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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Proposed Rules
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Commission believes that the closest NAICS code-based definitional categories for Non-Carrier RespOrgs are Other Services Related to Advertising and Other Management Consulting Services.
33. The U.S. Census defines Other Services Related to Advertising as comprising establishments primarily engaged in providing advertising services except advertising agency services, public relations agency services, media buying agency services, media representative services, display advertising services, direct mail advertising services, advertising material distribution services, and marketing consulting services. The SBA
has established a size standard for this industry as annual receipts of $16.5
million dollars or less. Census data for 2012 show that 5,804 firms operated in this industry for the entire year. Of that number, 5,612 operated with annual receipts of less than $10 million. Based on that data we conclude that the majority of Non-Carrier RespOrgs who provide toll-free number TFN-related advertising services are small.
34. The U.S. Census defines Other Management Consulting Services as establishments primarily engaged in providing management consulting services except administrative and general management consulting; human resources consulting; marketing consulting; or process, physical distribution, and logistics consulting.
Establishments providing telecommunications or utilities management consulting services are included in this industry. The SBA has established a size standard for this industry of $16.5 million dollars or less.
Census data for 2012 show that 3,683
firms operated in this industry for that entire year. Of that number, 3,632
operated with less than $10 million in annual receipts. Based on this data, we conclude that a majority of non-carrier
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RespOrgs who provide TFN-related management consulting services are small.
35. In addition to the data contained in the four see above U.S. Census NAICS code categories that provide definitions of what services and functions the Carrier and Non-Carrier RespOrgs provide, Somos, the trade association that monitors RespOrg activities, compiled data showing that as of July 1, 2016 there were 23
RespOrgs operational in Canada and 436
RespOrgs operational in the United States, for a total of 459 RespOrgs currently registered with Somos.
D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements for Small Entities 36. This NPRM does not propose any changes to the Commissions current information collection, reporting, recordkeeping, or compliance requirements. Licensees, including small entities, will be required to pay application fees after such fees are adopted.
E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 37. The RFA requires an agency to describe any significant 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 available to small entities; 2 the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for 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 small entities.
38. The NPRM seeks comment on a methodology to calculate regulatory fees
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for small satellites. These small satellite systems are NGSOs; however, the Commission is proposing assessing a much smaller regulatory fee than the fee currently assessed on other NGSO
systems. This new methodology would minimize the impact on small entities because the fee would be much lower than the existing NGSO fee. We also 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. We also seek comment on possible methodologies for recalculating the regulatory fee allocation.
39. In addition, the Commission has taken steps to minimize the economic impact on small entities by adopting a de minimis threshold under the section 9e2 exemption in the Act. Under the section 9e2 exemption, a regulatee is exempt from paying regulatory fees if the sum total of all of its annual regulatory fee liabilities is $1,000 or less for the fiscal year. The threshold applies only to filers of annual regulatory fees, not regulatory fees paid through multiyear filings.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules 40. None.
IV. Ordering Clauses 41. Accordingly, it is ordered that, pursuant to the authority found in sections 4i and j, 9, 9A, and 303r of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 154j, 159, 159A, and 303r, this Notice of Proposed Rulemaking is hereby adopted.
Federal Communications Commission.
Marlene Dortch, Secretary.
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