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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Proposed Rules
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and Priority Mail must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.
For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing Director at 202 4180444.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions Notice of Proposed Rulemaking NPRM, FCC 21
98, MD Docket No. 21190, adopted on August 25, 2021 and released on August 26, 2021. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 45 L Street NE, Washington, DC 20554, and may also be purchased from the Commissions copy contractor, BCPI, Inc., 45 L Street, NE, Washington, DC 20554. Customers may contact BCPI, Inc. via their website, http www.bcpi.com, or call 1800
3783160. This document is available in alternative formats computer diskette, large print, audio record, and braille.
Persons with disabilities who need documents in these formats may contact the FCC by email: FCC504@fcc.gov or phone: 2024180530 or TTY: 202418
0432. Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID19.
See FCC Announces Closure of FCC
Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20304 March 19, 2020.
https www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. During the time the Commissions building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient.
I. Procedural Matters 1. Ex Parte Information. This proceeding shall be treated as a permitbut-disclose proceeding in accordance with the Commissions ex parte rules.
Persons making ex parte presentations must file a copy of any written
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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 section 1.1206b of the Commissions rules. In proceedings governed by section 1.49f of the Commissions rules 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.
2. Initial Regulatory Flexibility Analysis. An initial regulatory flexibility analysis IRFA is contained in this summary. Comments to the IRFA must be identified as responses to the IRFA
and filed by the deadlines for comments on the Notice of Proposed Rulemaking.
The Commission will send a copy of the Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration.
3. Initial Paperwork Reduction Act of 1995 Analysis. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995
PRA, Public Law 10413. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to
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the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44
U.S.C. 3506c4.
II. Notice of Proposed Rulemaking A. New Regulatory Fee Categories 1. We seek comment on whether we should adopt new regulatory fee categories and on ways to improve our regulatory fee process regarding any and all categories of service. Some commenters suggest that we impose fees on particular industry participants, essentially asking that we consider new fee categories, such as unlicensed spectrum users, especially large technology companies, to pay regulatory fees. We seek comment on the legal basis for assessing regulatory fees on such users, consistent with the precedent interpreting our section 9
authority. What would be the proposed methodology for assessing regulatory fees on unlicensed spectrum users? We note that unlicensed spectrum users include a significant number of equipment manufacturers, such as appliance and other home goods equipment, many of which neither apply for nor require authorization by the Commission. Commenters should also explain, to the extent they advocate imposition of regulatory fees on either a subset of users or certain entities benefitting from such use, how to define any new fee category and how to calculate and assess such fees on an annual basis. Alternatively, should the Commission assess regulatory fees on large technology companies based on a different basis, such as any advantages they receive because of the Commissions universal service or other activities? Are there other categories that should be added, deleted, or reclassified? In recommending the addition, deletion, or reclassification of a fee category, commenters should also explain the impact of such addition, deletion or reclassification upon other regulatory fee categories and payors. We also seek comment on possible methodologies for re-calculating the regulatory fee allocation.
2. Section 9 of the Communications Act requires the Commissions methodology for assessing regulatory fees to reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commissions activities. Commenters should specifically discuss how a proposed new fee category is consistent with the section 9 requirement to base regulatory fees on the number of FTEs
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