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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations Wired Telecommunications Carriers, and Wireless Telecommunications Carriers except satellite.
30. The U.S. Census Bureau defines Wired Telecommunications Carriers 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. Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wireline-based technology are small.
31. The U.S. Census Bureau defines Wireless Telecommunications Carriers except satellite as establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves, 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. Census data for 2012 show that 967 Wireless Telecommunications Carriers operated in that year. Of that number, 955
operated with less than 1,000
employees. Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wirelessbased technology are small.
32. Non-Carrier RespOrgs. Neither the Commission, the U.S. Census, nor the SBA have developed a definition of Non-Carrier RespOrgs. Accordingly, the Commission believes that the closest NAICS code-based definitional categories for Non-Carrier RespOrgs are Other Services Related to Advertising and Other Management Consulting Services.

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33. The U.S. Census defines Other Services Related to Advertising as comprising establishments primarily engaged in providing advertising services except advertising agency services, public relations agency services, media buying agency services, media representative services, display advertising services, direct mail advertising services, advertising material distribution services, and marketing consulting services. The SBA
has established a size standard for this industry as annual receipts of $16.5
million dollars or less. Census data for 2012 show that 5,804 firms operated in this industry for the entire year. Of that number, 5,612 operated with annual receipts of less than $10 million. Based on that data we conclude that the majority of Non-Carrier RespOrgs who provide toll-free number TFN-related advertising services are small.
34. The U.S. Census defines Other Management Consulting Services as establishments primarily engaged in providing management consulting services except administrative and general management consulting; human resources consulting; marketing consulting; or process, physical distribution, and logistics consulting.
Establishments providing telecommunications or utilities management consulting services are included in this industry. The SBA has established a size standard for this industry of $16.5 million dollars or less.
Census data for 2012 show that 3,683
firms operated in this industry for that entire year. Of that number, 3,632
operated with less than $10 million in annual receipts. Based on this data, we conclude that a majority of non-carrier RespOrgs who provide TFN-related management consulting services are small.
35. In addition to the data contained in the four see above U.S. Census NAICS code categories that provide definitions of what services and functions the Carrier and Non-Carrier RespOrgs provide, Somos, the trade association that monitors RespOrg activities, compiled data showing that as of July 1, 2016 there were 23
RespOrgs operational in Canada and 436
RespOrgs operational in the United States, for a total of 459 RespOrgs currently registered with Somos.
E. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements 36. This Report and Order does not adopt any new reporting, recordkeeping, or other compliance requirements.

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F. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 37. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its 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 or reporting requirements under the rule for 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 small entities.
38. The methodology adopted by the Commission for using the populationbased calculations for TV broadcasters was initially adopted because it is a fairer methodology for the smaller broadcasters. The Commission is using this methodology for this year, too. The changes for Puerto Rican broadcasters were adopted by the Commission in order to give relief for these broadcasters, some of which may be small entities, and the Commission is also using this methodology this year.
Finally, the waiver process that we adopted previously and are continuing in 2021 was adopted to provide relief to entities that have suffered financial hardship in the COVID19 pandemic, which includes small entities.
39. In addition, under the Commissions de minimis rule, under section 9e2 of the Act, a regulatee is exempt from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The de minimis threshold applies only to filers of annual regulatory fees.
V. Ordering Clauses 40. Accordingly, it is ordered that, pursuant to the authority found in sections 4i and j, 9, 9A, and 303r of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 154j, 159, 159A, and 303r, this Report and Order is hereby adopted.
41. It is further ordered that the FY
2021 section 9 regulatory fees assessment requirements and the rules set forth in this Report and Order are adopted as specified herein.
42. It is further ordered that this Report and Order shall be effective upon publication in the Federal Register.
43. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference
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