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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules
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that year. Of this total, 3,083 operated with fewer than 1,000 employees.
Consequently, under this size standard the majority of firms in this industry can be considered small.
28. Internet Service Providers NonBroadband. Internet access service providers such as Dial-up internet service providers, VoIP service providers using client-supplied telecommunications connections and internet service providers using clientsupplied telecommunications connections e.g., dial-up ISPs fall in the category of All Other Telecommunications. The SBA has developed a small business size standard for All Other Telecommunications which consists of all such firms with gross annual receipts of $35 million or less. For this category, U.S. Census Bureau data for 2012 show that there were 1,442 firms that operated for the entire year. Of these firms, a total of 1,400 had gross annual receipts of less than $25 million. Consequently, under this size standard a majority of firms in this industry can be considered small.
29. All Other Information Services.
The U.S. Census Bureau has determined that this category comprises establishments primarily engaged in providing other information services except news syndicates, libraries, archives, internet publishing and broadcasting, and Web search portals.
The SBA has developed a small business size standard for this category, which consists of all such firms with annual receipts of $30 million or less.
U.S. Census Bureau data for 2012 show that there were 512 firms that operated for the entire year. Of those firms, a total of 498 had annual receipts less than $25
million and 7 firms had annual receipts of $25 million to $49, 999,999.
Consequently, we estimate that the majority of these firms are small entities that may be affected by our action.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 30. The FNPRM proposes and seeks comment on rules to require covered text providers to support text messaging to 988. It tentatively concludes that textto-988 functionality will greatly improve consumer access to the Lifeline, particularly for at-risk populations, and thereby save lives. The proposed rules would require CMRS
providers and interconnected text messaging service providers to route texts sent to 988 to the 10-digit Lifeline number, presently 18002738255
TALK. The FNPRM proposes 1
establishing a definition that sets the
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outer bound of text messages sent to 988
that covered text providers may be required to support; and 2 directing the Wireline Competition Bureau Bureau to identify text formats within the scope of that definition that the Lifeline can receive and thus covered text providers must support by routing to the 10-digit Lifeline number. The FNPRM seeks comment on this proposal. The Commission preliminarily believes that applying the same rules equally to all entities in this context is necessary to alleviate potential consumer confusion from adopting different rules for different covered text providers. The Commission proposes that the costs and/or administrative burdens associated with the rules will not unduly burden small entities.
E. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered 31. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed 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 rules 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.
32. In the FNPRM, the Commission seeks comment from all entities, including small entities, regarding the impact of these proposed rules on small entities. The Commission seeks comment on the impact, cost or otherwise, that requiring text messaging to 988 capability will impose on regional and rural carriers and small businesses. The Commission also seeks comment on whether to adopt any exemptions for small businesses and if so, under what circumstances. The Commission asks and will consider alternatives to the proposals and on alternative ways of implementing the proposals.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules 33. None.
III. Procedural Matters 34. Ex Parte Rules. This proceeding shall be treated as a permit-but-

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disclose proceeding in accordance with the Commissions ex parte rules.
Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation unless a different deadline applicable to the Sunshine period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must 1 list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and 2
summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with Rule 1.1206b. In proceedings governed by Rule 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
35. Initial Regulatory Flexibility Analysis. Pursuant to the Regulatory Flexibility Act RFA, the Commission has prepared an Initial Regulatory Flexibility Analysis IRFA of the possible significant economic impact on small entities of the policies and actions considered in this FNPRM. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the FNPRM. The Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of the FNPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.

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