Federal Register - July 28, 2021
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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations
competitive access providers, SharedTenant Service Providers, and Other Local Service Providers are small entities. The Commission has included small incumbent LECs in this present RFA analysis. As noted above, a small business under the RFA is one that, inter alia, meets the pertinent small business size standard e.g., a telephone communications business having 1,500
or fewer employees, and is not dominant in its field of operation. The SBAs Office of Advocacy contends that, for RFA purposes, small incumbent LECs are not dominant in their field of operation because any such dominance is not national in scope. The Commission has therefore included small incumbent LECs in this RFA
analysis, although it emphasizes that this RFA action has no effect on Commission analyses and determinations in other, non-RFA
contexts.
68. Interexchange Carriers IXCs.
Neither the Commission nor the SBA
has developed a small business size standard specifically for Interexchange Carriers. The closest applicable NAICS
Code category is Wired Telecommunications Carriers. The applicable size standard under SBA
rules is that such a business is small if it has 1,500 or fewer employees. U.S.
Census Bureau data for 2012 indicate that 3,117 firms operated for the entire year. Of that number, 3,083 operated with fewer than 1,000 employees. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA
size standard. According to internally developed Commission data, 359
companies reported that their primary telecommunications service activity was the provision of interexchange services.
Of this total, an estimated 317 have 1,500 or fewer employees.
Consequently, the Commission estimates that the majority of interexchange service providers are small entities.
69. Local Resellers. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees.
According to Commission data, 213
carriers have reported that they are engaged in the provision of local resale services. Of these, an estimated 211
have 1,500 or fewer employees and two have more than 1,500 employees.
Consequently, the Commission estimates that the majority of local resellers are small entities that may be affected by the Commissions action.
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70. Toll Resellers. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees.
According to Commission data, 881
carriers have reported that they are engaged in the provision of toll resale services. Of these, an estimated 857
have 1,500 or fewer employees and 24
have more than 1,500 employees.
Consequently, the Commission estimates that the majority of toll resellers are small entities that may be affected by the Commissions action.
71. Other Toll Carriers. Neither the Commission nor the SBA has developed a size standard for small businesses specifically applicable to Other Toll Carriers. This category includes toll carriers that do not fall within the categories of interexchange carriers, operator service providers, prepaid calling card providers, satellite service carriers, or toll resellers. The closest applicable size standard under SBA
rules is for Wired Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer employees. According to Commission data, 284 companies reported that their primary telecommunications service activity was the provision of other toll carriage. Of these, an estimated 279 have 1,500 or fewer employees and five have more than 1,500 employees. Consequently, the Commission estimates that most Other Toll Carriers are small entities that may be affected by the Commissions action.
72. Payphone Service Providers PSPs. Neither the Commission nor the SBA has developed a small business size standard specifically for payphone services providers, a group that includes inmate calling services providers. The appropriate size standard under SBA
rules is for the category Wired Telecommunications Carriers. Under that size standard, such a business is small if it has 1,500 or fewer employees.
According to Commission data, 535
carriers have reported that they are engaged in the provision of payphone services. Of these, an estimated 531
have 1,500 or fewer employees and four have more than 1,5000 employees.
Consequently, the Commission estimates that the majority of payphone service providers are small entities that may be affected by the Commissions action.
73. TRS Providers. TRS can be included within the broad economic category of All Other Telecommunications. Ten providers currently receive compensation from the
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TRS Fund for providing at least one form of TRS: ASL Services Holdings, LLC GlobalVRS; Clarity Products, LLC
Clarity; ClearCaptions, LLC
ClearCaptions; Convo Communications, LLC Convo;
Hamilton Relay, Inc. Hamilton;
MachineGenius, Inc. MachineGenius;
MEZMO Corp. InnoCaption; Sorenson Communications, Inc. Sorenson;
Sprint Corporation Sprint; and ZP
Better Together, LLC ZP Better Together.
74. All Other Telecommunications.
The All Other Telecommunications category is comprised of establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. 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. Establishments providing internet services or voice over internet protocol VoIP services via clientsupplied telecommunications connections are also included in this industry. 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. For this category, U.S. Census Bureau data for 2012 show that there were 1,442 firms that operated for the entire year. 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. Thus, the Commission estimates that the majority of All Other Telecommunications firms potentially affected by its action can be considered small. Under this category and the associated small business size standard, a majority of the ten TRS providers can be considered small.
E. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 75. The Order on Reconsideration confirms that providers must properly identify the physical location of the originating and terminating endpoints of the call in order to determine the jurisdictional nature of the call. To the extent those services are interstate, international, or jurisdictionally mixed, the provider must comply with interim interstate and international inmate calling services caps or limits adopted by the Commission.
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