Federal Register - August 19, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
https data.census.gov/cedsci/
table?text=EC1251SSSZ5&
n=517210&tid=ECNSIZE2012.
EC1251SSSZ5&hidePreview=false&
vintage=2012. Of this total, 955 firms had employment of 999 or fewer employees and 12 had employment of 1000 employees or more. Thus under this category and the associated size standard, the Commission estimates that the majority of Wireless Carriers and Service Providers are small entities.
According to internally developed Commission data for all classes of Wireless Service Providers, there are 970 carriers that reported they were engaged in the provision of wireless services. See Federal Communications Commission, Wireline Competition Bureau, Industry Analysis and Technology Division, Trends in Telephone Service at Table 5.3 Sept.
2010 Trends in Telephone Service, https apps.fcc.gov/edocs_public/
attachmatch/DOC-301823A1.pdf. Of this total, an estimated 815 have 1,500
or fewer employees, and 155 have more than 1,500 employees. See id. Thus, using available data, we estimate that the majority of Wireless Carriers and Service Providers can be considered small.
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 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.
See U.S. Census Bureau, 2017 NAICS
Definition, 517311 Wired Telecommunications Carriers, https
www.census.gov/naics/?input=517311&
year=2017&details=517311. 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. See 13 CFR 121.201, NAICS
Code 517311 previously 517110. U.S.
Census Bureau data for 2012 show that there were 3,117 firms that operated that
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year. See U.S. Census Bureau, 2012
Economic Census of the United States, Table ID: EC1251SSSZ5, Information:
Subject SeriesEstab & Firm Size:
Employment Size of Firms for the U.S.:
2012, NAICS Code 517110, https
data.census.gov/cedsci/
table?text=EC1251SSSZ5&
n=517110&tid=ECNSIZE2012.
EC1251SSSZ5&hidePreview=false. Of this total, 3,083 operated with fewer than 1,000 employees. Id. Thus, under this size standard, the majority of firms in this industry can be considered small.
Licenses Assigned by Auctions.
Initially, we note that, as a general matter, the number of winning bidders that qualify as small businesses at the close of an auction does not necessarily represent the number of small businesses currently in service. Also, the Commission does not generally track subsequent business size unless, in the context of assignments or transfers, unjust enrichment issues are implicated.
Private Land Mobile Radio PLMR.
PLMR systems serve an essential role in a range of industrial, business, land transportation, and public safety activities. Companies of all sizes operating in all U.S. business categories use these radios. Because of the vast array of PLMR users, the Commission has not developed a small business size standard specifically applicable to PLMR users. The closest applicable SBA
category is Wireless Telecommunications Carriers except Satellite which encompasses business entities engaged in radiotelephone communications. See U.S. Census Bureau, 2017 NAICS Definition, 517312 Wireless Telecommunications Carriers except Satellite, https
www.census.gov/naics/?input=517312&
year=2017&details=517312. The appropriate size standard for this category under SBA rules is that such a business is small if it has 1,500 or fewer employees. See 13 CFR 121.201, NAICS
Code 517312 formerly 517210. For this industry, U.S. Census Bureau data for 2012 show that there were 967 firms that operated for the entire year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table ID:
EC1251SSSZ5, Information: Subject Series: Estab and Firm Size:
Employment Size of Firms for the U.S.:
2012, NAICS Code 517210, https
data.census.gov/cedsci/
table?text=EC1251SSSZ5&
n=517210&tid=ECNSIZE2012.
EC1251SSSZ5&hidePreview=false&
vintage=2012. Of this total, 955 firms had employment of 999 or fewer employees and 12 had employment of 1000 employees or more. Id. Thus under
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this category and the associated size standard, the Commission estimates that the majority of PLMR Licensees are small entities.
According to the Commissions records, a total of approximately 400,622 licenses comprise PLMR users.
This figure was derived from Commission licensing records as of September 19, 2016. Licensing numbers change on a daily basis. This does not indicate the number of licensees, as licensees may hold multiple licenses.
There is no information currently available about the number of PLMR
licensees that have fewer than 1,500
employees. There are a total of approximately 3,577 PLMR licenses in the 4.9 GHz band; 19,359 PLMR licenses in the 800 MHz band; and 3,374 licenses in the frequencies range 173.225 MHz to 173.375 MHz. The Commission does not require PLMR licensees to disclose information about number of employees, and does not have information that could be used to determine how many PLMR licensees constitute small entities under this definition. The Commission however believes that a substantial number of PLMR licensees may be small entities despite the lack of specific information.
Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment.
See U.S. Census Bureau, 2017 NAICS
Definition, 334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing, https
www.census.gov/naics/?input=
334220&year=2017&details=334220.
Examples of products made by these establishments are: Transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment. Id. The SBA has established a small business size standard for this industry of 1,250 employees or less. See 13 CFR 121.201, NAICS Code 334220.
U.S. Census Bureau data for 2012 show that 841 establishments operated in this industry in that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table ID: EC1231SG2, Manufacturing: Summary Series:
General Summary: Industry Statistics for Subsectors and Industries by Employment Size: 2012, NAICS Code 334220, https data.census.gov/cedsci/
table?text=EC1231SG2&n=334220&tid=
ECNSIZE2012.EC1231SG2&
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