Federal Register - August 31, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations pursuant to 44 U.S.C. 3507d The new information collection requirements were preapproved by the Office of Management and Budget under OMB
Control No. 30601287 on June 3, 2021.
In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, we previously sought comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25
employees. This document also contains non-substantive modifications to the approved information collection. These modifications will be submitted to OMB
for review and approval pursuant to OMBs non-substantive change process.
Congressional Review Act. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this rule is non-major under the Congressional Review Act, 5
U.S.C. 8042. The Commission will send a copy of this Third Report and Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
Contact Person. For further information about the Third Report and Order, contact Alexander Hobbs, Attorney Advisor, Competition Policy Division, Wireline Competition Bureau, at 202 4187433 or Alexander.Hobbs@
fcc.gov.
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V. Initial Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended, an Initial Regulatory Flexibility Analysis IRFA was incorporated into the Second Caller ID Authentication Further Notice of Proposed Rulemaking. The Commission sought written public comments on the proposals in the Second Caller ID Authentication Further Notice, including comments on the IRFA. No comments were filed addressing the IRFA. This present Final Regulatory Flexibility Analysis FRFA
conforms to the RFA.
Need for, and Objectives of, the Proposed Rules This Third Report and Order continues the Commissions efforts to combat illegal spoofed robocalls.
Specifically, the Third Report and Order establishes an oversight role for the Commission of the STIR/SHAKEN
governance systems token revocation process. Under the adopted procedure, any voice service provider or intermediate provider that has its Service Provider Code SPC token revoked may seek review of this
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decision by the Commission through established procedures. The procedures in the Third Report and Order will help promote effective caller ID
authentication through STIR/SHAKEN.
The Third Report and Order finds authority for these proposed rules under the TRACED Act. Section 4b1 of the TRACED Act provided authority to require the implementation of the STIR/
SHAKEN framework. We believe that to effectively direct the implementation of STIR/SHAKEN consistent with the TRACED Act, the Commission must have a role in decisions to revoke Service Provider Code tokens because the result of such a decision could place the service provider in noncompliance with our rules. The Third Report and Order also finds independent authority under section 251e of the Communications Act of 1934, as amended the Act.
Summary of Significant Issues Raised by Public Comments in Response to the IRFA
There were no comments filed that specifically addressed the proposed rules and policies presented in the IRFA.
Response to Comments by the Chief Counsel for Advocacy of the SBA
Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA, and to provide a detailed statement of any change made to the proposed rules as a result of those comments.
The Chief Counsel did not file any comments in response to the proposed rules in this proceeding.
Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules and by the rule revisions on which the Notice seeks comment, 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
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additional criteria established by the SBA.
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. 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. Thus, under this size standard, the majority of firms in this industry can be considered small.
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.
Under the applicable SBA size standard, such a business is 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 for the entire year.
Of that total, 3,083 operated with fewer than 1,000 employees. Thus under this category and the associated size standard, the Commission estimates that the majority of local exchange carriers are small entities.
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.
Under the applicable SBA size standard, such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau data for 2012 indicate that 3,117 firms operated the entire year. Of this total, 3,083 operated with fewer than 1,000
employees. Consequently, the
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