83 FR 44254 - Connect America Fund; Universal Service Reform-Mobility Fund
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 169 (August 30, 2018)
Federal Register Volume 83, Issue 169 (August 30, 2018)
| Page Range | 44254-44256 | |
| FR Document | 2018-18806 |
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)] [Proposed Rules] [Pages 44254-44256] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18806] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10-90, WT Docket No. 10-208; FCC 18-124] Connect America Fund; Universal Service Reform--Mobility Fund AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This document proposes modifying the timeframe for collecting acceptable speed test data in support of Mobility Fund II eligibility challenges, such that acceptable data may be collected at any time on or after February 27, 2018, until November 26, 2018. DATES: Comments are due September 10, 2018, and reply comments are due by September 14, 2018. ADDRESSES: You may submit comments, identified by WC Docket No. 10-90 and WT Docket No. 10-208, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Federal Communications Commission's Website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments. People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov, phone: 202-418-0530 or TTY: 202-418-0432. FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, Auctions and Spectrum Access Division, Audra Hale-Maddox, at (202) 418- 0660. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), WC Docket No. 10-90 and WT Docket No. 10-208, FCC 18-124, adopted on August 14, 2018, and released on August 21, 2018. The complete text of this document is available for public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The complete text is also available on the Commission's website at http://wireless.fcc.gov, or by using the search function on the ECFS web page at http://www.fcc.gov/cgb/ecfs/. [[Page 44255]] Alternative formats are available to persons with disabilities by sending an email to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Comment Filing Procedures 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 on the first page of this document. 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: https://www.fcc.gov/ecfs/filings. Filers should follow the instructions provided on the website for submitting comments. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket numbers WC Docket No. 10-90 and WT Docket No. 10-208. Paper Filers: Parties who choose to file by paper must file an original and three copies 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 a.m. to 7 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 Dr., Annapolis Junction, Annapolis, 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). Ex Parte Presentations Pursuant to Sec. 1.1200(a) of the Commission's rules, this NPRM 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. Paperwork Reduction Act The NPRM does not contain any new, modified, or proposed information collections subject to the Paperwork Reduction Act of 1995 (PRA). In addition, therefore, it does not contain any new, modified, or proposed information collection burden for business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002. Initial Regulatory Flexibility Certification The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for a notice-and- comment rulemaking proceeding, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission prepared Initial Regulatory Flexibility Analyses (IRFAs) in connection with the USF/ICC Transformation FNPRM, 76 FR 78384, December 16, 2011, the 2014 CAF FNPRM, 79 FR 39195, July 9, 2014, and the MF-II FNPRM, 82 FR 13413, March 13, 2017, (collectively, MF-II FNPRMs). The Commission sought written public comment on the proposals in the MF-II FNPRMs and comments on the IRFAs and Supplemental IRFA. The Commission included Final Regulatory Flexibility Analyses (FRFAs) in connection with the CAF Report & Order and Further Notice, 79 FR 39163, July 9, 2014, the MF-II Report & Order, 82 FR 15422, March 28, 2017, the MF-II Challenge Process Order, 82 FR 42473, September 8, 2017, and the MF-II Second Order on Reconsideration, 83 FR 17934, April 25, 2018 (collectively, the MF-II Orders). Therefore, the Commission certifies that the requirements of the Notice of Proposed Rulemaking will not have a significant economic impact on a substantial number of small entities. I. Synopsis On August 21, 2018, the Federal Communications Commission (``Commission'') released an Order, Notice of Proposed Rulemaking, and Memorandum Opinion and Order, FCC 18-124. A summary of the final actions from that document is published elsewhere in this issue of the Federal Register. In that document, the Commission extended the previously [[Page 44256]] announced deadline for the close of the Mobility Fund Phase II (MF-II) challenge window by an additional 90 days until November 26, 2018, during which period challengers may submit speed test data in support of a challenge. The Commission adopted this extension to ensure that interested parties can initiate and submit speed test data for areas they wish to challenge. Given this extension, the Commission proposed to make modifications to the speed test data specifications regarding the relevant timeframes for valid speed tests. II. Notice of Proposed Rulemaking To Modify the Data Timing Requirements 1. In the MF-II Challenge Process Order, the Commission stated that speed test measurements taken before the submission of updated coverage maps might not accurately reflect current network deployment and accordingly adopted a requirement that speed test measurements from challengers must be taken after the publication of the initial eligible areas map and within six months of the scheduled close of the challenge window. Similarly, the Commission stated it would only accept measurements from challenged parties that were collected after the publication of the initial eligibility map and within six months of the scheduled close of the response window. 2. To ensure that the extension of the challenge filing deadline does not inadvertently create hardships for those challengers that have already conducted speed tests, and to provide similar testing parameters for both the challengers and the challenged parties, the Commission tentatively concludes that it would be in the public interest to modify the initially-adopted requirements that speed test data be collected within six months of the scheduled close of the relevant challenge or response window. Accordingly, the Commission proposes to accept speed test data in support of challenges collected at any time on or after February 27, 2018, the date of the publication of the map of presumptively eligible areas, through the new close of the challenge window, November 26, 2018. This would provide challengers with an additional three months (for a total of nine months) to conduct speed tests. Consistent with the MF-II Challenge Process Order's generally parallel standards for challengers and respondents, the Commission proposes to make a corresponding change to afford respondents at least the same amount of time as challengers to collect data. Accordingly, a respondent would have at least nine months to collect speed test data of their own network, and respondent speed tests collected on or after April 29, 2018, would be considered valid. 3. The Commission tentatively concludes that the extension of the filing deadline warrants a modification of the current data timing requirements for challengers and respondents. The Commission tentatively concludes that modifying these requirements will serve the public interest by preventing challengers from having to repeat speed tests, and it should permit more effective implementation of Commission policy. In contrast, the Commission tentatively concludes that failing to modify this timing requirement would prohibit challengers from using the speed tests conducted between February 27 and May 28 (i.e., tests conducted more than six months before the new November 26 deadline), thereby forcing such challengers to engage in more testing than they would otherwise have had to conduct. Further, the Commission believes that providing respondents (i.e., the ``challenged parties'') with a similar data timing requirement appropriately balances the interests of respondents with the Commission's interest in receiving data collected recently, after the one-time 4G LTE data collection that initiated the challenge process. The Commission seeks comment on its tentative conclusions and these proposed modifications of the timing requirements. Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2018-18806 Filed 8-28-18; 11:15 am] BILLING CODE 6712-01-P
![44254 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules
work directly, and enter as a guest). Services (HHS) on or before September FEDERAL COMMUNICATIONS
Participants should call and connect 15 3, 2018. The notice should be mailed to COMMISSION
minutes prior to the meeting for the Division of Injury Compensation
logistics to be set up. If you have never Programs, Room 08N146B, 5600 Fishers 47 CFR Part 54
attended an Adobe Connect meeting, Lane, Rockville, Maryland 20857 or [WC Docket No. 10–90, WT Docket No. 10–
please test your connection using the emailed to abalingit-wines@hrsa.gov. To 208; FCC 18–124]
following URL: https:// ensure timely handling, any outer
hrsa.connectsolutions.com/common/ envelope or the subject line of an email Connect America Fund; Universal
help/en/support/meeting_test.htm and should be clearly marked ‘‘VICP NPRM Service Reform—Mobility Fund
get a quick overview by following URL: Hearing.’’ The notice of participation
http://www.adobe.com/go/connectpro_ AGENCY: Federal Communications
should contain the interested person’s Commission.
overview. Call (301) 443–2030 or send name, address, email address, telephone
an email to abalingit-wines@hrsa.gov if ACTION: Proposed rule.
number, any business or organizational
you are having trouble connecting to the
affiliation of the person desiring to make SUMMARY: This document proposes
meeting site.
a presentation, a brief summary of the modifying the timeframe for collecting
FOR FURTHER INFORMATION CONTACT: Dr. acceptable speed test data in support of
presentation, and the approximate time
Narayan Nair, Director, Division of Mobility Fund II eligibility challenges,
requested for the presentation. Groups
Injury Compensation Programs, at 800– such that acceptable data may be
that have similar interests should
338–2382 or by email: nnair@hrsa.gov. collected at any time on or after
consolidate their comments as part of
SUPPLEMENTARY INFORMATION: As February 27, 2018, until November 26,
one presentation. Time available for the
required by statute, the Secretary 2018.
hearing will be allocated among the
proposes to amend the Vaccine Injury DATES: Comments are due September
persons who properly file notices of
Table (Table) by regulation to include 10, 2018, and reply comments are due
vaccines recommended by the CDC for participation. If time permits, interested
parties attending the hearing who did by September 14, 2018.
routine administration in pregnant
not submit notice of participation in ADDRESSES: You may submit comments,
women. The proposed rule, which was
published in the Federal Register on advance will be allowed to make an oral identified by WC Docket No. 10–90 and
April 4, 2018 (83 FR 14391; https:// presentation at the conclusion of the WT Docket No. 10–208, by any of the
www.gpo.gov/fdsys/pkg/FR-2018-04-04/ hearing. following methods:
pdf/2018-06770.pdf), would amend the • Federal eRulemaking Portal: http://
Persons who find that there is
existing language in Item XVII of the www.regulations.gov. Follow the
insufficient time to submit the required instructions for submitting comments.
Table to include ‘‘and/or pregnant information in writing may give oral • Federal Communications
women’’ after ‘‘children.’’ This notice of participation by calling Ana Commission’s Website: https://
proposed revision would add to the Marie Balingit-Wines, Division of Injury www.fcc.gov/ecfs/. Follow the
general category of the Table any new Compensation Programs, at (301) 443– instructions for submitting comments.
vaccine recommended by the CDC for 2030, no later than September 3, 2018. • People with Disabilities: Contact the
routine administration in pregnant After reviewing the notices of FCC to request reasonable
women after imposition of an excise tax participation and accompanying accommodations (accessible format
and publication of a notice of coverage.
information, HHS will schedule each documents, sign language interpreters,
The Secretary is seeking public
appearance and notify each participant CART, etc.) by email: FCC504@fcc.gov,
comment on the proposed revision to
by mail, email, or telephone of the time phone: 202–418–0530 or TTY: 202–418–
the Table. The public comment period
allotted to the person(s) and the 0432.
for the NPRM closes on October 1, 2018.
A public hearing on the NPRM will approximate time the person’s oral FOR FURTHER INFORMATION CONTACT:
take place on September 17, 2018. This presentation is scheduled to begin. Wireless Telecommunications Bureau,
hearing is to provide an open forum for Written comments and transcripts of Auctions and Spectrum Access
the presentation of information and the hearing will be made available for Division, Audra Hale-Maddox, at (202)
views concerning the proposed revision public inspection as soon as they have 418–0660.
to the Table by interested persons. In been prepared, on weekdays (except SUPPLEMENTARY INFORMATION: This is a
preparing a final regulation, the Federal holidays) between the hours of summary of the Commission’s Notice of
Secretary will consider the 8:30 a.m. and 5:00 p.m. (EDT) at the Proposed Rulemaking (NPRM), WC
administrative record of this hearing Division of Injury Compensation Docket No. 10–90 and WT Docket No.
along with all other written comments Programs, Room 08N146B, 5600 Fishers 10–208, FCC 18–124, adopted on
received during the comment period Lane, Rockville, Maryland 20857. August 14, 2018, and released on
specified in the NPRM. The presiding August 21, 2018. The complete text of
officer, representing the Secretary of Dated: August 24, 2018. this document is available for public
HHS, will be Dr. Narayan Nair, Director, Alex M. Azar II, inspection and copying from 8 a.m. to
Division of Injury Compensation Secretary, Department of Health and Human 4:30 p.m. Eastern Time (ET) Monday
Programs, Healthcare Systems Bureau, Services. through Thursday or from 8 a.m. to
Health Resources and Services [FR Doc. 2018–18873 Filed 8–29–18; 8:45 am] 11:30 a.m. ET on Fridays in the FCC
amozie on DSK3GDR082PROD with PROPOSALS1
Administration. BILLING CODE 4165–15–P
Reference Information Center, 445 12th
Individuals or representatives of Street SW, Room CY–A257,
interested organizations may participate Washington, DC 20554. The complete
in the public hearing in accordance with text is also available on the
the following schedule and procedures. Commission’s website at http://
Persons who wish to participate should wireless.fcc.gov, or by using the search
file a notice of participation with the function on the ECFS web page at
Department of Health and Human http://www.fcc.gov/cgb/ecfs/.
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![44256 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Proposed Rules
announced deadline for the close of the inadvertently create hardships for those of the current data timing requirements
Mobility Fund Phase II (MF–II) challengers that have already conducted for challengers and respondents. The
challenge window by an additional 90 speed tests, and to provide similar Commission tentatively concludes that
days until November 26, 2018, during testing parameters for both the modifying these requirements will serve
which period challengers may submit challengers and the challenged parties, the public interest by preventing
speed test data in support of a the Commission tentatively concludes challengers from having to repeat speed
challenge. The Commission adopted that it would be in the public interest to tests, and it should permit more
this extension to ensure that interested modify the initially-adopted effective implementation of Commission
parties can initiate and submit speed requirements that speed test data be policy. In contrast, the Commission
test data for areas they wish to collected within six months of the tentatively concludes that failing to
challenge. Given this extension, the scheduled close of the relevant modify this timing requirement would
Commission proposed to make challenge or response window. prohibit challengers from using the
modifications to the speed test data Accordingly, the Commission proposes speed tests conducted between February
specifications regarding the relevant to accept speed test data in support of 27 and May 28 (i.e., tests conducted
timeframes for valid speed tests. challenges collected at any time on or more than six months before the new
after February 27, 2018, the date of the November 26 deadline), thereby forcing
II. Notice of Proposed Rulemaking To
publication of the map of presumptively such challengers to engage in more
Modify the Data Timing Requirements
eligible areas, through the new close of testing than they would otherwise have
1. In the MF–II Challenge Process the challenge window, November 26, had to conduct. Further, the
Order, the Commission stated that speed 2018. This would provide challengers Commission believes that providing
test measurements taken before the with an additional three months (for a respondents (i.e., the ‘‘challenged
submission of updated coverage maps total of nine months) to conduct speed parties’’) with a similar data timing
might not accurately reflect current tests. Consistent with the MF–II requirement appropriately balances the
network deployment and accordingly Challenge Process Order’s generally interests of respondents with the
adopted a requirement that speed test parallel standards for challengers and Commission’s interest in receiving data
measurements from challengers must be respondents, the Commission proposes collected recently, after the one-time 4G
taken after the publication of the initial to make a corresponding change to LTE data collection that initiated the
eligible areas map and within six afford respondents at least the same challenge process. The Commission
months of the scheduled close of the amount of time as challengers to collect seeks comment on its tentative
challenge window. Similarly, the data. Accordingly, a respondent would conclusions and these proposed
Commission stated it would only accept have at least nine months to collect modifications of the timing
measurements from challenged parties speed test data of their own network, requirements.
that were collected after the publication and respondent speed tests collected on Federal Communications Commission.
of the initial eligibility map and within or after April 29, 2018, would be
six months of the scheduled close of the considered valid. Marlene Dortch,
response window. 3. The Commission tentatively Secretary.
2. To ensure that the extension of the concludes that the extension of the [FR Doc. 2018–18806 Filed 8–28–18; 11:15 am]
challenge filing deadline does not filing deadline warrants a modification BILLING CODE 6712–01–P
amozie on DSK3GDR082PROD with PROPOSALS1
VerDate Sep<11>2014 16:53 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 9990 E:\FR\FM\30AUP1.SGM 30AUP1](https://thefederalregister.org/doc/83_FR_44423/page/3.svg)
Document Created: 2018-08-30 01:20:52
Document Modified: 2018-08-30 01:20:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments are due September 10, 2018, and reply comments are due by September 14, 2018. | |
| Contact | Wireless Telecommunications Bureau, Auctions and Spectrum Access Division, Audra Hale-Maddox, at (202) 418- 0660. | |
| FR Citation | 83 FR 44254 |
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