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
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10. Finally, the small entity described as a small governmental jurisdiction is defined generally as governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand. 260 U.S. Census Bureau data from the 2017 Census of Governments 261 indicate that there were 90,075 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States.262 Of this number there were 36,931 general purpose governments county,263 municipal and town or township 264 with populations of less than 50,000 and 12,040 special purpose governmentsindependent school districts 265 with enrollment populations of less than 50,000.266 Accordingly, and Great Lakes Areas 221,121, and Region 3-Gulf Coast and Pacific Coast Areas 273,702 which includes the continental U.S., Alaska, and Hawaii.
This data does not include information for Puerto Rico.
260 5 U.S.C. 6015.
261 See 13 U.S.C. 161. The Census of Governments survey is conducted every five 5 years compiling data for years ending with 2 and 7. See also Census of Governments, https www.census.gov/
programs-surveys/cog/about.html.
262 See U.S. Census Bureau, 2017 Census of GovernmentsOrganization Table 2. Local Governments by Type and State: 2017
CG1700ORG02. https www.census.gov/data/
tables/2017/econ/gus/2017-governments.html.
Local governmental jurisdictions are made up of general purpose governments county, municipal and town or township and special purpose governments special districts and independent school districts. See also Table 2. CG1700ORG02
Table Notes_Local Governments by Type and State_
2017.
263 See id. at Table 5. County Governments by Population-Size Group and State: 2017
CG1700ORG05. https www.census.gov/data/
tables/2017/econ/gus/2017-governments.html.
There were 2,105 county governments with populations less than 50,000. This category does not include subcounty municipal and township governments.
264 See id. at Table 6. Subcounty General-Purpose Governments by Population-Size Group and State:
2017 CG1700ORG06. https www.census.gov/
data/tables/2017/econ/gus/2017-governments.html.
There were 18,729 municipal and 16,097 town and township governments with populations less than 50,000.
265 See id. at Table 10. Elementary and Secondary School Systems by Enrollment-Size Group and State: 2017 CG1700ORG10. https
www.census.gov/data/tables/2017/econ/gus/2017governments.html. There were 12,040 independent school districts with enrollment populations less than 50,000. See also Table 4. Special-Purpose Local Governments by State Census Years 1942 to 2017 CG1700ORG04, CG1700ORG04 Table Notes Special Purpose Local Governments by State Census Years 1942 to 2017.
266 While the special purpose governments category also includes local special district governments, the 2017 Census of Governments data does not provide data aggregated based on population size for the special purpose governments category. Therefore, only data from independent school districts is included in the special purpose governments category.
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based on the 2017 U.S. Census of Governments data, we estimate that at least 48,971 entities fall into the category of small governmental jurisdictions. 267
11. 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 and IPTV 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. 268 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.269 U.S.
Census Bureau data for 2012 show that there were 3,117 firms that operated that year.270 Of this total, 3,083 operated with fewer than 1,000 employees.271
Thus, under this size standard, the majority of firms in this industry can be considered small.
12. 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 267 This total is derived from the sum of the number of general purpose governments county, municipal and town or township with populations of less than 50,000 36,931 and the number of special purpose governmentsindependent school districts with enrollment populations of less than 50,000 12,040, from the 2017 Census of GovernmentsOrganizations Tables 5, 6, and 10.
268 See 13 CFR 120.201. The Wired Telecommunications Carrier category formerly used the NAICS code of 517110. As of 2017 the U.S.
Census Bureau definition shows the NAICS code as 517311 for Wired Telecommunications Carriers. See U.S. Census Bureau, 2017 NAICS Definition, https www.census.gov/cgi-bin/sssd/naics/
naicsrch?code=517311&search=2017.
269 See 13 CFR 120.201, NAICS Code 517311
previously 517110.
270 See U.S. Census Bureau, 2012 Economic Census of the United States, Table No.
EC1251SSSZ5, Information: Subject SeriesEstab & Firm Size: Employment Size of Firms: 2012
517110 Wired Telecommunications Carriers.
https factfinder.census.gov/bkmk/table/1.0/en/
ECN/2012_US/51SSSZ5//naics517110.
271 Id.
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applicable NAICS Code category is Wired Telecommunications Carriers.272
Under the applicable SBA size standard, such a business is small if it has 1,500
or fewer employees.273 U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated for the entire year.274 Of that total, 3,083
operated with fewer than 1,000
employees.275 Thus under this category and the associated size standard, the Commission estimates that the majority of local exchange carriers are small entities.
13. 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.276
Under the applicable SBA size standard, such a business is small if it has 1,500
or fewer employees.277 U.S. Census Bureau data for 2012 indicate that 3,117
firms operated the entire year.278 Of this total, 3,083 operated with fewer than 1,000 employees.279 Consequently, the Commission estimates that most providers of incumbent local exchange service are small businesses that may be affected by our actions. According to Commission data, one thousand three hundred and seven 1,307 Incumbent Local Exchange Carriers reported that they were incumbent local exchange service providers.280 Of this total, an 272 See 13 CFR 121.201. The Wired Telecommunications Carrier category formerly used the NAICS code of 517110. As of 2017 the U.S.
Census Bureau definition shows the NAICs code as 517311 for Wired Telecommunications Carriers. See https www.census.gov/cgi-bin/sssd/naics/
naicsrch?code=517311&search=2017.
273 Id.
274 See U.S. Census Bureau, 2012 Economic Census of the United States, Table No.
EC1251SSSZ5, Information: Subject SeriesEstab & Firm Size: Employment Size of Firms: 2012
517110 Wired Telecommunications Carriers.
https factfinder.census.gov/bkmk/table/1.0/en/
ECN/2012_US/51SSSZ5//naics517110.
275 Id.
276 See 13 CFR 121.201. The Wired Telecommunications Carrier category formerly used the NAICS code of 517110. As of 2017 the U.S.
Census Bureau definition shows the NAICs code as 517311 for Wired Telecommunications Carriers.
See, https www.census.gov/cgi-bin/sssd/naics/
naicsrch?code=517311&search=2017.
277 Id.
278 See U.S. Census Bureau, 2012 Economic Census of the United States, Table No.
EC1251SSSZ5, Information: Subject SeriesEstab & Firm Size: Employment Size of Firms: 2012
517110 Wired Telecommunications Carriers.
https factfinder.census.gov/bkmk/table/1.0/en/
ECN/2012_US/51SSSZ5//naics517110.
279 Id.
280 See Trends in Telephone Service, Federal Communications Commission, Wireline Competition Bureau, Industry Analysis and Technology Division at Table 5.3 Sept. 2010
Trends in Telephone Service.
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