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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
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telecommunications infrastructure fall in the category of Wired Telecommunication Carriers. Wired Telecommunications Carriers are comprised of 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 telecommunications networks.
Transmission facilities may be based on a single technology or a combination of technologies. The SBA size standard for this category classifies a business as small if it has 1,500 or fewer employees.
U.S. Census Bureau 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.
Consequently, under this size standard the majority of firms in this industry can be considered small.
160. Internet Service Providers NonBroadband. internet access service providers such as Dial-up internet service providers, VoIP service providers using client-supplied telecommunications connections and internet service providers using clientsupplied telecommunications connections e.g., dial-up ISPs fall in the category of All Other Telecommunications. The SBA has developed a small business size standard for All Other Telecommunications which consists of all such firms with gross annual receipts of $35 million or less. For this category, U.S. Census Bureau 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. Consequently, under this size standard a majority of firms in this industry can be considered small.
c. Vendors and Equipment Manufacturers 161. Vendors of Infrastructure Development or Network Buildout.
The Commission has not developed a small business size standard specifically directed toward manufacturers of network facilities. There are two applicable SBA categories in which manufacturers of network facilities could fall and each have different size standards under the SBA rules. The SBA categories are Radio and Television Broadcasting and Wireless Communications Equipment with a size standard of 1,250 employees or less and Other Communications Equipment Manufacturing with a size standard of 750 employees or less. U.S. Census Bureau data for 2012 shows that for Radio and Television Broadcasting and
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Wireless Communications Equipment firms 841 establishments operated for the entire year. Of that number, 828
establishments operated with fewer than 1,000 employees, and 7 establishments operated with between 1,000 and 2,499
employees. For Other Communications Equipment Manufacturing, U.S. Census Bureau data for 2012, show that 383
establishments operated for the year. Of that number 379 operated with fewer than 500 employees and 4 had 500 to 999 employees. Based on this data, the Commission concludes that the majority of Vendors of Infrastructure Development or Network Buildout are small.
162. Telephone Apparatus Manufacturing. This industry comprises establishments primarily engaged in manufacturing wire telephone and data communications equipment. These products may be stand-alone or boardlevel components of a larger system.
Examples of products made by these establishments are central office switching equipment, cordless and wire telephones except cellular, PBX
equipment, telephone answering machines, LAN modems, multi-user modems, and other data communications equipment, such as bridges, routers, and gateways. The SBA
has developed a small business size standard for Telephone Apparatus Manufacturing, which consists of all such companies having 1,250 or fewer employees. U.S. Census Bureau data for 2012 show that there were 266
establishments that operated that year.
Of this total, 262 operated with fewer than 1,000 employees. Thus, under this size standard, the majority of firms in this industry can be considered small.
163. 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 or fewer employees. U.S. Census Bureau data for 2012 show that 841
establishments operated in this industry in that year. Of that number, 828
establishments operated with fewer than 1,000 employees, 7 establishments operated with between 1,000 and 2,499
employees and 6 establishments
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operated with 2,500 or more employees.
Based on this data, the Commission concludes that a majority of manufacturers in this industry are small.
164. Other Communications Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing communications equipment except telephone apparatus, and radio and television broadcast, and wireless communications equipment. Examples of such manufacturing include fire detection and alarm systems manufacturing, Intercom systems and equipment manufacturing, and signals e.g., highway, pedestrian, railway, traffic manufacturing. The SBA has established a size standard for this industry as all such firms having 750 or fewer employees. U.S. Census Bureau data for 2012 shows that 383
establishments operated in that year. Of that number, 379 operated with fewer than 500 employees and 4 had 500 to 999 employees. Based on this data, the Commission concludes that the majority of Other Communications Equipment Manufacturers are small.
E. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 165. Requirement to Remove and Replace Covered Equipment and Services. The Third Report and Order increases the pool or participants in the Reimbursement Program from those providers of advanced communications services with two million or fewer customers to those with 10 million or fewer customers, but does not change any reporting requirements adopted in previous Commission orders.
F. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered 166. The RFA requires an agency to describe the steps the agency has taken to minimize the significant economic impact on small entities of the final rule, consistent with the stated objectives of the applicable statutes, including a statement of the factual, policy, and legal reasons in support of the final rule, and why any significant alternatives to the rule considered by the agency and which affect the impact on small entities were rejected.
167. All of the rules in the Third Report and Order are adopted pursuant to statutory obligation under the CAA.
However, where the Commission has discretion in its interpretation or implementation of the CAA provisions, or adopts rules pursuant to alternative
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