Federal Register - March 19, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
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communications telemetry, and radar station operation.369 This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems.370 Establishments providing internet services or voice over internet protocol VoIP services via clientsupplied telecommunications connections are also included in this industry.371 The SBA has developed a small business size standard for All Other Telecommunications, which consists of all such firms with annual receipts of $35 million or less.372 For this category, U.S. Census Bureau data for 2012 shows that there were 1,442
firms that operated for the entire year.373 Of those firms, a total of 1,400
had annual receipts less than $25
million and 15 firms had annual receipts of $25 million to $49, 999,999.374 Thus, the Commission estimates that the majority of All Other Telecommunications firms potentially affected by our action can be considered small.
30. RespOrgs. Responsible Organizations, or RespOrgs, are entities chosen by toll free subscribers to manage and administer the appropriate records in the toll free Service Management System for the toll free subscriber.375 Although RespOrgs are often wireline carriers, they can also include non-carrier entities. Therefore, in the definition herein of RespOrgs, two categories are presented, i.e., Carrier RespOrgs and Non-Carrier RespOrgs.
31. Carrier RespOrgs. Neither the Commission, the U.S. Census, nor the SBA have developed a definition for Carrier RespOrgs. Accordingly, the Commission believes that the closest NAICS code-based definitional categories for Carrier RespOrgs are Wired Telecommunications Carriers,376
369 See U.S. Census Bureau, 2017 NAICS
Definitions, NAICS Code 517919 All Other Telecommunications, https www.census.gov/cgibin/sssd/naics/naicsrch?input=517919&
search=2017+NAICS+Search&search=2017.
370 Id.
371 Id.
372 See 13 CFR 121.201, NAICS code 517919.
373 U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1251SSSZ4, Information: Subject SeriesEstab and Firm Size:
Receipts Size of Firms for the United States: 2012, NAICS code 517919, https factfinder.census.gov/
bkmk/table/1.0/en/ECN/2012_US/51SSSZ4//
naics517919.
374 Id.
375 See 47 CFR 52.101b.
376 13 CFR 121.201, NAICS code 517110.

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and Wireless Telecommunications Carriers except satellite.377
32. 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. 378 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.379 U.S.
Census Bureau data for 2012 show that there were 3,117 firms that operated that year.380 Of this total, 3,083 operated with fewer than 1,000 employees.381
Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wireline-based technology are small.
33. 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.382 The 377 Id.
378 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.
379 See 13 CFR 120.201, NAICS Code 517311
previously 517110.
380 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.
381 Id.
382 U.S. Census Bureau, 2012 NAICS Definitions, 517210 Wireless Telecommunications Carriers Except Satellite. See https
factfinder.census.gov/faces/affhelp/jsf/pages/
metadata.xhtml?lang=en&type=ib&id=ib.en./
ECN.NAICS2012.517210.

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appropriate size standard under SBA
rules is that such a business is small if it has 1,500 or fewer employees.383
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.384 Based on that data, we conclude that the majority of Carrier RespOrgs that operated with wirelessbased technology are small.
34. 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 385 and Other Management Consulting Services. 386
35. 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.387 The SBA has established a size standard for this industry as annual receipts of $15
million dollars or less.388 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.389 Based on that data we conclude that the majority of NonCarrier RespOrgs who provide toll-free number TFN-related advertising services are small.
36. 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 383 13

CFR 120.201, NAICS code 517120.
Census Bureau, 2012 Economic Census of the United States, Table EC1251SSSZ5, Information: Subject Series: Estab and Firm Size:
Employment Size of Firms for the U.S.: 2012 NAICS
Code 517210. https factfinder.census.gov/bkmk/
table/1.0/en/ECN/2012_US/51SSSZ5//
naics517210pid=ECN_2012_US_
51SSSZ4&prodType=table.
385 13 CFR 120.201, NAICS code 541890.
386 13 CFR 120.201, NAICS code 541618.
387 http www.census,gov/cgi-bin/sssd/
naics.naicsrch.
388 13 CFR 120.201, NAICS code 541890.
389 http factfinder.census.gov/faces/
tableservices/jsf/pages/
productview.xhtml?pid=ECN_2012_US_
51SSSZ4&prodType=table.
384 U.S.

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Federal Register - March 19, 2021

TitoloFederal Register

PaeseStati Uniti

Data19/03/2021

Conteggio pagine271

Numero di edizioni7802

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