
serving fewer than 524,037 subscribers shall be deemed a small operator 
if its annual revenues, when combined with the total annual revenues of 
all its affiliates, do not exceed $250 million in the aggregate. Based 
on available data, we find that all but nine incumbent cable operators 
are small entities under this size standard. We note that the 
Commission neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million. Although it seems certain that some of 
these cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million, we are unable at this time to 
estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
    38. All Other Telecommunications. The ``All Other 
Telecommunications'' industry is comprised of establishments that are 
primarily engaged in providing specialized telecommunications services, 
such as satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from, satellite systems. Establishments providing internet services or 
voice over internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry. The 
SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census data for 2012 show that there were 1,442 firms that operated for 
the entire year. Of these firms, a total of 1,400 had gross annual 
receipts of less than $25 million. Thus a majority of ``All Other 
Telecommunications'' firms potentially affected by our action can be 
considered small.
D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    39. The NPRM proposes and seeks comment on a rule change that will 
affect toll free text-enablement. In particular, we propose a revised 
definition for the Service Management System Database Sec.  52.101(d). 
The NPRM seeks comment on this proposal.
E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    40. The RFA requires an agency to describe any significant, 
specifically small business, 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 and 
reporting requirements under the rules for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.
    41. In this NPRM, we propose that a toll free subscriber must 
inform its RespOrg of its authorization to text-enable a toll free 
number and that the RespOrg must update the appropriate records in the 
SMS Database. We believe this proposal will further safeguard the toll 
free text-enabling process, and fulfill our statutory mandate that 
numbers be made available on an equitable basis. The NPRM also seeks 
comment on administrative issues to implement the proposed registry 
that would not be overly burdensome on RespOrgs and messaging 
providers. For example, we seek comment on whether toll free texting 
information should be included in the SMS Database or if there should 
be a single toll free texting registry, as opposed to multiple 
registries, to limit burden on RespOrgs and messaging providers some of 
which may be small entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    42. None.

II. Procedural Matters

A. Comment Filing Procedures
    43. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated in the DATES section of 
this document in Dockets WC 17-192, and CC 95-155. Comments may be 
filed using the Commission's Electronic Comment Filing System (ECFS). 
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 
24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial

[[Page 34980]]

overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
     People With Disabilities: To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to fcc504@fcc.gov or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).
    44. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
B. Initial Regulatory Flexibility Analysis
    45. Pursuant to the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and actions considered in this Notice of Proposed 
Rulemaking. The text of the IRFA is set forth above. Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comment on 
the Notice of Proposed Rulemaking. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of this Notice of Proposed Rulemaking, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA).
C. Paperwork Reduction Act
    46. This document may contain proposed new or modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, we seek specific comment on how we might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
D. Contact Person
    47. For further information about this proceeding, please contact 
E. Alex Espinoza, FCC Wireline Competition Bureau, Competition Policy 
Division, Room 5-C211, 445 12th Street SW, Washington, DC 20554, at 
(202) 418-0849 or Alex.Espinoza@fcc.gov.

III. Ordering Clauses

    1. Accordingly, it is ordered, pursuant to sections 1, 4(i), 
201(b), and 251(e) of the Communication Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 201(b), and 251(e)(1) that this Notice of Proposed 
Rulemaking is adopted.
    2. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 52

    Numbering.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons set forth in the preamble, the Federal 
Communications Commission proposes to amend part 52 of title 47 of the 
Code of Federal Regulations as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 is revised to read as follows:

    Authority:  Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 
225-27, 251-52, 271, 332 unless otherwise noted.

Subpart D--Toll Free Numbers

0
2. Amend Sec.  52.101 by revising paragraph (d) to read as follows:


Sec.  52.101  General definitions.

* * * * *
    (d) Service Management System Database (``SMS Database''). The 
administrative database system for toll free numbers. The Service 
Management System is a computer system that enables Responsible 
Organizations to enter and amend the data about toll free numbers 
within their control, including whether a toll free number has been 
text-enabled. The Service Management System shares this information 
with the Service Control Points. The entire system is the SMS Database.
* * * * *
[FR Doc. 2018-15158 Filed 7-23-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                    34974                    Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules

                                                    1,2,4-triazole-1-ylmethyl)-2-3H-                         subscriber has indeed authorized a toll               Junction Drive, Annapolis Junction, MD
                                                    furanone) in or on the raw agricultural                  free number to be text-enabled, the                   20701. U.S. Postal Service first-class,
                                                    commodities tea, dried at 10 parts per                   NPRM proposes requiring a toll free                   Express, and Priority mail must be
                                                    million (ppm); and tea, instant at 10                    subscriber to inform its Responsible                  addressed to 445 12th Street SW,
                                                    ppm. The analytical methodology                          Organization (RespOrg) of that                        Washington DC 20554.
                                                    column chromatography and nitrogen                       authorization and for the RespOrg to                     D People With Disabilities: To request
                                                    -phosphorus detection (NPD) gas                          update the appropriate records in the                 materials in accessible formats for
                                                    chromatography detection is used to                      toll free SMS Database. The NPRM also                 people with disabilities (Braille, large
                                                    measure and evaluate the chemical                        seeks comment on what other                           print, electronic files, audio format),
                                                    fenbuconazole. Contact: RD.                              information, in addition to an SMS                    send an email to fcc504@fcc.gov or call
                                                       18. PP 8F8661. EPA–HQ–OPP–2018–                       Database record reflecting that toll free             the Consumer & Governmental Affairs
                                                    0297. Cheminova A/S, P.O. Box 9, DK–                     number has been text-enabled, if any,                 Bureau at 202–418–0530 (voice), 202–
                                                    7620, Lemvig, Denmark and on behalf of                   needs to be captured and centrally                    418–0432 (TTY).
                                                    FMC Corporation, 2929 Walnut Street,                     managed to protect the integrity of the                  For detailed instructions for
                                                    Philadelphia, PA 19104, requests to                      toll free numbering system, and whether               submitting comments and additional
                                                    establish tolerance in 40 CFR part 180                   such information should be captured in                information on the rulemaking process,
                                                    for residues of the fungicide flutriafol                 the SMS Database or some other toll free              see the SUPPLEMENTARY INFORMATION
                                                    [chemical name (±)-a-(2-fluorophenyl-a-                  registry. The intended effect of this                 section of this document. In addition to
                                                    (4-fluorophenyl)-1H-1,2,4-triazole-                      NPRM is to clarify and ensure that the                filing comments with the Secretary, a
                                                    1-ethanol] in or on the raw agricultural                 toll free SMS Database accurately                     copy of any comments on the
                                                    commodities alfalfa, forage at 15 parts                  reflects which toll free numbers are text             Paperwork Reduction Act information
                                                    per million (ppm); alfalfa, hay at 50                    enabled.                                              collection requirements contained
                                                    ppm; barley, grain at 1.5 ppm; barley,                   DATES: Comments are due on or before                  herein should be submitted to the
                                                    hay at 7.0 ppm; barley, straw at 8.0                     August 23, 2018, and reply comments                   Federal Communications Commission
                                                    ppm; corn, sweet, forage at 9.0 ppm;                     are due on or before September 7, 2018.               via email to PRA@fcc.gov and to Nicole
                                                    corn, sweet, kernels plus cobs with                      Written comments on the Paperwork                     Ongele, Federal Communications
                                                    husks removed at 0.03 ppm; corn,                         Reduction Act proposed information                    Commission, via email to
                                                    sweet, stover at 8 ppm; rice, bran at 0.4                collection requirements must be                       Nicole.Ongele@fcc.gov.
                                                    ppm; rice, grain at 0.5 ppm; rice, hulls                 submitted by the public, Office of                    FOR FURTHER INFORMATION CONTACT:
                                                    at 1.5 ppm; and rice, straw at 0.9 ppm.                  Management and Budget (OMB), and                      Wireline Competition Bureau,
                                                    The analytical methodology gas                           other interested parties on or before                 Competition Policy Division, E. Alex
                                                    chromatography (GC) employing mass                       September 24, 2018.                                   Espinoza, at (202) 418–0849, or
                                                    selective (MSD) detection and or HPLC/                   ADDRESSES: You may submit comments,                   alex.espinoza@fcc.gov. For additional
                                                    UPLC employing tandem mass                               identified by both WC Docket No. 18–                  information concerning the Paperwork
                                                    spectrometric (MS/MS) detection is                       28, and CC Docket No. 95–155 by any                   Reduction Act information collection
                                                    used to measure and evaluate the                         of the following methods:                             requirements contained in this
                                                    chemical flutriafol. Contact: RD.                           D Federal Communications                           document, send an email to PRA@
                                                       Authority: 21 U.S.C. 346a.                            Commission’s Website: http://                         fcc.gov or contact Nicole Ongele at (202)
                                                      Dated: July 10, 2018.                                  apps.fcc.gov/ecfs/. Follow the                        418–2991.
                                                    Hamaad Syed,
                                                                                                             instructions for submitting comments.                 SUPPLEMENTARY INFORMATION: This is a
                                                                                                                D Mail: Parties who choose to file by              summary of the Commission’s Notice of
                                                    Acting Director, Information Technology and
                                                                                                             paper must file an original and one copy              Proposed Rulemaking (NPRM) in WC
                                                    Resources Management Division, Office of
                                                    Pesticide Programs.                                      of each filing. If more than one docket               Docket No. 18–28, and CC Docket No.
                                                                                                             or rulemaking number appears in the                   95–155, adopted June 7, 2018, and
                                                    [FR Doc. 2018–15722 Filed 7–23–18; 8:45 am]
                                                                                                             caption of this proceeding, filers must               released June 12, 2018. The full text of
                                                    BILLING CODE 6560–50–P
                                                                                                             submit two additional copies for each                 this document is available for public
                                                                                                             additional docket or rulemaking                       inspection during regular business
                                                                                                             number. Filings can be sent by hand or                hours in the FCC Reference Information
                                                    FEDERAL COMMUNICATIONS                                   messenger delivery, by commercial                     Center, Portals II, 445 12th Street SW,
                                                    COMMISSION                                               overnight courier, or by first-class or               Room CY–A257, Washington, DC 20554.
                                                                                                             overnight U.S. Postal Service mail. All               It is available on the Commission’s
                                                    47 CFR Part 52
                                                                                                             filings must be addressed to the                      website https://www.fcc.gov/document/
                                                    [WC Docket No. 18–28, CC Docket No. 95–                  Commission’s Secretary, Office of the                 fcc-takes-steps-prevent-fraud-toll-free-
                                                    155; FCC 18–77]                                          Secretary, Federal Communications                     texting-0.
                                                                                                             Commission. All hand-delivered or
                                                    Text-Enabled Toll Free Numbers; Toll                     messenger-delivered paper filings for                 Synopsis
                                                    Free Service Access Codes                                the Commission’s Secretary must be                       1. Introduction. We next turn to how
                                                    AGENCY:  Federal Communications                          delivered to FCC Headquarters at 445                  a toll free subscriber should make clear
                                                    Commission.                                              12th St. SW, Room TW–A325,                            its authorization to text-enable a toll free
                                                                                                             Washington, DC 20554. The filing hours                number. To ensure that a toll free
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    ACTION: Proposed rule.
                                                                                                             are 8:00 a.m. to 7:00 p.m. All hand                   subscriber has indeed authorized a toll
                                                    SUMMARY:    In this document, the Federal                deliveries must be held together with                 free number to be text-enabled, we
                                                    Communications Commission adopts a                       rubber bands or fasteners. Any                        propose to require a toll free subscriber
                                                    Notice of Proposed Rulemaking (NPRM)                     envelopes and boxes must be disposed                  to inform its RespOrg of that
                                                    seeking comment to determine how a                       of before entering the building.                      authorization and for the RespOrg to
                                                    toll free subscriber should make clear its               Commercial overnight mail (other than                 update the appropriate records in the
                                                    authorization to text-enable a toll free                 U.S. Postal Service Express Mail and                  toll free SMS Database. This proposal
                                                    number. To ensure that a toll free                       Priority Mail) must be sent to 9050                   will ensure that there is a single,


                                               VerDate Sep<11>2014   13:58 Jul 23, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\24JYP1.SGM   24JYP1


                                                                             Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules                                           34975

                                                    authoritative registry for what toll free                impact would such an approach have on                    7. Alternatively, if parties believe a
                                                    numbers have been text-enabled by their                  the existing toll free system? Are there              separate registry is needed, who should
                                                    subscribers. We also seek comment on                     pros and cons to this approach and, if                have access to such a registry? Should
                                                    what other information, in addition to                   so, what are they? What other issues                  it be limited to RespOrgs, or open to
                                                    an SMS Database record reflecting that                   should we consider with respect to                    messaging providers or others (and, if
                                                    the toll free number has been text-                      documenting a subscriber’s                            so, whom)? Also, should we consider
                                                    enabled, if any, needs to be captured                    authorization to text-enable a toll free              multiple registries or would having a
                                                    and centrally managed to protect the                     number?                                               single registry be more efficient for the
                                                    integrity of the toll free numbering                        5. Text-Enabling Information To Be                 toll free subscriber to address any issues
                                                    system, and whether such information                     Captured. We also seek comment on                     or concerns raised by text-enabling and
                                                    should be captured in the SMS Database                   what other information—beyond the                     thereby more effectively prevent abuse
                                                    or some other toll free registry.                        subscriber’s authorization to text-enable             or fraud? Would being able to access a
                                                       2. Toll Free Subscriber Responsibility.               the toll free number—should be                        single registry rather than multiple
                                                    Our proposal that a toll free subscriber                 captured and centrally managed to                     registries be less burdensome to
                                                    notify its RespOrg of its authorization to               avoid confusion about the status of a toll            RespOrgs and messaging providers?
                                                    text-enable a toll free number is                        free number and to prevent potential                  Would multiple registries cause
                                                    consistent with our Declaratory Ruling                   abuse, such as spoofing or fraud. Should              confusion for entities that text-enable
                                                    and will protect the integrity of our toll               we require inclusion of information                   toll free numbers as to which registry to
                                                    free system, both for traditional voice                  such as the business name and address                 use? Would these entities need to know
                                                    service and more recent texting services.                of the subscriber? Should we also                     all the registries and be required to
                                                    Moreover, this requirement will ensure                   require inclusion of a point of contact               make sure a text-enabled toll free
                                                    that text-enabling information is                        who can make decisions pertaining to                  number is registered with each one?
                                                    captured by the RespOrg for inclusion                    the number? Should information be                     How would the Commission, state
                                                    in the SMS Database, enabling the                        captured about the messaging provider                 commissions, or law enforcement
                                                    TFNA to protect the integrity of the toll                that text-enabled the toll free number,               agencies manage a process that could
                                                    free number system. Whether that                         such as its name and contact                          require accessing multiple registries for
                                                    information also should be captured in                   information? What about routing                       information on a particular text-enabled
                                                    a separate toll free texting registry or                 information? Does that information need               toll free number? Would the sum of the
                                                    registries is discussed below.                           to be captured in a centrally-managed                 costs of multiple registry administrators
                                                       3. RespOrg Responsibilities. We seek                  database to ensure that sent text                     be higher than the costs incurred by a
                                                    to make recording a subscriber’s                         messages are properly routed and                      single registry administrator?
                                                    authorization to text-enable a toll free                 received? Is there any information that                  8. Alternatively, are there benefits to
                                                    number as simple and efficient as                        should be captured to manage the voice                a multi-registry system we should
                                                    possible to further our policy goal of                   and texting aspects of a toll free number             consider? CTIA argues that the
                                                    promoting the innovative texting feature                 and to ensure that voice services are not             Commission, ‘‘should not assume that
                                                    of these numbers, while also protecting                  interrupted by the text-enabling of the               the approach to selecting a single
                                                    the use of toll free numbers for                         toll free number and vice versa? What                 vendor of toll free registry services in
                                                    traditional voice service subscribers.                   other types of information might be                   the context of voice telecommunications
                                                    Our current rules already establish the                  necessary to protect the integrity of the             services should be extended to
                                                    role and obligations of a RespOrg to                     toll free system that should be captured              messaging.’’ What are the benefits of a
                                                    ‘‘manage and administer the appropriate                  in a centrally managed database?                      multi-registry system? Do they outweigh
                                                    records in the toll free Service                            6. Where To Include Text-Enabling                  the efficiencies of a single registry? We
                                                    Management System for the toll free                      Information. Are there reasons the                    invite interested stakeholders to address
                                                    subscriber.’’ We propose that this duty                  Commission should establish a separate                these questions.
                                                    include the duty to update the SMS                       registry solely to enable and manage toll                9. If we determine that a single toll
                                                    Database as to whether a number has                      free text messaging, or could all relevant            free texting registry is appropriate,
                                                    been text-enabled, as well as to update                  information about a text-enabled                      should we make, as recommended by
                                                    the database should the subscriber                       number simply be captured in a                        some commenters, the TFNA the
                                                    choose to no longer use its toll free                    separate field or fields in the existing              registrar as part of its overall toll free
                                                    number for texting. Do parties agree                     SMS Database? What would be the                       number administration responsibilities?
                                                    with this proposed RespOrg obligation                    benefits of a separate registry? We note              The TFNA has developed a toll free
                                                    and the accompanying requirement?                        some commenters in the record claim                   texting registry—the ‘‘TSS Registry’’—
                                                       4. We believe that requiring RespOrgs                 that without a centralized toll free                  which is being used by some industry
                                                    to update the SMS Database when a toll                   texting registry, ‘‘the toll-free voice               members. Some commenters support its
                                                    free number is text-enabled will help                    industry is itself threatened because all             use as the single registry of text-enabled
                                                    alleviate concerns that unassigned toll                  toll-free number owners are now at risk               toll free numbers, and maintain that the
                                                    free numbers could be text-enabled                       by having their security, branding, and               TFNA is the proper entity to operate the
                                                    because the RespOrg, in attempting to                    customers compromised by this                         toll free texting registry; it has already
                                                    update the database, would realize if the                dangerous situation.’’ Are there reasons              been deemed ‘‘impartial’’ by the
                                                    toll free number to be text-enabled is                   these concerns could not be adequately                Commission and is required to make toll
                                                    reserved by a RespOrg or not. If not, the                addressed by adding a field to the SMS                free numbers available ‘‘on an equitable
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    toll free number may not be text-enabled                 Database to reflect the text-enabling of a            basis’’ pursuant to section 251(e)(1) of
                                                    as clarified in our Declaratory Ruling.                  toll free number? Are there legal or                  the Act. Would Somos, the current
                                                    Are there other approaches we should                     administrative issues to including this               TFNA, be neutral in its role as operator
                                                    consider, such as the approach                           information in the already established                of the toll free texting registry?
                                                    recommended by CTIA to allow the                         SMS Database? Would there be benefits                    10. On the other hand, some
                                                    industry to decide how to implement a                    to having all voice and text-enabled                  commenters oppose designating the
                                                    toll free subscriber’s authorization to                  numbers registered in the SMS                         current SMS Database or TSS Registry
                                                    text-enable a toll free number? What                     Database?                                             as the single authorized text-enabled toll


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                                                    34976                    Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules

                                                    free registry. Would such an approach                    meet those requirements in                            this Initial Regulatory Flexibility
                                                    ‘‘lock the wireless industry into a                      administering the toll free number                    Analysis (IRFA) of the possible
                                                    monopoly relationship with Somos’’?                      database. We seek comment on these                    significant economic impact on a
                                                    Would allowing Somos to administer                       views.                                                substantial number of small entities by
                                                    both the SMS Database and a separate                        13. Maintaining Status Quo. Finally,               the policies and rules proposed in this
                                                    toll free texting registry make the system               we seek comment on the pros and cons                  Notice of Proposed Rulemaking
                                                    a more likely target for a Denial of                     of maintaining the status quo and not                 (NPRM). The Commission requests
                                                    Service attack? What other concerns, if                  mandating that information about toll                 written public comments on this IRFA.
                                                    any, do commenters have? Are those                       free numbers that have been text-                     Comments must be identified as
                                                    concerns limited to designating Somos                    enabled be captured in either the SMS                 responses to the IRFA and must be filed
                                                    to manage the single text-enabling                       Database or in a separate toll free text-             by the deadlines for comments provided
                                                    registry or do they extend to the                        enabling registry or registries. Should               in the DATES section of the NPRM. The
                                                    Commission designating any                               we take the view that toll free texting is            Commission will send a copy of the
                                                    administrator over a single database?                    a nascent offering which is still                     NPRM, including this IRFA, to the Chief
                                                       11. Administration. We seek comment                   evolving, such that the Commission                    Counsel for Advocacy of the Small
                                                    on issues that likely would arise should                 should not get involved in the registry               Business Administration (SBA). In
                                                    we determine, based on the record, to                    issue at this time? If so, what are the               addition, the NPRM and IRFA (or
                                                    require a RespOrg to record a                            advantages and disadvantages to such                  summaries thereof) will be published in
                                                    subscriber’s authorization to text-enable                an approach? Are there any other                      the Federal Register.
                                                    a toll free number in the SMS Database                   potential impacts of our proposals on
                                                    or to otherwise require such                             this emerging feature of toll free service?           A. Need for, and Objectives of, the
                                                    authorization to be recorded in any                         14. Legal Authority. As stated above,              Proposed Rules
                                                    separately managed toll free texting                     section 251(e)(1) of the Act gives us                   17. In this NPRM, we propose that a
                                                    registry. Initially, if adopted, our                     ‘‘exclusive jurisdiction over those                   toll free subscriber must inform its
                                                    proposed rule would require any entity                   portions of the North American                        RespOrg of its authorization to text-
                                                    that text-enables a toll free number on                  Numbering Plan that pertain to the                    enable a toll free number and that the
                                                    behalf of a business or non-profit                       United States’’ and provides that                     RespOrg must update the appropriate
                                                    organization to reflect that number in                   numbers must be made ‘‘available on an                records in the SMS Database. We
                                                    the SMS Database, and we seek                            equitable basis.’’ Under the                          believe this proposal will further
                                                    comment on whether such information                      Commission’s rules implementing that                  safeguard the toll free text-enabling
                                                    also should be captured in any separate                  section of the Act, a toll free subscriber            process, and fulfill our statutory
                                                    toll free texting registry. To ensure that               reserves a number in the toll free                    mandate that numbers be made
                                                    we capture all text-enabled toll free                    database in order for it to receive calls             available on an equitable basis. We also
                                                    numbers in any appropriate database or                   made to that number. Accordingly, we                  believe this additional step are
                                                    registry, we propose to apply this same                  retain ‘‘authority to set policy with                 necessary to avoid any confusion about
                                                    requirement to those numbers that have                   respect to all facets of numbering                    the status of a toll free number and to
                                                    already been text-enabled. We also                       administration in the United States.’’                prevent any potential abuse, such as
                                                    propose that in order to effectuate this                    15. In this NPRM, we propose,                      spoofing or fraud. We seek comment by
                                                    requirement, entities would be required                  pursuant to that same authority, that a               interested stakeholders on this proposed
                                                    within six months of the effective date                  toll free subscriber must inform its                  rule.
                                                    of the new rule to enter into the SMS                    RespOrg of its authorization to text-
                                                    Database or any toll free texting registry               enable a toll free number and that the                B. Legal Basis
                                                    all numbers they had text-enabled. We                    RespOrg must update the appropriate                     18. The legal basis for any action that
                                                    seek comment on these proposals. What                    records in the SMS Database. We                       may be taken pursuant to this NPRM is
                                                    registration process should be employed                  believe these additional steps will help              contained in sections 1, 4(i), 201(b), and
                                                    to enter all these numbers? Is six                       safeguard the toll free number                        251(e)(1) of the Communications Act of
                                                    months sufficient time for the                           assignment process in general and the                 1934, as amended, 47 U.S.C. 151, 154(i),
                                                    registration process to be completed?                    toll free text-enabling process in                    201(b), and 251(e)(1).
                                                    Would the benefit of having all text-                    particular by alleviating confusion about
                                                                                                                                                                   C. Description and Estimate of the
                                                    enabled numbers registered outweigh                      the status of a toll free number, and will
                                                                                                                                                                   Number of Small Entities to Which the
                                                    the burden of the registration process?                  also prevent any potential abuse, such
                                                                                                                                                                   Proposed Rules Will Apply
                                                       12. Commission Role. We seek                          as spoofing or fraud. For this reason and
                                                    comment on what role, if any, the                        those previously discussed in this                       19. The RFA directs agencies to
                                                    Commission should have in choosing a                     NPRM, the proposals herein further our                provide a description of, and where
                                                    toll free texting registrar or registrars                statutory mandate to set policy on                    feasible, an estimate of the number of
                                                    and in overseeing any toll free texting                  numbering administration in the United                small entities that may be affected by
                                                    registries. In addition, section 251(e) of               States. We also seek comment herein on                the proposed rule revisions, if adopted.
                                                    the Communications Act requires that                     a number of additional measures to                    The RFA generally defines the term
                                                    the Commission create or designate one                   promote these same goals and that, if                 ‘‘small entity’’ as having the same
                                                    or more impartial entities to administer                 adopted, would also rely upon our                     meaning as the terms ‘‘small business,’’
                                                    telecommunications numbering. The                                                                              ‘‘small organization,’’ and ‘‘small
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                                                                                                             numbering authority under section
                                                    neutrality criteria set forth in                         251(e)(1) of the Act. We invite comment               governmental jurisdiction.’’ In addition,
                                                    § 52.12(a)(1) of our rules explains the                  on the sources of authority discussed                 the term ‘‘small business’’ has the same
                                                    statutory requirement by adopting a test                 above.                                                meaning as the term ‘‘small-business
                                                    to establish neutrality. We expect that                                                                        concern’’ under the Small Business Act.
                                                    any entity that administers a toll free                  I. Initial Regulatory Flexibility Analysis            A ‘‘small-business concern’’ is one
                                                    texting registry must meet the neutrality                   16. As required by the Regulatory                  which: (1) Is independently owned and
                                                    requirements of the Act and our                          Flexibility Act of 1980, as amended                   operated; (2) is not dominant in its field
                                                    implementing rules, just as Somos must                   (RFA), the Commission has prepared                    of operation; and (3) satisfies any


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                                                                             Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules                                          34977

                                                    additional criteria established by the                   business size standard for Wired                      1,000 employees. Based on this data, the
                                                    SBA.                                                     Telecommunications Carriers, which                    Commission concludes that the majority
                                                       20. Small Businesses, Small                           consists of all such companies having                 of Competitive LECS, CAPs, Shared-
                                                    Organizations, Small Governmental                        1,500 or fewer employees. Census data                 Tenant Service Providers, and Other
                                                    Jurisdictions. Our actions, over time,                   for 2012 show that there were 3,117                   Local Service Providers, are small
                                                    may affect small entities that are not                   firms that operated that year. Of this                entities. According to Commission data,
                                                    easily categorized at present. We                        total, 3,083 operated with fewer than                 1,442 carriers reported that they were
                                                    therefore describe here, at the outset,                  1,000 employees. Thus, under this size                engaged in the provision of either
                                                    three comprehensive small entity size                    standard, the majority of firms in this               competitive local exchange services or
                                                    standards that could be directly affected                industry can be considered small.                     competitive access provider services. Of
                                                    herein. First, while there are industry                     22. Local Exchange Carriers (LECs).                these 1,442 carriers, an estimated 1,256
                                                    specific size standards for small                        Neither the Commission nor the SBA                    have 1,500 or fewer employees. In
                                                    businesses that are used in the                          has developed a size standard for small               addition, 17 carriers have reported that
                                                    regulatory flexibility analysis, according               businesses specifically applicable to                 they are Shared-Tenant Service
                                                    to data from the SBA’s Office of                         local exchange services. The closest                  Providers, and all 17 are estimated to
                                                    Advocacy, in general a small business is                 applicable NAICS Code category is                     have 1,500 or fewer employees. Also, 72
                                                    an independent business having fewer                     Wired Telecommunications Carriers as                  carriers have reported that they are
                                                    than 500 employees. These types of                       defined above. Under the applicable                   Other Local Service Providers. Of this
                                                    small businesses represent 99.9% of all                  SBA size standard, such a business is                 total, 70 have 1,500 or fewer employees.
                                                    businesses in the United States which                    small if it has 1,500 or fewer employees.             Consequently, based on internally
                                                    translates to 28.8 million businesses.                   According to Commission data, census                  researched FCC data, the Commission
                                                    Next, the type of small entity described                 data for 2012 shows that there were                   estimates that most providers of
                                                    as a ‘‘small organization’’ is generally                 3,117 firms that operated that year. Of               competitive local exchange service,
                                                    ‘‘any not-for-profit enterprise which is                 this total, 3,083 operated with fewer                 competitive access providers, Shared-
                                                    independently owned and operated and                     than 1,000 employees. The Commission                  Tenant Service Providers, and Other
                                                    is not dominant in its field.’’                          therefore estimates that most providers               Local Service Providers are small
                                                    Nationwide, as of 2007, there were                       of local exchange carrier service are                 entities.
                                                    approximately 1,621,215 small                            small entities that may be affected by                   25. We have included small
                                                    organizations. Finally, the small entity                 the rules adopted.                                    incumbent LECs in this present RFA
                                                    described as a ‘‘small governmental                         23. Incumbent LECs. Neither the                    analysis. As noted above, a ‘‘small
                                                    jurisdiction’’ is defined generally as                   Commission nor the SBA has developed                  business’’ under the RFA is one that,
                                                    ‘‘governments of cities, towns,                          a small business size standard                        inter alia, meets the pertinent small
                                                    townships, villages, school districts, or                specifically for incumbent local                      business size standard (e.g., a telephone
                                                    special districts, with a population of                  exchange services. The closest                        communications business having 1,500
                                                    less than fifty thousand.’’ U.S. Census                  applicable NAICS Code category is                     or fewer employees), and ‘‘is not
                                                    Bureau data published in 2012 indicate                   Wired Telecommunications Carriers as                  dominant in its field of operation.’’ The
                                                    that there were 89,476 local                             defined above. Under that size standard,              SBA’s Office of Advocacy contends that,
                                                    governmental jurisdictions in the                        such a business is small if it has 1,500              for RFA purposes, small incumbent
                                                    United States. We estimate that, of this                 or fewer employees. According to                      LECs are not dominant in their field of
                                                    total, as many as 88,761 entities may                    Commission data, 3,117 firms operated                 operation because any such dominance
                                                    qualify as ‘‘small governmental                          in that year. Of this total, 3,083 operated           is not ‘‘national’’ in scope. We have
                                                    jurisdictions.’’ Thus, we estimate that                  with fewer than 1,000 employees.                      therefore included small incumbent
                                                    most governmental jurisdictions are                      Consequently, the Commission                          LECs in this RFA analysis, although we
                                                    small.                                                   estimates that most providers of                      emphasize that this RFA action has no
                                                       21. Wired Telecommunications                          incumbent local exchange service are                  effect on Commission analyses and
                                                    Carriers. The U.S. Census Bureau                         small businesses that may be affected by              determinations in other, non-RFA
                                                    defines this industry as ‘‘establishments                the rules and policies adopted. Three                 contexts.
                                                    primarily engaged in operating and/or                    hundred and seven (307) Incumbent                        26. Interexchange Carriers (IXCs).
                                                    providing access to transmission                         Local Exchange Carriers reported that                 Neither the Commission nor the SBA
                                                    facilities and infrastructure that they                  they were incumbent local exchange                    has developed a definition for
                                                    own and/or lease for the transmission of                 service providers. Of this total, an                  Interexchange Carriers. The closest
                                                    voice, data, text, sound, and video using                estimated 1,006 have 1,500 or fewer                   NAICS Code category is Wired
                                                    wired communications networks.                           employees.                                            Telecommunications Carriers as defined
                                                    Transmission facilities may be based on                     24. Competitive Local Exchange                     above. The applicable size standard
                                                    a single technology or a combination of                  Carriers (Competitive LECs),                          under SBA rules is that such a business
                                                    technologies. Establishments in this                     Competitive Access Providers (CAPs),                  is small if it has 1,500 or fewer
                                                    industry use the wired                                   Shared-Tenant Service Providers, and                  employees. U.S. Census data for 2012
                                                    telecommunications network facilities                    Other Local Service Providers. Neither                indicates that 3,117 firms operated
                                                    that they operate to provide a variety of                the Commission nor the SBA has                        during that year. Of that number, 3,083
                                                    services, such as wired telephony                        developed a small business size                       operated with fewer than 1,000
                                                    services, including VoIP services, wired                 standard specifically for these service               employees. According to internally
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    (cable) audio and video programming                      providers. The appropriate NAICS Code                 developed Commission data, 359
                                                    distribution, and wired broadband                        category is Wired Telecommunications                  companies reported that their primary
                                                    internet services. By exception,                         Carriers, as defined above. Under that                telecommunications service activity was
                                                    establishments providing satellite                       size standard, such a business is small               the provision of interexchange services.
                                                    television distribution services using                   if it has 1,500 or fewer employees. U.S.              Of this total, an estimated 317 have
                                                    facilities and infrastructure that they                  Census data for 2012 indicate that 3,117              1,500 or fewer employees.
                                                    operate are included in this industry.’’                 firms operated during that year. Of that              Consequently, the Commission
                                                    The SBA has developed a small                            number, 3,083 operated with fewer than                estimates that the majority of IXCs are


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                                                    34978                    Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules

                                                    small entities that may be affected by                      29. Other Toll Carriers. Neither the               and 12 had employment of 1,000
                                                    our proposed rule.                                       Commission nor the SBA has developed                  employees or more. Thus under this
                                                       27. Local Resellers. The SBA has                      a definition for small businesses                     category and the associated size
                                                    developed a small business size                          specifically applicable to Other Toll                 standard, the Commission estimates that
                                                    standard for the category of                             Carriers. This category includes toll                 the majority of wireless
                                                    Telecommunications Resellers. The                        carriers that do not fall within the                  telecommunications carriers (except
                                                    Telecommunications Resellers industry                    categories of interexchange carriers,                 satellite) are small entities.
                                                    comprises establishments engaged in                      operator service providers, prepaid                      32. The Commission’s own data—
                                                    purchasing access and network capacity                   calling card providers, satellite service             available in its Universal Licensing
                                                    from owners and operators of                             carriers, or toll resellers. The closest              System—indicate that, as of October 25,
                                                    telecommunications networks and                          applicable NAICS Code category is for                 2016, there are 280 Cellular licensees
                                                    reselling wired and wireless                             Wired Telecommunications Carriers as                  that will be affected by our actions
                                                    telecommunications services (except                      defined above. Under the applicable                   today. The Commission does not know
                                                    satellite) to businesses and households.                 SBA size standard, such a business is                 how many of these licensees are small,
                                                    Establishments in this industry resell                   small if it has 1,500 or fewer employees.             as the Commission does not collect that
                                                    telecommunications; they do not                          Census data for 2012 shows that there                 information for these types of entities.
                                                    operate transmission facilities and                      were 3,117 firms that operated that year.             Similarly, according to internally
                                                    infrastructure. Mobile virtual network                   Of this total, 3,083 operated with fewer              developed Commission data, 413
                                                    operators (MVNOs) are included in this                   than 1,000 employees. Thus, under this                carriers reported that they were engaged
                                                    industry. Under that size standard, such                 category and the associated small                     in the provision of wireless telephony,
                                                    a business is small if it has 1,500 or                   business size standard, the majority of               including cellular service, Personal
                                                    fewer employees. Census data for 2012                    Other Toll Carriers can be considered                 Communications Service, and
                                                    show that 1,341 firms provided resale                    small. According to internally                        Specialized Mobile Radio Telephony
                                                    services during that year. Of that                       developed Commission data, 284                        services. Of this total, an estimated 261
                                                    number, all operated with fewer than                     companies reported that their primary                 have 1,500 or fewer employees, and 152
                                                    1,000 employees. Thus, under this                        telecommunications service activity was               have more than 1,500 employees. Thus,
                                                    category and the associated small                        the provision of other toll carriage. Of              using available data, we estimate that
                                                    business size standard, the majority of                  these, an estimated 279 have 1,500 or                 the majority of wireless firms can be
                                                    these prepaid calling card providers can                 fewer employees. Consequently, the                    considered small.
                                                    be considered small entities.                            Commission estimates that most Other                     33. Wireless Communications
                                                       28. Toll Resellers. The Commission                    Toll Carriers are small entities that may             Services. This service can be used for
                                                    has not developed a definition for Toll                  be affected by the proposed rules, herein             fixed, mobile, radiolocation, and digital
                                                    Resellers. The closest NAICS Code                        adopted.                                              audio broadcasting satellite uses. The
                                                    Category is Telecommunications                              30. Prepaid Calling Card Providers.                Commission defined ‘‘small business’’
                                                    Resellers. The Telecommunications                        The SBA has developed a definition for                for the wireless communications
                                                    Resellers industry comprises                             small businesses within the category of               services (WCS) auction as an entity with
                                                    establishments engaged in purchasing                     Telecommunications Resellers. Under                   average gross revenues of $40 million
                                                    access and network capacity from                         that SBA definition, such a business is               for each of the three preceding years,
                                                    owners and operators of                                  small if it has 1,500 or fewer employees.             and a ‘‘very small business’’ as an entity
                                                    telecommunications networks and                          According to the Commission’s Form                    with average gross revenues of $15
                                                    reselling wired and wireless                             499 Filer Database, 500 companies                     million for each of the three preceding
                                                    telecommunications services (except                      reported that they were engaged in the                years. The SBA has approved these
                                                    satellite) to businesses and households.                 provision of prepaid calling cards. The               definitions.
                                                    Establishments in this industry resell                   Commission does not have data                            34. Wireless Telephony. Wireless
                                                    telecommunications; they do not                          regarding how many of these 500                       telephony includes cellular, personal
                                                    operate transmission facilities and                      companies have 1,500 or fewer                         communications services, and
                                                    infrastructure. Mobile virtual network                   employees. Consequently, the                          specialized mobile radio telephony
                                                    operators (MVNOs) are included in this                   Commission estimates that there are 500               carriers. As noted, the SBA has
                                                    industry. The SBA has developed a                        or fewer prepaid calling card providers               developed a small business size
                                                    small business size standard for the                     that may be affected by the rules.                    standard for Wireless
                                                    category of Telecommunications                              31. Wireless Telecommunications                    Telecommunications Carriers (except
                                                    Resellers. Under that size standard, such                Carriers (Except Satellite). This industry            Satellite). Under the SBA small business
                                                    a business is small if it has 1,500 or                   comprises establishments engaged in                   size standard, a business is small if it
                                                    fewer employees. Census data for 2012                    operating and maintaining switching                   has 1,500 or fewer employees.
                                                    show that 1,341 firms provided resale                    and transmission facilities to provide                According to Commission data, 413
                                                    services during that year. Of that                       communications via the airwaves.                      carriers reported that they were engaged
                                                    number, 1,341 operated with fewer than                   Establishments in this industry have                  in wireless telephony. Of these, an
                                                    1,000 employees. Thus, under this                        spectrum licenses and provide services                estimated 261 have 1,500 or fewer
                                                    category and the associated small                        using that spectrum, such as cellular                 employees and 152 have more than
                                                    business size standard, the majority of                  services, paging services, wireless                   1,500 employees. Therefore, a little less
                                                    these resellers can be considered small                  internet access, and wireless video                   than one third of these entities can be
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    entities. According to Commission data,                  services. The appropriate size standard               considered small.
                                                    881 carriers have reported that they are                 under SBA rules is that such a business                  35. Cable and Other Subscription
                                                    engaged in the provision of toll resale                  is small if it has 1,500 or fewer                     Programming. This industry comprises
                                                    services. Of this total, an estimated 857                employees. For this industry, U.S.                    establishments primarily engaged in
                                                    have 1,500 or fewer employees.                           Census data for 2012 show that there                  operating studios and facilities for the
                                                    Consequently, the Commission                             were 967 firms that operated for the                  broadcasting of programs on a
                                                    estimates that the majority of toll                      entire year. Of this total, 955 firms had             subscription or fee basis. The broadcast
                                                    resellers are small entities.                            employment of 999 or fewer employees                  programming is typically narrowcast in


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                                                                             Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules                                           34979

                                                    nature (e.g., limited format, such as                    system operators are affiliated with                  differing compliance or reporting
                                                    news, sports, education, or youth-                       entities whose gross annual revenues                  requirements or timetables that take into
                                                    oriented). These establishments produce                  exceed $250 million. Although it seems                account the resources available to small
                                                    programming in their own facilities or                   certain that some of these cable system               entities; (2) the clarification,
                                                    acquire programming from external                        operators are affiliated with entities                consolidation, or simplification of
                                                    sources. The programming material is                     whose gross annual revenues exceed                    compliance and reporting requirements
                                                    usually delivered to a third party, such                 $250 million, we are unable at this time              under the rules for such small entities;
                                                    as cable systems or direct-to-home                       to estimate with greater precision the                (3) the use of performance rather than
                                                    satellite systems, for transmission to                   number of cable system operators that                 design standards; and (4) an exemption
                                                    viewers. The SBA has established a size                  would qualify as small cable operators                from coverage of the rule, or any part
                                                    standard for this industry stating that a                under the definition in the                           thereof, for such small entities.
                                                    business in this industry is small if it                 Communications Act.                                      41. In this NPRM, we propose that a
                                                    has 1,500 or fewer employees. The 2012                      38. All Other Telecommunications.                  toll free subscriber must inform its
                                                    Economic Census indicates that 367                       The ‘‘All Other Telecommunications’’                  RespOrg of its authorization to text-
                                                    firms were operational for that entire                   industry is comprised of establishments               enable a toll free number and that the
                                                    year. Of this total, 357 operated with                   that are primarily engaged in providing               RespOrg must update the appropriate
                                                    less than 1,000 employees. Accordingly                   specialized telecommunications                        records in the SMS Database. We
                                                    we conclude that a substantial majority                  services, such as satellite tracking,                 believe this proposal will further
                                                    of firms in this industry are small under                communications telemetry, and radar                   safeguard the toll free text-enabling
                                                    the applicable SBA size standard.                        station operation. This industry also                 process, and fulfill our statutory
                                                       36. Cable Companies and Systems                       includes establishments primarily                     mandate that numbers be made
                                                    (Rate Regulation). The Commission has                    engaged in providing satellite terminal               available on an equitable basis. The
                                                    developed its own small business size                    stations and associated facilities                    NPRM also seeks comment on
                                                    standards for the purpose of cable rate                  connected with one or more terrestrial                administrative issues to implement the
                                                    regulation. Under the Commission’s                       systems and capable of transmitting                   proposed registry that would not be
                                                    rules, a ‘‘small cable company’’ is one                  telecommunications to, and receiving                  overly burdensome on RespOrgs and
                                                    serving 400,000 or fewer subscribers                     telecommunications from, satellite                    messaging providers. For example, we
                                                    nationwide. Industry data indicate that                  systems. Establishments providing                     seek comment on whether toll free
                                                    there are currently 4,600 active cable                   internet services or voice over internet              texting information should be included
                                                    systems in the United States. Of this                    protocol (VoIP) services via client-                  in the SMS Database or if there should
                                                    total, all but eleven cable operators                    supplied telecommunications                           be a single toll free texting registry, as
                                                    nationwide are small under the 400,000-                  connections are also included in this                 opposed to multiple registries, to limit
                                                    subscriber size standard. In addition,                   industry. The SBA has developed a                     burden on RespOrgs and messaging
                                                    under the Commission’s rate regulation                   small business size standard for ‘‘All                providers some of which may be small
                                                    rules, a ‘‘small system’’ is a cable system              Other Telecommunications,’’ which                     entities.
                                                    serving 15,000 or fewer subscribers.                     consists of all such firms with gross
                                                                                                                                                                   F. Federal Rules That May Duplicate,
                                                    Current Commission records show 4,600                    annual receipts of $32.5 million or less.
                                                                                                                                                                   Overlap, or Conflict With the Proposed
                                                    cable systems nationwide. Of this total,                 For this category, U.S. Census data for               Rules
                                                    3,900 cable systems have fewer than                      2012 show that there were 1,442 firms
                                                    15,000 subscribers, and 700 systems                      that operated for the entire year. Of                   42. None.
                                                    have 15,000 or more subscribers, based                   these firms, a total of 1,400 had gross               II. Procedural Matters
                                                    on the same records. Thus, under this                    annual receipts of less than $25 million.
                                                    standard as well, we estimate that most                  Thus a majority of ‘‘All Other                        A. Comment Filing Procedures
                                                    cable systems are small entities.                        Telecommunications’’ firms potentially                   43. Pursuant to §§ 1.415 and 1.419 of
                                                       37. Cable System Operators (Telecom                   affected by our action can be considered              the Commission’s rules, 47 CFR 1.415,
                                                    Act Standard). The Communications                        small.                                                1.419, interested parties may file
                                                    Act also contains a size standard for                                                                          comments and reply comments on or
                                                    small cable system operators, which is                   D. Description of Projected Reporting,
                                                                                                                                                                   before the dates indicated in the DATES
                                                    ‘‘a cable operator that, directly or                     Recordkeeping, and Other Compliance
                                                                                                                                                                   section of this document in Dockets WC
                                                    through an affiliate, serves in the                      Requirements for Small Entities
                                                                                                                                                                   17–192, and CC 95–155. Comments may
                                                    aggregate fewer than 1 percent of all                       39. The NPRM proposes and seeks                    be filed using the Commission’s
                                                    subscribers in the United States and is                  comment on a rule change that will                    Electronic Comment Filing System
                                                    not affiliated with any entity or entities               affect toll free text-enablement. In                  (ECFS). See Electronic Filing of
                                                    whose gross annual revenues in the                       particular, we propose a revised                      Documents in Rulemaking Proceedings,
                                                    aggregate exceed $250,000,000.’’ There                   definition for the Service Management                 63 FR 24121 (1998).
                                                    are approximately 52,403,705 cable                       System Database § 52.101(d). The NPRM                    • Electronic Filers: Comments may be
                                                    video subscribers in the United States                   seeks comment on this proposal.                       filed electronically using the internet by
                                                    today. Accordingly, an operator serving                                                                        accessing the ECFS: http://apps.fcc.gov/
                                                    fewer than 524,037 subscribers shall be                  E. Steps Taken To Minimize the
                                                                                                             Significant Economic Impact on Small                  ecfs/.
                                                    deemed a small operator if its annual                                                                             • Paper Filers: Parties who choose to
                                                    revenues, when combined with the total                   Entities, and Significant Alternatives
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                                                                                                                                   file by paper must file an original and
                                                    annual revenues of all its affiliates, do                Considered
                                                                                                                                                                   one copy of each filing. If more than one
                                                    not exceed $250 million in the                             40. The RFA requires an agency to                   docket or rulemaking number appears in
                                                    aggregate. Based on available data, we                   describe any significant, specifically                the caption of this proceeding, filers
                                                    find that all but nine incumbent cable                   small business, alternatives that it has              must submit two additional copies for
                                                    operators are small entities under this                  considered in reaching its proposed                   each additional docket or rulemaking
                                                    size standard. We note that the                          approach, which may include the                       number.
                                                    Commission neither requests nor                          following four alternatives (among                       Filings can be sent by hand or
                                                    collects information on whether cable                    others): (1) The establishment of                     messenger delivery, by commercial


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                                                    34980                    Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules

                                                    overnight courier, or by first-class or                  shown or given to Commission staff                    Espinoza, FCC Wireline Competition
                                                    overnight U.S. Postal Service mail. All                  during ex parte meetings are deemed to                Bureau, Competition Policy Division,
                                                    filings must be addressed to the                         be written ex parte presentations and                 Room 5–C211, 445 12th Street SW,
                                                    Commission’s Secretary, Office of the                    must be filed consistent with                         Washington, DC 20554, at (202) 418–
                                                    Secretary, Federal Communications                        § 1.1206(b). In proceedings governed by               0849 or Alex.Espinoza@fcc.gov.
                                                    Commission.                                              § 1.49(f) or for which the Commission
                                                       • All hand-delivered or messenger-                                                                          III. Ordering Clauses
                                                                                                             has made available a method of
                                                    delivered paper filings for the                          electronic filing, written ex parte                     1. Accordingly, it is ordered, pursuant
                                                    Commission’s Secretary must be                           presentations and memoranda                           to sections 1, 4(i), 201(b), and 251(e) of
                                                    delivered to FCC Headquarters at 445                     summarizing oral ex parte                             the Communication Act of 1934, as
                                                    12th St. SW, Room TW–A325,                               presentations, and all attachments                    amended, 47 U.S.C. 151, 154(i), 201(b),
                                                    Washington, DC 20554. The filing hours                   thereto, must be filed through the                    and 251(e)(1) that this Notice of
                                                    are 8:00 a.m. to 7:00 p.m. All hand                      electronic comment filing system                      Proposed Rulemaking is adopted.
                                                    deliveries must be held together with                    available for that proceeding, and must                 2. It is further ordered that the
                                                    rubber bands or fasteners. Any                           be filed in their native format (e.g., .doc,          Commission’s Consumer and
                                                    envelopes and boxes must be disposed                     .xml, .ppt, searchable .pdf). Participants            Governmental Affairs Bureau, Reference
                                                    of before entering the building.                         in this proceeding should familiarize                 Information Center, shall send a copy of
                                                       • Commercial overnight mail (other                    themselves with the Commission’s ex                   this Notice of Proposed Rulemaking,
                                                    than U.S. Postal Service Express Mail                    parte rules.                                          including the IRFA, to the Chief
                                                    and Priority Mail) must be sent to 9050                                                                        Counsel for Advocacy of the Small
                                                    Junction Drive, Annapolis Junction, MD                   B. Initial Regulatory Flexibility Analysis
                                                                                                                                                                   Business Administration.
                                                    20701.                                                     45. Pursuant to the Regulatory
                                                       • U.S. Postal Service first-class,                    Flexibility Act (RFA), the Commission                 List of Subjects in 47 CFR Part 52
                                                    Express, and Priority mail must be                       has prepared an Initial Regulatory                        Numbering.
                                                    addressed to 445 12th Street SW,                         Flexibility Analysis (IRFA) of the                    Federal Communications Commission.
                                                    Washington, DC 20554.                                    possible significant economic impact on
                                                       • People With Disabilities: To request                small entities of the policies and actions
                                                                                                                                                                   Marlene Dortch,
                                                    materials in accessible formats for                                                                            Secretary.
                                                                                                             considered in this Notice of Proposed
                                                    people with disabilities (Braille, large                 Rulemaking. The text of the IRFA is set               Proposed Rules
                                                    print, electronic files, audio format),                  forth above. Written public comments
                                                    send an email to fcc504@fcc.gov or call                                                                          For the reasons set forth in the
                                                                                                             are requested on this IRFA. Comments
                                                    the Consumer & Governmental Affairs                                                                            preamble, the Federal Communications
                                                                                                             must be identified as responses to the
                                                    Bureau at 202–418–0530 (voice), 202–                                                                           Commission proposes to amend part 52
                                                                                                             IRFA and must be filed by the deadlines
                                                    418–0432 (TTY).                                                                                                of title 47 of the Code of Federal
                                                                                                             for comment on the Notice of Proposed
                                                       44. This proceeding shall be treated as                                                                     Regulations as follows:
                                                                                                             Rulemaking. The Commission’s
                                                    a ‘‘permit-but-disclose’’ proceeding in                  Consumer and Governmental Affairs
                                                    accordance with the Commission’s ex                                                                            PART 52—NUMBERING
                                                                                                             Bureau, Reference Information Center,
                                                    parte rules. Persons making ex parte                     will send a copy of this Notice of                    ■ 1. The authority citation for part 52 is
                                                    presentations must file a copy of any                    Proposed Rulemaking, including the                    revised to read as follows:
                                                    written presentation or a memorandum                     IRFA, to the Chief Counsel for Advocacy
                                                    summarizing any oral presentation                                                                                Authority: Authority: 47 U.S.C. 151–55,
                                                                                                             of the Small Business Administration                  201–05, 207–09, 218, 225–27, 251–52, 271,
                                                    within two business days after the                       (SBA).                                                332 unless otherwise noted.
                                                    presentation (unless a different deadline
                                                    applicable to the Sunshine period                        C. Paperwork Reduction Act
                                                                                                                                                                   Subpart D—Toll Free Numbers
                                                    applies). Persons making oral ex parte                      46. This document may contain
                                                    presentations are reminded that                          proposed new or modified information                  ■ 2. Amend § 52.101 by revising
                                                    memoranda summarizing the                                collection requirements. The                          paragraph (d) to read as follows:
                                                    presentation must (1) list all persons                   Commission, as part of its continuing                 § 52.101    General definitions.
                                                    attending or otherwise participating in                  effort to reduce paperwork burdens,
                                                    the meeting at which the ex parte                        invites the general public and the Office             *      *    *    *    *
                                                    presentation was made, and (2)                           of Management and Budget (OMB) to                        (d) Service Management System
                                                    summarize all data presented and                         comment on the information collection                 Database (‘‘SMS Database’’). The
                                                    arguments made during the                                requirements contained in this                        administrative database system for toll
                                                    presentation. If the presentation                        document, as required by the Paperwork                free numbers. The Service Management
                                                    consisted in whole or in part of the                     Reduction Act of 1995, Public Law 104–                System is a computer system that
                                                    presentation of data or arguments                        13. In addition, pursuant to the Small                enables Responsible Organizations to
                                                    already reflected in the presenter’s                     Business Paperwork Relief Act of 2002,                enter and amend the data about toll free
                                                    written comments, memoranda or other                     Public Law 107–198, we seek specific                  numbers within their control, including
                                                    filings in the proceeding, the presenter                 comment on how we might further                       whether a toll free number has been
                                                    may provide citations to such data or                    reduce the information collection                     text-enabled. The Service Management
                                                                                                                                                                   System shares this information with the
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    arguments in his or her prior comments,                  burden for small business concerns with
                                                    memoranda, or other filings (specifying                  fewer than 25 employees.                              Service Control Points. The entire
                                                    the relevant page and/or paragraph                                                                             system is the SMS Database.
                                                    numbers where such data or arguments                     D. Contact Person                                     *      *    *    *    *
                                                    can be found) in lieu of summarizing                       47. For further information about this              [FR Doc. 2018–15158 Filed 7–23–18; 8:45 am]
                                                    them in the memorandum. Documents                        proceeding, please contact E. Alex                    BILLING CODE 6712–01–P




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Document Created: 2018-07-24 00:10:30
Document Modified: 2018-07-24 00:10:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due on or before August 23, 2018, and reply comments are due on or before September 7, 2018. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before September 24, 2018.
ContactWireline Competition Bureau, Competition Policy Division, E. Alex Espinoza, at (202) 418-0849, or [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele at (202) 418-2991.
FR Citation83 FR 34974 

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