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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules and other factors, such as issues involved in relocating incumbents and developing markets, technologies, and services.
Narrowband Personal Communications Services. Two auctions of narrowband personal communications services PCS licenses have been conducted. To ensure meaningful participation of small business entities in future auctions, the Commission has adopted a two-tiered small business size standard in the Narrowband PCS Second Report and Order. Through these auctions, the Commission has awarded a total of 41
licenses, out of which 11 were obtained by small businesses. A small business is an entity that, together with affiliates and controlling interests, has average gross revenues for the three preceding years of not more than $40 million. A
very small business is an entity that, together with affiliates and controlling interests, has average gross revenues for the three preceding years of not more than $15 million. The SBA has approved these small business size standards.
Broadband Personal Communications Service. The broadband personal communications service PCS spectrum is divided into six frequency blocks designated A through F, and the Commission has held auctions for each block. The Commission initially defined a small business for Cand F-Block licenses as an entity that has average gross revenues of $40 million or less in the three previous calendar years. For F-Block licenses, an additional small business size standard for very small business was added and is defined as an entity that, together with its affiliates, has average gross revenues of not more than $15 million for the preceding three calendar years. These standards defining small entity, in the context of broadband PCS auctions, have been approved by the SBA. No small businesses within the SBA-approved small business size standards bid successfully for licenses in Blocks A
and B. There were 90 winning bidders that claimed small business status in the first two C-Block auctions. A total of 93
bidders that claimed small business status won approximately 40 percent of the 1,479 licenses in the first auction for the D-, E-, and F-Blocks. On April 15, 1999, the Commission completed the reauction of 347 C-, D-, E-, and F-Block licenses in Auction No. 22. Of the 57
winning bidders in that auction, 48
claimed small business status and won 277 licenses.
On January 26, 2001, the Commission completed the auction of 422 Cand FBlock Broadband PCS licenses in
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Auction No. 35. Of the 35 winning bidders in that auction, 29 claimed small business status. Subsequent events concerning Auction No. 35, including judicial and agency determinations, resulted in a total of 163
Cand F-Block licenses being available for grant. On February 15, 2005, the Commission completed an auction of 242 C-, D-, E-, and F-Block licenses in Auction No. 58. Of the 24 winning bidders in that auction, 16 claimed small business status and won 156
licenses. On May 21, 2007, the Commission completed an auction of 33
licenses in the A-, C-, and F-Blocks in Auction No. 71. Of the 12 winning bidders in that auction, five claimed small business status and won 18
licenses. On August 20, 2008, the Commission completed the auction of 20 C-, D-, E-, and F-Block Broadband PCS licenses in Auction No. 78. Of the eight winning bidders for Broadband PCS licenses in that auction, six claimed small business status and won 14
licenses.
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 small business size standards. In the Commissions auction for geographic area licenses in the WCS there were seven winning bidders that qualified as very small business entities, and one that qualified as a small business entity.
Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment.
Examples of products made by these establishments are: Transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment. The SBA has established a small business size standard for this industry of 1,250 employees or less.
U.S. Census Bureau data for 2012 shows that 841 establishments operated in this industry in that year. Of that number, 828 establishments operated with fewer than 1,000 employees, 7 establishments
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operated with between 1,000 and 2,499
employees, and 6 establishments operated with 2,500 or more employees.
Based on this data, the Commission concludes that a majority of manufacturers in this industry are small.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities FEMAs recommendations proposing changes for which comment is sought in the Notice, if adopted, would impose additional reporting, recordkeeping or other compliance obligations on certain small, as well as other, entities required to distribute EAS alerts to the public i.e., EAS Participants, and that manufacture EAS equipment. At this time the Commission is not currently in a position to determine whether, if adopted, the FEMAs proposed changes will require small entities to hire attorneys, engineers, consultants, or other professionals to comply and cannot quantify the cost of compliance with the potential rule changes and compliance obligations raised for comment in the FNPRM. In the Commissions request for comments on FEMAs proposals, it has requested information on the cost of implementing the proposed changes as well as potential alternatives to the proposed recommendations, particularly less costly alternatives that should be considered.
As proposed by FEMA, its recommendation to replace the EAS
originator code for the Primary Entry Point System, from PEP, to NAT, which would stand for National Authority, and to modify the definition for the EAN event code from Emergency Action Notification National Only, to Emergency Alert National, or replace the EAN event code with a new event code called NEM, defined as National Emergency Message, would require EAS equipment manufacturers to develop software updates to implement the new codes in deployed EAS
equipment and EAS equipment in production. EAS Participants would also be required to acquire and install a software update to change the codes in their EAS devices. Some EAS device models currently in deployment might not be capable of being updated to reflect the new codes, and those devices will have to be replaced. Updating or replacing deployed devices to reflect these proposed FEMA code changes would be at the expense of EAS
Participants.
FEMA has also recommended that the Commission consider methods to
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