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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations
small business size standards bid successfully for licenses in Blocks A
and B. There were 90 winning bidders that claimed small business status in the first two C-Block auctions. A total of 93
bidders that claimed small business status won approximately 40 percent of the 1,479 licenses in the first auction for the D-, E-, and F-Blocks. On April 15, 1999, the Commission completed the reauction of 347 C-, D-, E-, and F-Block licenses in Auction No. 22. Of the 57
winning bidders in that auction, 48
claimed small business status and won 277 licenses.
On January 26, 2001, the Commission completed the auction of 422 Cand F-Block Broadband PCS licenses in Auction No. 35. Of the 35 winning bidders in that auction, 29 claimed small business status. Subsequent events concerning Auction No. 35, including judicial and agency determinations, resulted in a total of 163
Cand F-Block licenses being available for grant. On February 15, 2005, the Commission completed an auction of 242 C-, D-, E-, and F-Block licenses in Auction No. 58. Of the 24 winning bidders in that auction, 16 claimed small business status and won 156
licenses. On May 21, 2007, the Commission completed an auction of 33
licenses in the A-, C-, and F-Blocks in Auction No. 71. Of the 12 winning bidders in that auction, five claimed small business status and won 18
licenses. On August 20, 2008, the Commission completed the auction of 20 C-, D-, E-, and F-Block Broadband PCS licenses in Auction No. 78. Of the eight winning bidders for Broadband PCS licenses in that auction, six claimed small business status and won 14
licenses.
Wireless Communications Services.
This service can be used for fixed, mobile, radiolocation, and digital audio broadcasting satellite uses. The Commission defined small business for the wireless communications services WCS auction as an entity with average gross revenues of $40 million for each of the three preceding years, and a very small business as an entity with average gross revenues of $15
million for each of the three preceding years. The SBA has approved these small business size standards. In the Commissions auction for geographic area licenses in the WCS there were seven winning bidders that qualified as very small business entities, and one that qualified as a small business entity.
Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. This industry comprises establishments
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primarily engaged in manufacturing radio and television broadcast and wireless communications equipment.
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. The SBA has established a small business size standard for this industry of 1,250 employees or less.
U.S. Census Bureau data for 2012 shows that 841 establishments operated in this industry in that year. Of that number, 828 establishments operated with fewer than 1,000 employees, 7 establishments operated with between 1,000 and 2,499
employees, and 6 establishments operated with 2,500 or more employees.
Based on this data, the Commission concludes that a majority of manufacturers in this industry are small.
E. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities The Order imposes additional reporting, recordkeeping and/or other compliance obligations on certain small, as well as other, entities that process WEA alerts and manufacture mobile devices that receive such alerts, and could impose additional reporting, recordkeeping and/or other compliance obligations on small, as well as other entities that administer State EAS Plans, process and transmit EAS alerts, and manufacture equipment designed to process EAS alerts. While the Commission is not in a position to determine whether small entities will have to hire professionals to comply with its decisions and cannot quantify the cost of compliance for small entities, as discussed in the Order, the approaches it has taken to implement the requirements of NDAA21 have minimal or de minimis cost implications for impacted entities.
In the Order, the Commission adds a national alert category to WEA that WEA-enabled mobile device users cannot opt-out of receiving. The national alert category changes the name of the current Presidential Alerts category to National Alerts and includes alerts from both the President and the FEMA Administrator. Participating CMS
providers that use WEA header displays and settings menus that currently display Presidential Alert will have to change the display to read National Alert or discontinue their voluntary use of WEA header displays.
The Order also requires that each updated State EAS Plan submitted
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annually to the Commission for approval include a certification by the SECC Chairperson or Vice-Chairperson that the SECC has met in person, via teleconference, or via other methods of conducting virtual meetings at least once in the twelve months prior to submitting the annual updated plan to review and update their State EAS Plan.
The certification requirement will be included in the rules governing State EAS Plans and will be incorporated into the Alert Reporting System ARS. The certification requirement can be met via an on-screen ARS click-box, rather than requiring SECCs to complete extra paperwork to generate a certification document to attach in ARS.
To address the NDAA21s requirements for reporting by government entities on false EAS or WAS alerts, the Order revises the Commissions WEA and EAS rules to provide for voluntary reporting by the FEMA Administrator, State, local, Tribal, or territorial governments using an email reporting system. The rules provide guidance on the types of false alerts that are suitable to report discouraging reporting alerts where the incorrect information is de-minimis.
The Commission also provides guidance on the types of information in a report that it would find helpful, such as the time and date of the reported alert event, the geographic location where the alerts were received, the message the alert conveyed, how they became aware of the alert, over what medium the alert was transmitted e.g., broadcast or cable, whether it was an EAS or WEA
event, and who originated the alert if known.
To satisfy the alert repetition requirements in the NDAA21 the Order modifies the EAS rules to add a new section, 11.44 Alert Repetition, specifying that an alert originator may repeat an alert by releasing the alert anewi.e., re-originating the alertat least one minute subsequent to the time the message was initially released by the originator, as reflected in the repeat alerts JJJHHMM header code to meet its alert repetition obligation.
F. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant, specifically small business alternatives that it has considered in reaching its 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
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