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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
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Attachment A/Section VI;
Attachment B/Section VI; Attachment F/Section VI: Rename the list of services in the Reference Questions section from Proposed Services to Proposed Services/Technologies/Network Infrastructure.
Attachment A/Question 36;
Attachment B/Question 35; Attachment F/Question 37: Revise questions so as to obtain a general description of the manner in which applicants will deliver services to customers.
Attachment A/Question 37;
Attachment B/Question 36; Attachment C/Question 45; Attachment D/Question 48; Attachment F/Question 38: Revise questions to use phrase provide services to and add a statement clarifying that the phrase provide services to in these questions includes situations in which the applicant provides service to, has customers in, or participates in the market in sectors of U.S. critical infrastructure.
All Attachments: Advise applicants that in the event that they find a question to be overly broad or unclear in its applicability, they should explain that in their response.
All Attachments: Make several revisions to the Standard Questions to correct spelling and grammatical mistakes, to correct formatting issues, and to ensure that questions are standardized across the six questionnaires.
The Standard Questionswith these changes and clarified instructionswill ensure that the Committee has the information it needs to conduct its national security and law enforcement review, while also addressing concerns raised by commenters that certain questions were unclear or overly burdensome.
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
58. The Commission did not receive comments specifically addressing the rules and policies proposed in the Supplemental IRFA. Nonetheless, in adopting the Standard Questions reflected in this Second Report and Order, the Commission has considered the potential impact of the rules and procedures proposed in the IRFA on small entities in order to reduce the economic impact of the rules and procedures enacted herein on such entities.
C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration 59. Pursuant to the Small Business Jobs Act of 2010, which amended the
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RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA, and to provide a detailed statement of any change made to the proposed rules as a result of those comments.
60. The Chief Counsel did not file any comments in response to the proposed Standard Questions in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply 61. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by rules. The RFA generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction. In addition, the term small business has the same meaning as the term small business concern under the Small Business Act.
A small business concern is one which:
1 Is independently owned and operated; 2 is not dominant in its field of operation; and 3 satisfies any additional criteria established by the Small Business Administration SBA.
Initial and Final Regulatory Flexibility Analyses were incorporated into the Executive Branch Review Order and the Notice of Proposed Rulemaking associated with that Order. In this Second Report and Order, we hereby incorporate by reference the descriptions and estimates of the number of small entities, as well as the associated analyses, set forth therein.
E. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements for Small Entities 62. This Second Report and Order adopts Standard Questions that would affect reporting, recordkeeping, and other compliance requirements for applicants who file for international section 214 authorizations, submarine cable landing licenses or applications to assign or transfer control of such authorizations, and section 310b petitions for declaratory rulings common carrier wireless, common carrier satellite earth stations, or broadcast. Applicants with reportable foreign ownership will be required to submit responses to standard national security and law enforcement questions and will need to certify in their applications that they have submitted the Standard Questions and will send a copy of their FCC application to the Committee. As noted in the FRFA in connection with the Executive Branch Review Order, all applicants for
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international section 214 authority and submarine cable licenses, regardless of whether they have reportable foreign ownership will be required to certify that they: 1 Will comply with the Communications Assistance for Law Enforcement Act CALEA; 2 will make certain communications and records available and subject to lawful request or valid legal process under U.S.
law; 3 will designate a point of contact in the United States who is a U.S.
citizen or lawful permanent resident; 4
will keep all submitted information accurate and complete during application process and after the application is no longer pending for purposes of section 1.65 of the rules, the authorization holder and/or licensee must inform the Commission and the Committee of any contact name changes; and 5 understand that failing to fulfill any condition of the grant or providing materially false information could result in revocation or termination of their authorization and other penalties. Petitioners for broadcast licensee petitions for a section 310b declaratory ruling for broadcast licenses will make the last three certifications but will not need to make the first two certifications.
F. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternative Considered 63. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following 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 and reporting requirements under the rules for such 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 such small entities.
64. In this Second Report and Order, the adopted Standard Questions will help improve the timeliness and transparency of the review process, thus lessening the burden of the licensing process on all applicants, including small entities. Requiring applicants to submit responses to the Standard Questions prior to or at the same time that they file their applications at the Commission rather than after filing the application at the Commission should facilitate a faster response by the Executive Branch on its national
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