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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations
Commission sought public comment on the proposals in the Auction 110
Comment Public Notice, including comments on the Supplemental IRFA.
One comment was filed addressing the Supplemental IRFA. The Auction 110
Certification Requirement Public Notice establishes a certification requirement to be used for Auction 110 and supplements the Initial and Final Regulatory Flexibility Analyses completed by the Commission in the 3.13.55 GHz Report and Order R&O
and Further Notice of Proposed Rulemaking FNPRM, 85 FR 64062, October 2, 2020, and 85 FR 66888, October 21, 2020, 3.45 GHz Second Report and Order, 86 FR 17920, April 7, 2021, and other Commission orders pursuant to which Auction 110 will be conducted. This present Supplemental Final Regulatory Flexibility Analysis Supplemental FRFA conforms to the RFA.
8. Need for, and Objectives of, the Rules. The Auction 110 Certification Requirement Public Notice implements an element of the auction procedures for those entities that seek to bid to acquire licenses in Auction 110, which will be the Commissions third auction of midband spectrum in furtherance of the deployment of fifth-generation 5G
wireless, the Internet of Things IoT, and other advanced spectrum-based services.
9. To promote the efficient and fair administration of the competitive bidding process for all Auction 110
participants, OEA and WTB adopt a procedure requiring each Auction 110
applicant to certify that it has read the public notice adopting procedures for the auction and that it has familiarized itself both with the auction procedures and with the requirements for obtaining a license and operating facilities in the 3.453.55 GHz band, consistent with the proposal made in the Auction 110
Comment Public Notice.
10. This requirement is an element of the more specific implementation of the competitive bidding rules contemplated by parts 1 and 27 of the Commissions rules and the underlying rulemaking decisions regarding the 3.453.55 GHz band, including the 3.45 GHz Second Report and Order, and relevant competitive bidding orders, and are fully consistent therewith.
11. Summary of Significant Issues Raised by Public Comments in Response to the Supplemental IRFA. One party the Rural Wireless Association RWA
filed comments that address issues raised in the Supplemental IRFA. RWA
argues that the Commissions analysis in the Auction 110 Comment Public Notices Supplemental IRFA

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underestimates the costs that small and rural entities incur when participating in a Commission auction. RWA states that, contrary to the Commissions expectations, RWA members regularly consult attorneys, engineers, and consultants to participate in Commission auctions, incurring costs of $100,000 on average per auction. RWA
provides no support for this cost figure.
Nor does RWA clarify what portion of this figure represents costs associated with applying to participate in the auction and/or whether the figure may be an aggregate amount for all of its trade association members. RWA claims that the educational materials provided by the Commission are insufficient, as some materials are not provided until after the short-form application deadline.
12. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA and to provide a detailed statement of any changes made to the proposed procedures as a result of those comments. The Chief Counsel did not file any comments in response to the procedures that were proposed in the Auction 110 Comment Public Notice.
13. Description and Estimate of the Number of Small Entities to Which the 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 and policies 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 SBA.
14. As noted above, Regulatory Flexibility Analyses were incorporated into the 3.13.55 GHz R&O and FNPRM
and the 3.45 GHz Second Report and Order. These decisions provide the underlying authority for the procedures proposed in the Auction 110 Comment Public Notice and are adopted herein for Auction 110. In those regulatory flexibility analyses, the Commission described in detail the small entities
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that might be significantly affected. In the Auction 110 Certification Requirement Public Notice, OEA and WTB hereby incorporate by reference the descriptions and estimates of the number of small entities from the previous Regulatory Flexibility Analyses in the 3.13.55 GHz R&O and FNPRM and the 3.45 GHz Second Report and Order.
15. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities. The Commission designed its auction application process to minimize reporting and compliance requirements for applicants, including small business applicants. In the first part of the Commissions two-stage auction application process, parties desiring to participate in an auction file a streamlined, short-form application in which they certify under penalty of perjury as to their qualifications.
Eligibility to participate in an auction is based on an applicants short-form application and certifications, as well as its upfront payment. The Auction 110
Certification Requirement Public Notice adds to the existing certifications that are required under the Commissions competitive bidding rules a certification that is specific to Auction 110.
16. Typically, the auction procedures informs prospective applicants that they are expected to familiarize themselves with the Commissions general competitive bidding rules, Commission decisions regarding competitive bidding procedures, application requirements, obligations of Commission licensees, and the Commissions service rules for the frequency band available in the auction, and that they must be thoroughly familiar with the procedures, terms, and conditions contained in the public notice adopting procedures for the auction. OEA and WTB therefore do not expect that the certification requirement adopted in the Auction 110 Certification Requirement Public Notice will increase the need for small entities to hire attorneys, engineers, consultants, or other professionals because it does not increase the level of education or due diligence beyond what was required of applicants prior to the adoption of the certification requirement, and thus it should not increase an applicants burden in complying with the additional certification requirement.
The public notice adopting the procedures for Auction 110 will be made publicly available on the Auction 110 web page, and the 3.45 GHz Second Report and Order is already publicly available on both the Commissions main website and the Auction 110 web
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