Rule2021-20544
Practice and Procedure, CORES Registration System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 29, 2021
Effective
November 29, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) adopts a Report and Order to require entities and individuals doing business with the Commission to provide a valid email address when they register for FCC Registration Numbers (FRNs) and to keep the email information current along with other information used to register.
Full Text
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59858-59868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20544]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MD Docket No. 10-234; FCC 21-79; FR ID 46781]
Practice and Procedure, CORES Registration System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts a Report and Order to require entities and
individuals doing business with the Commission to provide a valid email
address when they register for FCC Registration Numbers (FRNs) and to
keep the email information current along with other information used to
register.
DATES: Effective November 29, 2021. The non-substantive change to an
information collection effected by the revision to Sec. 1.8002(b)(2)
of the Commission's rules was approved by the Office of Management and
Budget (OMB) on August 11, 2021.
FOR FURTHER INFORMATION CONTACT: Hua Lu, Financial Systems Operations
[[Page 59859]]
Group, Office of Managing Director, <a href="/cdn-cgi/l/email-protection#ef879a8ec1839aaf898c8cc1888099"><span class="__cf_email__" data-cfemail="19716c7837756c597f7a7a377e766f">[email protected]</span></a>; 202.418.2424.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, in MD Docket No. 10-234, FCC 21-79, adopted on June 21, 2021
and released on June 22, 2021. The full text of this document is
available for public inspection and copying during normal business
hours in the FCC Reference Center, 45 L Street NE, Washington, DC
20554, or by downloading the text from the Commission's website at
<a href="https://docs.fcc.gov/public/attachments/FCC-21-79A1.pdf">https://docs.fcc.gov/public/attachments/FCC-21-79A1.pdf</a>.
Synopsis
I. Administrative Matters
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980 (RFA), the
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA)
relating to this Report and Order. The FRFA is located towards the end
of this document.
B. Final Paperwork Reduction Act of 1995 Analysis
2. The Report and Order adopts a new information collection
requirement subject to the Paperwork Reduction Act of 1995 (PRA). The
new information collection requirement was submitted to the Office of
Management and Budget (OMB) for review under section 3507(d) of the PRA
and pre-approved on March 15, 2011. In addition, the Report and Order
adopts a non-substantive change to an existing approved information
collection. This non-substantive change was approved by OMB on August
11, 2021.
C. Congressional Review Act.
3. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that these rules are non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Report and Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
4. In 2000, the Commission established CORES, a web-based,
password-protected, registration system that assigns a unique 10-digit
FRN to a registrant for use when doing business with the FCC. While
initially voluntary, in 2001 the Commission established that
individuals and entities were required to obtain FRNs and supply FRNs
when doing business with the Commission. Section 1.8002(b)(1) of the
Commission's rules lists the information currently required from
entities seeking to register for an FRN. Email address information has
not been previously required under the rule. Section 1.8002(b)(2)
requires that the information used to register for an FRN be kept
current by the registrant.
5. In 2010, the Commission proposed modifications to CORES, seeking
comment targeted at making CORES more user and feature-friendly and
eliminating some of the system's then-current limitations. The 2010
notice of proposed rulemaking (NPRM) (76 FR 5652, Feb. 1, 2011) sought
comment about potential changes to the FRN requirements, including
whether email addresses should be required to be provided as part of
the CORES registration process. The Commission tentatively concluded
that ``[g]iven the significant increase in the use of and dependence on
email in the years since CORES first became operational'' all FRN
holders should be required to provide an email address upon registering
in CORES. The Commission also tentatively concluded that entities and
individuals should be required to validate email addresses at the time
of registration by clicking on a link that CORES would automatically
send to the email address that was provided.
6. In 2016, the Office of Managing Director (OMD) posted an
upgraded version of CORES on the Commission's website providing FRN
registrants more user-friendly and secure features such as enabling
existing and new users to designate usernames to access FRNs and
allowing registrants to establish multiple usernames for each FRN with
different levels of access. Password recovery, already a feature of the
legacy CORES, was also a component of the new version of CORES,
providing users with password-recovery security questions to enable
them to recover forgotten passwords. Although the new CORES has been
available since 2016, the original ``legacy'' version of CORES has also
remained available and in use for FRN registration. Maintaining both
the new and legacy CORES on the Commission's website is consistent with
the Commission's practice of rolling out upgrades to the CORES systems
on a voluntary basis before making such changes mandatory.
7. Entities and individuals that register for FRNs in the new
version of CORES must provide email address information which is
verified through an email verification link in the FCC User
Registration System. An email address remains an optional information
request in legacy CORES. The current version of the paper forms for
obtaining or updating an FRN, FCC Forms 160 and 161, however, require
filers to provide a contact email address as part of the registration
process.
II. Report and Order
8. We amend Sec. 1.8002(b) of the Commission's rules to require
entities and individuals doing business with the Commission to provide
their email addresses when they register for FRNs and to keep the email
information current along with other information used to register. We
find that it is in the public interest to require email address
information as part of the FRN registration process and to maintain a
valid email address for all FRN registrants. This change will enable
OMD to remove access to legacy CORES from the Commission's website at a
later date and maintain only the modernized version of CORES for FRN
registration. The new CORES is a more efficient and secure system for
managing the Commission's financial and management matters. The change
will also be more user-friendly and streamlined for CORES registrants
that currently must decide between two versions of CORES.
9. The Commission received several comments on the proposal to
require email addresses as part of CORES registration. Sprint, AT&T,
and Frontier supported the Commission's proposal to collect email
addresses for FRN holders and also supported the Commission using email
address information to communicate with FRN holders. Sprint, for
example, maintained that such a mandate ``will help avoid misrouted
inquiries and delayed responses between entities and the Commission.''
The National Association for Amateur Radio (ARRL) and Blooston Law,
however, argued for email address information to remain optional. ARRL
asserted that certain individuals do not have and cannot obtain email
addresses, such as those that are economically disadvantaged, those
that live in very rural areas, and children. Blooston Law highlights
that internet access is less available and can be absent in very remote
areas. It also suggested that some FRN users do not subscribe to an
internet service due to cost and asserted that the best methods for
communication remain telephone and U.S. Mail, so that in the event of
an absence, another contact representative is able to address the
matter.
10. Although some individuals may lack resources or connectivity
for a personal or home internet service, as compared to what was
present at the time of the comment window for the 2010 NPRM, there is
wide availability of
[[Page 59860]]
free or low cost public internet access today. For example, users may
access the internet for free in public libraries, and also in schools
that offer internet connectivity for after-hours community use. Also,
other Commission proceedings have demonstrated that there is a vast
majority of entities that already communicate with the Commission
electronically. If there are entities and individuals that seek to do
business with the Commission that lack access to internet service, they
may need to use a proxy to register for an FRN with a valid email
address, such as children seeking amateur radio licenses who rely on a
parent or guardian to assist with the licensing process. Registrants
are also able to use online support services or call a help desk to ask
questions and receive help with their registrations.
11. The public benefit of adopting this rule change, which will
enable the Commission to retire legacy CORES and retain the new CORES
to deliver enhanced features and security, outweighs the potential
burdens that may be faced by a small subset of users to provide email
address information. Because it helps authenticate the individuals who
will be utilizing the Commission's information systems, the new CORES
is a more secure tool for the Commission and external users through the
use of personal username registration and email verification. An email
address is a unique ID and/or digital identity for each user that not
only helps ensure the FCC provides better service and user experience
based on data collected per a registered email address, it
differentiates one user from another by establishing a digital identity
to each person. By using an established email address and associated
password, a user is granted appropriate access to do business with FCC.
12. Requiring email address information as part of FRN registration
and requiring users to keep up-to-date email addresses in CORES will
enable the Commission to fully finalize its shift from U.S. Postal
Service delivery to electronic delivery of notices and other
correspondence related to CORES. Therefore, retiring legacy CORES
allows the Commission to operate more efficiently and effectively by
freeing up the resources currently being used to maintain and operate
two CORES systems, and by allowing the Commission to email CORES
registrants CORES and FRN-related information rather than needing to
send this information in mailed letters. We provide further guidance on
OMD's implementation of this transition below.
13. Implementation of the Rule Change. After the rule revision goes
into effect, we direct OMD to announce by public notice the end date
for access to legacy CORES. To streamline this transition and best
prepare for any upcoming Commission business, new and current
registrants are encouraged to use the modernized CORES as soon as
possible. Because the modernized CORES has been available since 2016,
users do not need to wait for legacy CORES to be retired or for the
rule change announced here to go into effect to take this step.
14. Retiring legacy CORES will primarily impact three groups of
CORES users. First, users seeking to make changes related to their FRN
will need to do so in the new CORES by associating with their FRN a
user-specific identification (username) and password to continue
managing their FRN. Second, any person or entity that does not yet have
an FRN, but seeks to do business with the Commission, will use the new
CORES to register. Third, users that forget their password and seek to
reset their password online will use the new CORES to reset their
password.
15. After the legacy CORES is retired, we delegate authority to OMD
to allow users that obtained their FRN through legacy CORES and have
not associated a valid email address with their FRN, to continue to use
that FRN without an associated valid email address for a limited
period. OMD, in consultation with the Commission's Chief Information
Officer, will determine what steps to take to bring such users into
compliance and ensure that the benefits of the rule change are fully
utilized. We note, however, that this limited flexibility with respect
to CORES does not negate the fact that certain Commission information
systems and applications currently require, or may in the future
require, valid email address information to gain entry or otherwise use
such systems.
16. We are also deleting Sec. 1.8002(e) of the Commission's rules
because it is out of date. FRNs must be assigned through CORES and
cannot be assigned by the Billing and Collection Agent for North
American Numbering Plan Administration and the Administrators of the
Universal Service Fund and the Telecommunications Relay Services Fund
as suggested in Sec. 1.8002(e).
17. Paperwork Reduction Act Analysis. The Report and Order adopts a
new information collection requirement subject to the Paperwork
Reduction Act of 1995 (PRA). The new information collection requirement
was submitted to the Office of Management and Budget (OMB) for review
under section 3507(d) of the PRA and pre-approved on March 15, 2011. In
addition, the Report and Order adopts a non-substantive change to an
existing approved information collection. This non-substantive change
was approved by OMB on August 11, 2021.
18. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared a
Final Regulatory Flexibility Analysis (FRFA) relating to this Report
and Order.
III. Final Regulatory Flexibility Analysis
19. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA'') we incorporated an Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules proposed
in the 2010 NPRM. No comments were filed addressing the IRFA. Because
we amend a Commission rule in this Report and Order, we have included
this Final Regulatory Flexibility Analysis (FRFA). This present FRFA
conforms to the RFA.
A. Need for and Objectives of the Proposed Rules
20. In the Report and Order, the Commission amends Sec. 1.8002(b)
of the Commission's rules to require entities and individuals doing
business with the Commission, or seeking to business with the
Commission, to provide their email addresses when they register for
FRNs and to keep the email information current along with other
information used to register. This change finalizes the requirement for
CORES users to provide email address information as part of FRN
registration: Email address submission is a requirement only in the
newer, modernized version of CORES. With this change, the Commission
will be able to end access to the original ``legacy'' CORES that has
been available since the Commission established CORES in 2000 for FRN
registration, and transition CORES users to the updated version of
CORES for FRN registration. The updated version of CORES that will
replace legacy CORES is a more efficient and secure system for managing
the Commission's financial management matters because it will allow the
Commission to email CORES registrants CORES and FRN-related information
rather than require the use of U.S. Postal Service delivery, and the
new CORES employs identity and access management for authenticating and
authorizing access to the system. The email requirements named herein
[[Page 59861]]
are the only specific requirements being adopted in this Report and
Order.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
21. There were no comments received in response to the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
22. Pursuant to the Small Business Jobs Act of 2010, which amended
the 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. The Chief Counsel did not
file any comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
23. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA 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.
24. The changes or additions to the Commission's part 1 rules that
will be made as a result of the Report and Order are of general
applicability to all services, applying to all entities of any size
that apply for or hold Commission licenses, permits, certifications,
etc., as well as entities or individuals that have attributable
ownership interests in such entities, and have already obtained or will
in the future obtain a unique identifying number through CORES called
an FCC Registration Number, or ``FRN.''
25. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the Small Business
Administration's (SBA) Office of Advocacy, in general a small business
is an independent business having fewer than 500 employees. These types
of small businesses represent 99.9% of all businesses in the United
States, which translates to 30.7 million businesses. Next, the type of
small entity described as a ``small organization'' is generally ``any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.'' The Internal Revenue Service (IRS) uses
a revenue benchmark of $50,000 or less to delineate its annual
electronic filing requirements for small exempt organizations.
Nationwide, for tax year 2018, there were approximately 571,709 small
exempt organizations in the U.S. reporting revenues of $50,000 or less
according to the registration and tax data for exempt organizations
available from the IRS. Finally, the small entity described as a
``small governmental jurisdiction'' is defined generally as
``governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than fifty
thousand.'' U.S. Census Bureau data from the 2017 Census of Governments
indicate that there were 90,075 local governmental jurisdictions
consisting of general purpose governments and special purpose
governments in the United States. Of this number there were 36,931
general purpose governments (county, municipal and town or township)
with populations of less than 50,000 and 12,040 special purpose
governments--independent school districts with enrollment populations
of less than 50,000. Accordingly, based on the 2017 U.S. Census of
Governments data, we estimate that at least 48,971 entities fall into
the category of ``small governmental jurisdictions.''
E. Providers of Telecommunications and Other Services
26. 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.'' 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. U.S. Census Bureau data for
2012 show that there were 3,117 firms that operated that year. Of this
total, 3,083 operated with fewer than 1,000 employees. Thus, under this
size standard, the majority of firms in this industry can be considered
small.
27. Local Resellers. The SBA has not developed a small business
size standard specifically for Local Resellers. The SBA category of
Telecommunications Resellers is the closest NAICs code category for
local resellers. The Telecommunications Resellers industry comprises
establishments engaged in purchasing access and network capacity from
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. Mobile virtual network operators (MVNOs) are included
in this industry. Under the SBA's size standard, such a business is
small if it has 1,500 or fewer employees. U.S. Census Bureau data from
2012 show that 1,341 firms provided resale services during that year.
Of that number, all operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 213 carriers have reported that they are
engaged in the provision of local resale services. Of these, an
estimated 211 have 1,500 or fewer employees and two have more than
1,500 employees. Consequently, the Commission estimates that the
majority of local resellers are small entities.
28. Toll Resellers. The Commission has not developed a definition
for Toll Resellers. The closest NAICS Code Category is
Telecommunications Resellers. The Telecommunications Resellers industry
comprises establishments engaged in purchasing access and network
capacity from
[[Page 59862]]
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. MVNOs are included in this industry. The SBA has
developed a small business size standard for the category of
Telecommunications Resellers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 881 carriers have reported that they are
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of toll resellers are small
entities.
29. Payphone Service Providers (``PSPs''). The Commission has not
developed a definition for Payphone Service Providers. The closest
NAICS Code Category is Telecommunications Resellers. The
Telecommunications Resellers industry comprises establishments engaged
in purchasing access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. MVNOs
are included in this industry. The SBA has developed a small business
size standard for the category of Telecommunications Resellers. Under
that size standard, such a business is small if it has 1,500 or fewer
employees. 2012 Census Bureau data show that 1,341 firms provided
resale services during that year. Of that number, 1,341 operated with
fewer than 1,000 employees. Thus, under this category and the
associated small business size standard, the majority of these
resellers can be considered small entities. According to Commission
data, 881 carriers have reported that they are engaged in the provision
of toll resale services. Of this total, an estimated 857 have 1,500 or
fewer employees. Consequently, the Commission estimates that the
majority of toll resellers are small.
30. Prepaid Calling Card Providers. Neither the Commission nor the
SBA has developed a small business size standard specifically for
prepaid calling card providers. The appropriate size standard under SBA
rules is for the category Telecommunications Resellers. The
Telecommunications Resellers industry comprises establishments engaged
in purchasing access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. MVNOs
are included in this industry. The SBA has developed a small business
size standard for the category of Telecommunications Resellers. Under
that size standard, such a business is small if it has 1,500 or fewer
employees. 2012 Census Bureau data show that 1,341 firms provided
resale services during that year. Of that number, 1,341 operated with
fewer than 1,000 employees. Thus, under this category and the
associated small business size standard, the majority of these
resellers can be considered small entities. According to Commission
data, 881 carriers have reported that they are engaged in the provision
of toll resale services. Of this total, an estimated 857 have 1,500 or
fewer employees. Consequently, the Commission estimates that the
majority of Prepaid Calling Card Providers are small.
31. 800 and 800-Like Service Subscribers. Neither the Commission
nor the SBA has developed a small business size standard specifically
for 800 and 800-like service (``toll free'') subscribers. The
appropriate size standard under SBA rules is for the category
Telecommunications Resellers. The Telecommunications Resellers industry
comprises establishments engaged in purchasing access and network
capacity from owners and operators of telecommunications networks and
reselling wired and wireless telecommunications services (except
satellite) to businesses and households. Establishments in this
industry resell telecommunications; they do not operate transmission
facilities and infrastructure. MVNOs are included in this industry. The
SBA has developed a small business size standard for the category of
Telecommunications Resellers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 881 carriers have reported that they are
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of 800 and 800-Like Service
Providers are small.
32. Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
we estimate that the majority of satellite telecommunications providers
are small entities.
33. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of establishments primarily
engaged in providing specialized telecommunications services, such as
satellite tracking, communications telemetry, and radar station
operation. This industry also includes establishments primarily engaged
in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of
transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Establishments providing internet services or
voice over internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry. The
SBA has developed a small business size standard for All Other
Telecommunications, which consists of all such firms with annual
receipts of $35 million or less. For this category, U.S. Census Bureau
data for 2012 shows that there were 1,442 firms that operated for the
entire year. Of those firms, a total of 1,400 had annual
[[Page 59863]]
receipts less than $25 million. Thus, the Commission estimates that the
majority of ``All Other Telecommunications'' firms potentially affected
by our action can be considered small.
34. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census data for 2012 show that there were 967 firms that operated for
the entire year. Of this total, 955 firms had employment of 999 or
fewer employees. Thus, under this category and the associated size
standard, the Commission estimates that the majority of wireless
telecommunications carriers (except satellite) are small entities.
35. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound.'' These establishments operate television
broadcast studios and facilities for the programming and transmission
of programs to the public. These establishments also produce or
transmit visual programming to affiliated broadcast television
stations, which in turn broadcast the programs to the public on a
predetermined schedule. Programming may originate in their own studio,
from an affiliated network, or from external sources. The SBA has
created the following small business size standard for such businesses:
Those having $41.5 million or less in annual receipts. The 2012
Economic Census reports that 751 firms in this category operated in
that year. Of that number, 656 had annual receipts of $25,000,000 or
less. Based on this data we therefore estimate that the majority of
commercial television broadcasters are small entities under the
applicable SBA size standard.
36. The Commission has estimated the number of licensed commercial
television stations to be 1,377. Of this total, 1,258 stations (or
about 91 percent) had revenues of $41.5 million or less, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on November 16, 2017, and therefore these
licensees qualify as small entities under the SBA definition. In
addition, the Commission has estimated the number of licensed
noncommercial educational television stations to be 384.
Notwithstanding, the Commission does not compile and otherwise does not
have access to information on the revenue of NCE stations that would
permit it to determine how many such stations would qualify as small
entities. There are also 2,300 low power television stations, including
Class A stations (LPTV) and 3,681 TV translator stations. Given the
nature of these services, we will presume that all of these entities
qualify as small entities under the above SBA small business size
standard.
37. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the
definition of a small business on this basis and is therefore possibly
over-inclusive. Also, as noted above, an additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. The Commission notes that it is
difficult at times to assess these criteria in the context of media
entities and its estimates of small businesses to which they apply may
be over-inclusive to this extent.
38. Radio Stations. This Economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public.'' The SBA has created the following small business
size standard for this category: Those having $41.5 million or less in
annual receipts. Census data for 2012 show that 2,849 firms in this
category operated in that year. Of this number, 2,806 firms had annual
receipts of less than $25 million. Because the Census has no additional
classifications that could serve as a basis for determining the number
of stations whose receipts exceeded $41.5 million in that year, we
conclude that the majority of radio broadcast stations were small
entities under the applicable SBA size standard. In addition, the
Commission has estimated the number of noncommercial educational FM
radio stations to be 4,122. NCE stations are non-profit, and therefore
considered to be small entities.
39. Auxiliary, Special Broadcast and Other Program Distribution
Services. This service involves a variety of transmitters, generally
used to relay broadcast programming to the public (through translator
and booster stations) or within the program distribution chain (from a
remote news gathering unit back to the station). Neither the SBA nor
the Commission has developed a size standard applicable to broadcast
auxiliary licensees. The closest applicable SBA category and small
business size standard falls under Radio Stations and Television
Broadcasting. The SBA size standard for radio stations is $41.5 million
per year. U.S. Census Bureau data for 2012 show that 2,849 radio
station firms operated during that year. Of that number, 2,806 firms
operated with annual receipts of less than $25 million per year. For
Television Broadcasting the SBA small business size standard is such
businesses having $41.5 million or less in annual receipts. U.S. Census
Bureau data show that 751 firms in this category operated in that year.
Of that number, 656 had annual receipts of $25,000,000 or less.
Accordingly, based on the U.S. Census Bureau data for Radio Stations
and Television Broadcasting, the Commission estimates that the majority
of Auxiliary, Special Broadcast and Other Program Distribution Services
firms are small.
40. Cable Companies and Systems (Rate Regulation). The Commission
has also developed its own small business size standards, for the
purpose of cable rate regulation. Under the Commission's rules, a
``small cable company'' is one serving 400,000 or fewer subscribers
nationwide. Industry data indicate that there are 4,600 active cable
systems in the United States. Of this total, all but five cable
operators nationwide are small under the 400,000-subscriber size
standard. In addition, under the Commission's rate regulation rules, a
``small system'' is a cable system serving 15,000 or fewer subscribers.
Commission records show 4,600 cable systems nationwide. Of this total,
3,900 cable systems have fewer than 15,000 subscribers, and 700 systems
have 15,000 or more subscribers, based on the same records. Thus, under
this standard as well, we estimate that most cable systems are small
entities
41. Internet Service Providers. Broadband internet service
providers include wired (e.g., cable, DSL) and VoIP service providers
using their own operated wired telecommunications
[[Page 59864]]
infrastructure fall in the category of Wired Telecommunication
Carriers. Wired Telecommunications Carriers are comprised of
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 telecommunications networks. Transmission facilities may be based
on a single technology or a combination of technologies. The SBA size
standard for this category classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2012 show that
there were 3,117 firms that operated that year. Of this total, 3,083
operated with fewer than 1,000 employees. Consequently, under this size
standard the majority of firms in this industry can be considered
small.
F. Schools and Libraries
42. Schools. While the Commission does define entities eligible to
participate in the E-Rate program, neither the Commission nor the SBA
have a size standard for small entities specifically applicable to
schools. Under the E-Rate program, which provides support for
elementary and secondary schools and libraries, an elementary school is
generally ``a non-profit institutional day or residential school that
provides elementary education, as determined under state law.'' A
secondary school is generally defined as ``a non-profit institutional
day or residential school that provides secondary education, as
determined under state law,'' and not offering education beyond grade
12. For-profit schools, and schools with endowments in excess of
$50,000,000, are not eligible to receive discounts under the E-Rate
program.
43. Although the SBA does not have a size standard for small
entities specifically applicable to schools, the closest NAICS Code
category is Elementary and Secondary Schools under the subsector
Educational Services. The SBA has developed a small business size
standard for Elementary and Secondary Schools which consists of all
such entities with gross annual receipts of $12 million or less. In
funding year 2017, approximately 104,500 schools received funding under
the schools and libraries universal service mechanism. Although we are
unable to estimate the exact number of these entities that would
qualify as small entities under SBA's size standard, we estimate that
fewer than 104,500 schools might be affected by our action.
44. Libraries. The Commission does have definitions for entities
that participate in the E-Rate program but neither the Commission nor
the SBA have a size standard for small entities specifically applicable
to libraries. Under the E-Rate program, which provides support for
libraries, a library includes ``(1) a public library, (2) a public
elementary school or secondary school library, (3) an academic library,
(4) a research library [] and (5) a private library, but only if the
state in which such private library is located determines that the
library should be considered a library for the purposes of this
definition.'' For-profit libraries, are not eligible to receive
discounts under the program, nor are libraries whose budgets are not
completely separate from any schools.
45. Although the SBA does not have a size standard for small
entities specifically applicable to libraries, the closest NAICS Code
category is Libraries and Archives. The SBA has developed a small
business size standard for Libraries and Archives which consists of all
such entities with gross annual receipts of $16.5 million or less. In
funding year 2017, approximately 11,490 libraries received funding
under the schools and libraries universal service mechanism. Although
we are unable to estimate the exact number of these entities that would
qualify as small entities under SBA's size standard, we estimate that
fewer than 11,490 libraries might be affected annually by our action.
G. Health Care Providers
46. Offices of Physicians (except Mental Health Specialists). This
U.S. industry comprises establishments of health practitioners having
the degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy)
primarily engaged in the independent practice of general or specialized
medicine (except psychiatry or psychoanalysis) or surgery. These
practitioners operate private or group practices in their own offices
(e.g., centers, clinics) or in the facilities of others, such as
hospitals or health maintenance organization (HMO) medical centers. The
SBA has created a size standard for this industry, which is annual
receipts of $11 million or less. According to 2012 U.S. Economic
Census, 152,468 firms operated throughout the entire year in this
industry. Of that number, 147,718 had annual receipts of less than $10
million. Based on this data, we conclude that a majority of firms
operating in this industry are small under the applicable size
standard.
47. Offices of Physicians, Mental Health Specialists. The U.S.
industry comprises establishments of health practitioners having the
degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy)
primarily engaged in the independent practice of psychiatry or
psychoanalysis. These practitioners operate private or group practices
in their own offices (e.g., centers, clinics) or in the facilities of
others, such as hospitals or HMO medical centers. The SBA has
established a size standard for businesses in this industry, which is
annual receipts of $12 million dollars or less. The U.S. Economic
Census indicates that 8,809 firms operated throughout the entire year
in this industry. Of that number 8,791 had annual receipts of less than
$10 million. Based on this data, we conclude that a majority of firms
in this industry are small under the applicable standard.
48. Offices of Dentists. This U.S. industry comprises
establishments of health practitioners having the degree of D.M.D.
(Doctor of Dental Medicine), D.D.S. (Doctor of Dental Surgery), or
D.D.S. (Doctor of Dental Science) primarily engaged in the independent
practice of general or specialized dentistry or dental surgery. These
practitioners operate private or group practices in their own offices
(e.g., centers, clinics) or in the facilities of others, such as
hospitals or HMO medical centers. They can provide either comprehensive
preventive, cosmetic, or emergency care, or specialize in a single
field of dentistry. The SBA has established a size standard for that
industry of annual receipts of $8.0 million or less. The 2012 U.S.
Economic Census indicates that 115,268 firms operated in the dental
industry throughout the entire year. Of that number 114,417 had annual
receipts of less than $5 million. Based on this data, we conclude that
a majority of business in the dental industry are small under the
applicable standard.
49. Offices of Chiropractors. This U.S. industry comprises
establishments of health practitioners having the degree of DC (Doctor
of Chiropractic) primarily engaged in the independent practice of
chiropractic. These practitioners provide diagnostic and therapeutic
treatment of neuromusculoskeletal and related disorders through the
manipulation and adjustment of the spinal column and extremities, and
operate private or group practices in their own offices (e.g., centers,
clinics) or in the facilities of others, such as hospitals or HMO
medical centers. The SBA has established a size standard for this
industry, which is annual receipts of $8.0 million or less. The 2012
U.S.
[[Page 59865]]
Economic Census statistics show that in 2012, there were 33,940 firms
operated throughout the entire year. Of that number 33,910 operated
with annual receipts of less than $5 million per year. Based on that
data, we conclude that a majority of chiropractors are small.
50. Offices of Optometrists. This U.S. industry comprises
establishments of health practitioners having the degree of O.D.
(Doctor of Optometry) primarily engaged in the independent practice of
optometry. These practitioners examine, diagnose, treat, and manage
diseases and disorders of the visual system, the eye and associated
structures as well as diagnose related systemic conditions. Offices of
optometrists prescribe and/or provide eyeglasses, contact lenses, low
vision aids, and vision therapy. They operate private or group
practices in their own offices (e.g., centers, clinics) or in the
facilities of others, such as hospitals or HMO medical centers, and may
also provide the same services as opticians, such as selling and
fitting prescription eyeglasses and contact lenses. The SBA has $8.0
established a size standard for businesses operating in this industry,
which is annual receipts of million or less. The 2012 Economic Census
indicates that 18,050 firms operated the entire year. Of that number,
17,951 had annual receipts of less than $5 million. Based on this data,
we conclude that a majority of optometrists in this industry are small.
51. Offices of Mental Health Practitioners (except Physicians).
This U.S. industry comprises establishments of independent mental
health practitioners (except physicians) primarily engaged in (1) the
diagnosis and treatment of mental, emotional, and behavioral disorders
and/or (2) the diagnosis and treatment of individual or group social
dysfunction brought about by such causes as mental illness, alcohol and
substance abuse, physical and emotional trauma, or stress. These
practitioners operate private or group practices in their own offices
(e.g., centers, clinics) or in the facilities of others, such as
hospitals or HMO medical centers. The SBA has created a size standard
for this industry, which is annual receipts of $8.0 million or less.
The 2012 U.S. Economic Census indicates that 16,058 firms operated
throughout the entire year. Of that number, 15,894 firms received
annual receipts of less than $5 million. Based on this data, we
conclude that a majority of mental health practitioners who do not
employ physicians are small.
52. Offices of Physical, Occupational and Speech Therapists and
Audiologists. This U.S. industry comprises establishments of
independent health practitioners primarily engaged in one of the
following: (1) Providing physical therapy services to patients who have
impairments, functional limitations, disabilities, or changes in
physical functions and health status resulting from injury, disease or
other causes, or who require prevention, wellness or fitness services;
(2) planning and administering educational, recreational, and social
activities designed to help patients or individuals with disabilities,
regain physical or mental functioning or to adapt to their
disabilities; and (3) diagnosing and treating speech, language, or
hearing problems. These practitioners operate private or group
practices in their own offices (e.g., centers, clinics) or in the
facilities of others, such as hospitals or HMO medical centers. The SBA
has established a size standard for this industry, which is annual
receipts of $8.0 million or less. The 2012 U.S. Economic Census
indicates that 20,567 firms in this industry operated throughout the
entire year. Of this number, 20,047 had annual receipts of less than $5
million. Based on this data, we conclude that a majority of businesses
in this industry are small.
53. Offices of Podiatrists. This U.S. industry comprises
establishments of health practitioners having the degree of D.P.M.
(Doctor of Podiatric Medicine) primarily engaged in the independent
practice of podiatry. These practitioners diagnose and treat diseases
and deformities of the foot and operate private or group practices in
their own offices (e.g., centers, clinics) or in the facilities of
others, such as hospitals or HMO medical centers. The SBA has
established a size standard for businesses in this industry, which is
annual receipts of $8.0 million or less. The 2012 U.S. Economic Census
indicates that 7,569 podiatry firms operated throughout the entire
year. Of that number, 7,545 firms had annual receipts of less than $5
million. Based on this data, we conclude that a majority of firms in
this industry are small.
54. Offices of All Other Miscellaneous Health Practitioners. This
U.S. industry comprises establishments of independent health
practitioners (except physicians; dentists; chiropractors;
optometrists; mental health specialists; physical, occupational, and
speech therapists; audiologists; and podiatrists). These practitioners
operate private or group practices in their own offices (e.g., centers,
clinics) or in the facilities of others, such as hospitals or HMO
medical centers. The SBA has established a size standard for this
industry, which is annual receipts of $8.0 million or less. The 2012
U.S. Economic Census indicates that 11,460 firms operated throughout
the entire year. Of that number, 11,374 firms had annual receipts of
less than $5 million. Based on this data, we conclude the majority of
firms in this industry are small.
55. Family Planning Centers. This U.S. industry comprises
establishments with medical staff primarily engaged in providing a
range of family planning services on an outpatient basis, such as
contraceptive services, genetic and prenatal counseling, voluntary
sterilization, and therapeutic and medically induced termination of
pregnancy. The SBA has established a size standard for this industry,
which is annual receipts of $12 million or less. The 2012 Economic
Census indicates that 1,286 firms in this industry operated throughout
the entire year. Of that number 1,237 had annual receipts of less than
$10 million. Based on this data, we conclude that the majority of firms
in this industry are small.
56. Outpatient Mental Health and Substance Abuse Centers. This U.S.
industry comprises establishments with medical staff primarily engaged
in providing outpatient services related to the diagnosis and treatment
of mental health disorders and alcohol and other substance abuse. These
establishments generally treat patients who do not require inpatient
treatment. They may provide a counseling staff and information
regarding a wide range of mental health and substance abuse issues and/
or refer patients to more extensive treatment programs, if necessary.
The SBA has established a size standard for this industry, which is
$16.5 million or less in annual receipts. The 2012 U.S. Economic Census
indicates that 4,446 firms operated throughout the entire year. Of that
number, 4,069 had annual receipts of less than $10 million. Based on
this data, we conclude that a majority of firms in this industry are
small.
57. HMO Medical Centers. This U.S. industry comprises
establishments with physicians and other medical staff primarily
engaged in providing a range of outpatient medical services to the HMO
subscribers with a focus generally on primary health care. These
establishments are owned by the HMO. Included in this industry are HMO
establishments that both provide health care services and underwrite
health and medical insurance policies. The SBA has established a size
standard for this industry, which is $35 million or less in
[[Page 59866]]
annual receipts. The 2012 U.S. Economic Census indicates that 14 firms
in this industry operated throughout the entire year. Of that number, 5
firms had annual receipts of less than $25 million. Based on this data,
we conclude that approximately one-third of the firms in this industry
are small.
58. Freestanding Ambulatory Surgical and Emergency Centers. This
U.S. industry comprises establishments with physicians and other
medical staff primarily engaged in (1) providing surgical services
(e.g., orthoscopic and cataract surgery) on an outpatient basis or (2)
providing emergency care services (e.g., setting broken bones, treating
lacerations, or tending to patients suffering injuries as a result of
accidents, trauma, or medical conditions necessitating immediate
medical care) on an outpatient basis. Outpatient surgical
establishments have specialized facilities, such as operating and
recovery rooms, and specialized equipment, such as anesthetic or X-ray
equipment. The SBA has established a size standard for this industry,
which is annual receipts of $16.5 million or less. The 2012 U.S.
Economic Census indicates that 3,595 firms in this industry operated
throughout the entire year. Of that number, 3,222 firms had annual
receipts of less than $10 million. Based on this data, we conclude that
a majority of firms in this industry are small.
59. All Other Outpatient Care Centers. This U.S. industry comprises
establishments with medical staff primarily engaged in providing
general or specialized outpatient care (except family planning centers,
outpatient mental health and substance abuse centers, HMO medical
centers, kidney dialysis centers, and freestanding ambulatory surgical
and emergency centers). Centers or clinics of health practitioners with
different degrees from more than one industry practicing within the
same establishment (i.e., Doctor of Medicine and Doctor of Dental
Medicine) are included in this industry. The SBA has established a size
standard for this industry, which is annual receipts of $22 million or
less. The 2012 U.S. Economic Census indicates that 4,903 firms operated
in this industry throughout the entire year. Of this number, 4,269
firms had annual receipts of less than $10 million. Based on this data,
we conclude that a majority of firms in this industry are small.
60. Blood and Organ Banks. This U.S. industry comprises
establishments primarily engaged in collecting, storing, and
distributing blood and blood products and storing and distributing body
organs. The SBA has established a size standard for this industry,
which is annual receipts of $35 million or less. The 2012 U.S. Economic
Census indicates that 314 firms operated in this industry throughout
the entire year. Of that number, 235 operated with annual receipts of
less than $25 million. Based on this data, we conclude that
approximately three-quarters of firms that operate in this industry are
small.
61. All Other Miscellaneous Ambulatory Health Care Services. This
U.S. industry comprises establishments primarily engaged in providing
ambulatory health care services (except offices of physicians,
dentists, and other health practitioners; outpatient care centers;
medical and diagnostic laboratories; home health care providers;
ambulances; and blood and organ banks). The SBA has established a size
standard for this industry, which is annual receipts of $16.5 million
or less. The 2012 U.S. Economic Census indicates that 2,429 firms
operated in this industry throughout the entire year. Of that number,
2,318 had annual receipts of less than $10 million. Based on this data,
we conclude that a majority of the firms in this industry are small.
62. Medical Laboratories. This U.S. industry comprises
establishments known as medical laboratories primarily engaged in
providing analytic or diagnostic services, including body fluid
analysis, generally to the medical profession or to the patient on
referral from a health practitioner. The SBA has established a size
standard for this industry, which is annual receipts of $35 million or
less. The 2012 U.S. Economic Census indicates that 2,599 firms operated
in this industry throughout the entire year. Of this number, 2,465 had
annual receipts of less than $25 million. Based on this data, we
conclude that a majority of firms that operate in this industry are
small.
63. Diagnostic Imaging Centers. This U.S. industry comprises
establishments known as diagnostic imaging centers primarily engaged in
producing images of the patient generally on referral from a health
practitioner. The SBA has established size standard for this industry,
which is annual receipts of $16.5 million or less. The 2012 U.S.
Economic Census indicates that 4,209 firms operated in this industry
throughout the entire year. Of that number, 3,876 firms had annual
receipts of less than $10 million. Based on this data, we conclude that
a majority of firms that operate in this industry are small.
64. Home Health Care Services. This U.S. industry comprises
establishments primarily engaged in providing skilled nursing services
in the home, along with a range of the following: Personal care
services; homemaker and companion services; physical therapy; medical
social services; medications; medical equipment and supplies;
counseling; 24-hour home care; occupation and vocational therapy;
dietary and nutritional services; speech therapy; audiology; and high-
tech care, such as intravenous therapy. The SBA has established a size
standard for this industry, which is annual receipts of $16.5 million
or less. The 2012 U.S. Economic Census indicates that 17,770 firms
operated in this industry throughout the entire year. Of that number,
16,822 had annual receipts of less than $10 million. Based on this
data, we conclude that a majority of firms that operate in this
industry are small.
65. Ambulance Services. This U.S. industry comprises establishments
primarily engaged in providing transportation of patients by ground or
air, along with medical care. These services are often provided during
a medical emergency but are not restricted to emergencies. The vehicles
are equipped with lifesaving equipment operated by medically trained
personnel. The SBA has established a size standard for this industry,
which is annual receipts of $16.5 million. The 2012 U.S. Economic
Census indicates that 2,984 firms operated in this industry throughout
the entire year. Of that number, 2,926 had annual receipts of less than
$15 million. Based on this data, we conclude that a majority of firms
in this industry are small.
66. Kidney Dialysis Centers. This U.S. industry comprises
establishments with medical staff primarily engaged in providing
outpatient kidney or renal dialysis services. The SBA has established
assize standard for this industry, which is annual receipts of $41.5
million or less. The 2012 U.S. Economic Census indicates that 396 firms
operated in this industry throughout the entire year. Of that number,
379 had annual receipts of less than $25 million. Based on this data,
we conclude that a majority of firms in this industry are small.
67. General Medical and Surgical Hospitals. This U.S. industry
comprises establishments known and licensed as general medical and
surgical hospitals primarily engaged in providing diagnostic and
medical treatment (both surgical and nonsurgical) to inpatients with
any of a wide variety of medical conditions. These establishments
maintain inpatient beds and provide patients with food services that
meet
[[Page 59867]]
their nutritional requirements. These hospitals have an organized staff
of physicians and other medical staff to provide patient care services.
These establishments usually provide other services, such as outpatient
services, anatomical pathology services, diagnostic X-ray services,
clinical laboratory services, operating room services for a variety of
procedures, and pharmacy services. The SBA has established a size
standard for this industry, which is annual receipts of $41.5 million
or less. The 2012 U.S. Economic Census indicates that 2,800 firms
operated in this industry throughout the entire year. Of that number,
877 has annual receipts of less than $25 million. Based on this data,
we conclude that approximately one-quarter of firms in this industry
are small.
68. Psychiatric and Substance Abuse Hospitals. This U.S. industry
comprises establishments known and licensed as psychiatric and
substance abuse hospitals primarily engaged in providing diagnostic,
medical treatment, and monitoring services for inpatients who suffer
from mental illness or substance abuse disorders. The treatment often
requires an extended stay in the hospital. These establishments
maintain inpatient beds and provide patients with food services that
meet their nutritional requirements. They have an organized staff of
physicians and other medical staff to provide patient care services.
Psychiatric, psychological, and social work services are available at
the facility. These hospitals usually provide other services, such as
outpatient services, clinical laboratory services, diagnostic X-ray
services, and electroencephalograph services. The SBA has established a
size standard for this industry, which is annual receipts of $41.5
million or less. The 2012 U.S. Economic Census indicates that 404 firms
operated in this industry throughout the entire year. Of that number,
185 had annual receipts of less than $25 million. Based on this data,
we conclude that slightly less than one-half of the firms in this
industry are small.
69. Specialty (Except Psychiatric and Substance Abuse) Hospitals.
This U.S. industry consists of establishments known and licensed as
specialty hospitals primarily engaged in providing diagnostic, and
medical treatment to inpatients with a specific type of disease or
medical condition (except psychiatric or substance abuse). Hospitals
providing long-term care for the chronically ill and hospitals
providing rehabilitation, restorative, and adjustive services to
physically challenged or disabled people are included in this industry.
These establishments maintain inpatient beds and provide patients with
food services that meet their nutritional requirements. They have an
organized staff of physicians and other medical staff to provide
patient care services. These hospitals may provide other services, such
as outpatient services, diagnostic X-ray services, clinical laboratory
services, operating room services, physical therapy services,
educational and vocational services, and psychological and social work
services. The SBA has established a size standard for this industry,
which is annual receipts of $41.5 million or less. The 2012 U.S.
Economic Census indicates that 346 firms operated in this industry
throughout the entire year. Of that number, 146 firms had annual
receipts of less than $25 million. Based on this data, we conclude that
approximately one-third of the firms in this industry are small.
70. Emergency and Other Relief Services. This industry comprises
establishments primarily engaged in providing food, shelter, clothing,
medical relief, resettlement, and counseling to victims of domestic or
international disasters or conflicts (e.g., wars). The SBA has
established a size standard for this industry, which is annual receipts
of $35 million or less. The 2012 U.S. Economic Census indicates that
541 firms operated in this industry throughout the entire year. Of that
number, 509 had annual receipts of less than $25 million. Based on this
data, we conclude that a majority of firms in this industry are small.
H. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
71. The Report and Order adopts the following new reporting
requirement. New FRN registrants and certain existing FRN holders that
need to update their FRNs will need to provide their email address
information to set up a username and password to be associated with
their FRN. Eventually, all FRN registrants will be expected to manage
FRN-related business in the new CORES.
I. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
72. 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 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.''
73. A substantial number of entities and individuals doing business
with the Commission have already received their FRNs through a prior
registration in the old version of CORES (or legacy CORES), and we
anticipate that the changes proposed here will have little to no
economic impact on them. For all users that are currently using the
legacy CORES and will be expected to use the new CORES, there should be
no economic barriers involved in seeking an FRN number through CORES
when registering online through the Commission's website. The Office of
Managing Director is the delegated authority to transition registrants
that obtained passwords through legacy CORES to the new CORES, and, in
consultation with the Commission's Chief Information Officer, will best
determine what steps to take to bring such users into compliance.
Through the transition process, all FRN holders will be expected to
manage FRN business through the new CORES. After legacy CORES is
retired (i.e., no longer publicly accessible), new FRN registrants and
existing FRN holders that need to update FRN information will need to
do so in the new CORES because the legacy CORES system will not be
available. When needing to first register for an FRN or make
information changes to a registration, users will be required to
provide an email address and password in the FCC User Registration
System in order to access the new CORES. FRN holders that forget their
passwords will also need to go through the new system to set up new
passwords. The steps to obtain a new FRN or revise the information
associated with an already-existing FRN are not burdensome because this
requires a limited amount of data entry in form fields and should
involve little to no cost for the registrant. However, this order does
not address other Commission information systems that may require FRN
and password entry or additional requirements for those separate
systems
IV. Ordering Clauses
74. Accordingly, it is ordered that pursuant to sections 4(i),
8(c)(2), 9(c)(2), and 303(r) of the Communications Act
[[Page 59868]]
of 1934, as amended, 47 U.S.C. 154(i), 158(c)(2), 159(c)(2), and
303(r); and section 7701 of the Debt Collection Improvement Act of
1996, 31 U.S.C. 7701(c)(1), the Report and Order is adopted and the
Commission's rules are hereby amended as set forth in Appendix B of the
Report and Order. The rules and procedures adopted in the Report and
Order are effective 30 days after the date of publication in the
Federal Register. The non-substantive change to an information
collection effected by the revision to Sec. 1.8002(b)(2) of the
Commission's rules was approved by OMB on August 11, 2021.
75. It is further ordered that this Report and Order shall be
effective 30 days after publication of a summary in the Federal
Register.
76. It is further ordered that the Commission shall send a copy of
the Report and Order, in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
77. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Communications, internet,
Reporting and recordkeeping requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons stated in the preamble, the FCC amends 47 CFR part
1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.8002 by:
0
a. Revising paragraph (b); and
0
b. Removing paragraph (e).
The revision reads as follows:
Sec. 1.8002 Obtaining an FRN.
* * * * *
(b)(1) When registering for an FRN through the CORES, an entity's
name, entity type, contact name and title, address, valid email
address, and taxpayer identifying number (TIN) must be provided. For
individuals, the TIN is the social security number (SSN).
(2) Information listed in paragraph (b)(1) of this section must be
kept current by registrants either by updating the information on-line
at the CORES link at <a href="http://www.fcc.gov">www.fcc.gov</a> or by filing FCC Form 161 (CORES
Update/Change Form).
* * * * *
[FR Doc. 2021-20544 Filed 10-28-21; 8:45 am]
BILLING CODE 6712-01-P
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