Federal Register - March 19, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations distribution, and logistics consulting.
Establishments providing telecommunications or utilities management consulting services are included in this industry.390 The SBA
has established a size standard for this industry of $15 million dollars or less.391 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.392 Based on this data, we conclude that a majority of noncarrier RespOrgs who provide TFNrelated management consulting services are small.393
37. 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 for Small Entities 38. This Report and Order does not adopt any changes to the Commissions current information collection, reporting, recordkeeping, or compliance requirements. Licensees, including small entities, will be required to pay application fees after such fees are adopted. In some cases, we have adopted new application fees, as required by the RAY BAUMS Act, but we are not adopting specific reporting or recordkeeping requirements for licensees.
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F. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 39. 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 390 http www.census,gov/cgi-bin/sssd/
naics.naicsrch.
391 13 CFR 120.201, NAICS code 514618.
392 http factfinder.census.gov/faces/
tableservices/jsf/pages/
productview.xhtml?pid=ECN_2012_US_
51SSSZ4&prodType=table.
393 The four NAICS code-based categories selected above to provide definitions for Carrier and Non-Carrier RespOrgs were selected because as a group they refer generically and comprehensively to all RespOrgs.
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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.394
40. The fees adopted are based on the Commissions costs in processing the applications. This is now required under the RAY BAUMS Act, in section 8 of the Communications Act.395 In many instances, the new fees are much lower than prior fees. In some cases, the new fees are similar to prior fees or slightly higher. There are, however, some new fees adopted for applications that previously had no fees. The Commission is required to base the application fees on costs and is required to adopt new cost-based fees. There are some exemptions set out in the statute, but no specific exemption for small entities. Due to the RAY BAUMS Act requirement to adopt cost-based fees, the Commission did not have an opportunity or the discretion to minimize new fees that had not been previously collected. The Commission, in following the statute, adopted costbased criteria for all applications, whether fees were lowered, stayed the same, or were increased.
41. 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.
II. Ordering Clauses 42. Accordingly, it is ordered that, pursuant to section 8 of the Communications Act of 1934, as amended, 47 U.S.C. 158, this Report and Order is hereby adopted.
43. It is further ordered that the Motion for Extension of Time filed by Richard Golden is denied.
44. It is further ordered that Commissions rules are amended as set forth in in the back of this summary, and such rule amendments shall be effective 30 days after the date of publication in the Federal Register, except for 1.1102, 1.1103, 1.1104, 1.1105, 1.1106, 1.1107, and 1.1109, which require notice to Congress and 394 5
U.S.C. 603c1c4.
U.S.C. 158a.
395 47
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also require certain updates to the FCCs information technology systems and internal procedures to ensure efficient and effective implementation. Sections 1.1102, 1.1103, 1.1104, 1.1105, 1.1106, 1.1107, and 1.1109 will not take effect until the requisite notice has been provided to Congress, the FCCs information technology systems and internal procedures have been updated, and the Commission publishes notices in the Federal Register announcing the effective date of such rules.
45. 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 Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
Marlene Dortch, Secretary.
Final Rules Part 1 of Title 47 of the Code of Federal Regulations is amended to read as follows:
PART 1PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461, unless otherwise noted.
2. Amend 1.767 by revising paragraph e to read as follows:
1.767
Cable landing licenses.
e A separate application shall be filed with respect to each individual cable system for which a license is requested or a modification of the cable system, renewal, or extension of an existing license is requested. Applicants for common carrier cable landing licenses shall also separately file an international section 214 authorization for overseas cable construction.
3. Revise 1.1101 to read as follows:
1.1101
Authority.
Authority to impose and collect these charges is contained in section 8 of the Communications Act, as amended by sections 102 and 103 of title I of the Consolidated Appropriations Act of 2018 Pub. L. 115141, 132 Stat. 1084, 47 U.S.C. 158, which directs the Commission to assess and collect
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