Federal Register - March 1, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations necessary burden on all affected parties, including small entities.
D. Description and Estimate of the Number of Small Entities to Which 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 rules adopted herein. 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 Small Business Administration SBA. Below, we describe and estimate the number of small entities that may be affected by adoption of the final rules.
Satellite Telecommunications This category comprises firms primarily engaged in providing telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications. Satellite telecommunications service providers include satellite and earth station operators. The category has a small business size standard of $35 million or less in average annual receipts, under SBA rules. For this category, U.S.
Census Bureau data for 2012 show that there were a total of 333 firms that operated for the entire year. Of this total, 299 firms had annual receipts of less than $25 million. Consequently, we estimate that the majority of satellite telecommunications providers are small entities.
E. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements for Small Entities The Order adopts several rule changes that would affect compliance requirements for space station and earth station operators. For example, the Order creates a new, optional, streamlined licensing procedure for both space stations and earth stations in a satellite system. It also eliminates some reporting requirements for space station and earth station licensees. In total, the actions in this Order are designed to achieve the Commissions mandate to regulate in the public interest while imposing the lowest
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F. Steps Taken To Minimize the Significant Economic Impact on Small Entities and Significant Alternatives Considered The RFA requires an agency to describe any significant alternatives that it has considered in developing 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 and reporting requirements under the rule for such 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 such small entities.
In this Order, the Commission creates a new, optional, streamlined licensing procedure for both space stations and earth stations in a satellite system specifically designed to eliminate redundancies and reduce regulatory burdens. The Commission also adopts a certification option for earth station applicants to eliminate duplicative or unnecessary information filed with the Commission. In addition, the Commission repeals certain other requirements with the aim of streamlining its requirements. Overall, the actions in this document will reduce burdens on the affected licensees, including small entities.
Report to Congress: The Commission will send a copy of the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Report and Order and FRFA or summaries thereof will also be published in the Federal Register.
Paperwork Reduction Act This document contains new or modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public to comment on the information collection requirements contained in this Report and Order as required by the Paperwork Reduction Act of 1995, Public Law 10413. In addition, the Commission notes that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C.
3506c4, we previously sought
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specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25
employees.
In this present document, we have assessed the effects of requiring some earth station licensees to re-coordinate with Upper Microwave Flexible Use Service licensees under 47 CFR 25.136, and find that it may increase coordination costs for some businesses with fewer than 25 employees.
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 Second Report and Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
Ordering Clauses It is ordered, pursuant to sections 4i, 7a, 10, 303, 308b, and 316 of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 157a, 160, 303, 308b, 316, that this Report and Order is adopted, the policies, rules, and requirements discussed herein are adopted, and part 25 of the Commissions rules is amended as set forth below.
It is further ordered that the rule amendments in this Report and Order will become effective 30 days from the date of publication in the Federal Register, except for those amendments which contain new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act which will become effective after the Commission publishes a document in the Federal Register announcing such approval and the relevant effective date.
It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration.
It is further ordered that the Commission shall send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C.
801a1A.
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