Proposed Rule2021-22102
Schools and Libraries Universal Support Mechanism
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 14, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission propose to update the definition of library in the Commission's rules to provide clarity regarding the eligibility of Tribal libraries and promote increased participation of underrepresented Tribal libraries in the E-Rate Program. The Federal Communications Commission seeks to address a longstanding issue that has impeded Tribal libraries in seeking E-Rate support.
Full Text
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Proposed Rules]
[Pages 57097-57102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22102]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[CC Docket No. 02-6; FCC 21-107; FRS 51933]
Schools and Libraries Universal Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
propose to update the definition of library in the Commission's rules
to provide clarity regarding the eligibility of Tribal libraries and
promote increased participation of underrepresented Tribal libraries in
the E-Rate Program. The Federal Communications Commission seeks to
address a longstanding issue that has impeded Tribal libraries in
seeking E-Rate support.
DATES: Comments are due on or before November 15, 2021, and reply
comments are due on or before November 29, 2021.
ADDRESSES: All filings should refer to CC Docket No. 02-6. Comments may
be filed by paper or by using the Commission's Electronic Comment
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments and replies may be filed
electronically by using the internet by accessing ECFS: <a href="http://www.fcc.gov/ecfs">http://www.fcc.gov/ecfs</a>.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
[ssquf] Filings can be sent by commercial overnight courier or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be
[[Page 57098]]
addressed to 45 L St. NE, Washington, DC 20554.
[ssquf] Effective March 19, 2020, and until further notice, the
Federal Communications 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 COVID-19.
[ssquf] People with Disabilities. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#96f0f5f5a3a6a2d6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="aaccc9c99f9a9eeaccc9c984cdc5dc">[email protected]</span></a> or
call the Consumer & Governmental Affairs Bureau at (202) 418-0530.
FOR FURTHER INFORMATION CONTACT: Kate Dumouchel, Wireline Competition
Bureau, (202) 418-7400 or by email at <a href="/cdn-cgi/l/email-protection#5e153f2a3b701a2b33312b3d363b321e383d3d70393128"><span class="__cf_email__" data-cfemail="642f0510014a2011090b11070c0108240207074a030b12">[email protected]</span></a>. The
Federal Communications Commission asks that requests for accommodations
be made as soon as possible in order to allow the agency to satisfy
such requests whenever possible. Send an email to <a href="/cdn-cgi/l/email-protection#dfb9bcbceaefeb9fb9bcbcf1b8b0a9"><span class="__cf_email__" data-cfemail="670104045257532701040449000811">[email protected]</span></a> or
call the Consumer and Governmental Affairs Bureau at (202) 418-0530.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's (Commission) Notice of Proposed Rulemaking
in CC Docket No. 02-6; FCC 21-107, adopted September 30, 2021 and
released on October 1, 2021. Due to the COVID-19 pandemic, the Federal
Communications Commission's headquarters will be closed to the general
public until further notice. See FCC Announces Closure of FCC
Headquarters Open Window and Change in Hand-Delivery Policy, Public
Notice, DA 20-304 (March 19, 2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>. The
full text of this document is available at the following internet
address: <a href="https://www.fcc.gov/document/fcc-supports-broadband-tribal-libraries-through-e-rate-0">https://www.fcc.gov/document/fcc-supports-broadband-tribal-libraries-through-e-rate-0</a>.
I. Introduction
1. The E-Rate Program provides support to ensure that schools and
libraries can obtain affordable, high-speed broadband services and
internal connections to connect today's students and library patrons
with next-generation learning opportunities and services. The
Commission proposes to update the definition of library in the
Commission's rules to provide clarity regarding the eligibility of
Tribal libraries and promote increased participation of
underrepresented Tribal libraries in the E-Rate Program. In doing so,
the Commission seeks to address a longstanding issue that has impeded
Tribal libraries in seeking E-Rate support.
II. Discussion
2. Consistent with the 2018 amendments to the LSTA, the Commission
proposes to update Sec. Sec. 54.500 and 54.501(b)(1) of the
Commission's rules to adopt the amended definition of library included
in the LSTA and to clarify that Tribal libraries are eligible for
support through the E-Rate Program. This amendment will remove the
outdated reference to the 1996 version of the LSTA in the E-Rate rules,
make the eligibility rules for the E-Rate Program consistent with those
of the Emergency Connectivity Fund Program, and promote the increased
participation of Tribal libraries in the E-Rate Program by making clear
that Tribal libraries are eligible.
3. While some Tribal libraries have received E-Rate support to the
extent the relevant State library administrative agencies determined
they were eligible for assistance, they are still greatly
underrepresented among the total number of E-Rate applicants. According
to a report by the Institute of Museum and Library Services (IMLS) and
the Association of Tribal Archives, Libraries, and Museums (ATALM),
only 15 percent of Tribal libraries reported receiving E-Rate support,
in part, due to eligibility requirements. When establishing the rules
for the Emergency Connectivity Fund Program, the Commission clarified
that Tribal libraries were eligible for support under the Emergency
Connectivity Fund Program. The Commission now proposes to update the E-
Rate rules in a consistent manner to add a Tribal library to the
definition of library and remove references to the outdated Public Law
104-208. The Commission proposes these changes in order to clarify that
because Tribal libraries are statutorily eligible for support from
State library administrative agencies consistent with 2018 amendments
to the LSTA, they are therefore eligible for support through the E-Rate
Program--even if LSTA funds have not been received by a Tribal library.
The Commission anticipates that this change will resolve existing
confusion about Tribal libraries' eligibility and facilitate access to
E-Rate funds. By making Tribal eligibility for E-Rate support clear,
the Commission seeks to further the goal of increasing Tribal
libraries' access to advanced telecommunications and information
services, internal connections, and basic maintenance of internal
connections through the E-Rate Program. The Commission seeks comment on
this proposed rule change, as well as what impact, if any, such rule
change may have on the administration of the E-Rate Program.
4. The Commission also seeks comment on whether the Commission
should consider any other measures to ensure Tribal schools and
libraries have access to the E-Rate Program. Are there opportunities to
increase participation of these Tribal entities in the E-Rate Program,
such as through additional trainings or outreach? In 2016, GAO issued
recommendations to the Commission for expanding Tribal access to E-Rate
funding. The Commission seeks comment on those recommendations here.
Specifically, would consultation with other relevant federal agencies,
such as IMLS or the Department of Interior Bureau of Indian Affairs,
when developing and promoting such training programs and outreach
improve their effectiveness? Are there ways to improve reporting on
Tribal entities to gain a more complete understanding of Tribal
participation in the E-Rate Program? Should the Commission consider
developing performance goals and measures to track progress of
achieving the Commission's goal of increasing access to affordable
broadband for Tribal schools and libraries? If so, the Commission seeks
comment on what these might include.
5. Digital Equity and Inclusion. Finally, the Commission, as part
of its continuing effort to advance digital equity for all, including
Indigenous and Native American persons, people of color, persons with
disabilities, persons who live in rural or Tribal areas, and others who
are or have been historically underserved, marginalized, or adversely
affected by persistent poverty or inequality, invites comment on any
equity-related considerations and benefits (if any) that may be
associated with the proposals and issues discussed herein.
Specifically, the Commission seeks comment on how our proposals may
promote or inhibit advances in diversity, equity, inclusion, and
accessibility, as well the scope of the Commission's relevant legal
authority.
III. Procedural Matters
6. Initial Regulatory Flexibility Analysis.--As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on a substantial number of small
entities of the proposals addressed in this Notice of Proposed
Rulemaking. Written public
[[Page 57099]]
comments are requested on the IRFA. These comments must be filed in
accordance with the same filing deadlines for comments on the Notice of
Proposed Rulemaking, and they should have a separate and distinct
heading designating them as responses to the IRFA. The Commission's
Consumer and Governmental Affairs Bureau, Reference Information Center,
will send a copy of this Notice of Proposed Rulemaking, including the
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration, in accordance with the RFA. In addition, the Notice of
Proposed Rulemaking and IRFA (or summaries thereof) will be published
in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
7. The Commission is required by Section 254 of the Communications
Act of 1934, as amended, to promulgate rules to implement the universal
service provisions of Section 254. On May 8, 1997, the Commission
adopted rules to reform its system of universal service support
mechanisms so that universal service is preserved and advanced as
markets move toward competition. Specifically, under the schools and
libraries universal service support mechanism, also known as the E-Rate
Program, eligible schools, libraries, and consortia that include
eligible schools and libraries may receive discounts for eligible
telecommunications services, internet access, and internal connections.
8. Taking steps to close the digital divide is a top priority for
the Commission. The E-Rate Program provides a vital source of support
to schools and libraries, ensuring that students and library patrons
across the nation have access to high-speed broadband and essential
communications services. The rules the Commission proposes in the
Notice of Proposed Rulemaking seek to update the E-Rate Program rules
to be consistent with the amended LSTA and to clarify that Tribal
libraries are eligible to apply for and receive E-Rate funding. The
Commission seeks comment on these proposals as well as comments as to
whether there are other measures the Commission can take to ensure
Tribal schools and libraries have access to E-Rate funds, consistent
with Section 254(h)(4).
B. Legal Basis
9. The proposed action is authorized pursuant to sections 1 through
4, 201-205, 254, 303(r), and 403 of the Communications Act of 1934, as
amended by the Telecommunications Act of 1996, 47 U.S.C. 151 through
154, 201 through 205, 254, 303(r), and 403.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
10. The RFA directs agencies to provide a description of and, where
feasible, and estimate of the number of small entities that may be
affected by the proposed rules, if adopted. 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 that: (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).
11. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. The Commission therefore
describes 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 SBA's
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.
12. 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.
13. 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, the Commission
estimates that at least 48,971 entities fall into the category of
``small governmental jurisdictions.''
1. Schools and Libraries
14. As noted, a ``small entity'' includes non-profit and small
government entities. Under the schools and libraries universal service
support mechanism, 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. 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.'' The proposals under
consideration in the Notice of Proposed Rulemaking, if adopted, would
update the definition of library to add Tribal libraries to the
definition. For-profit schools and libraries, and schools and libraries
with endowments in excess of $50,000,000, are not eligible to receive
discounts under the program, nor are libraries whose budgets are not
completely separate from any schools. Certain other statutory
definitions apply as well. The SBA has defined for-profit, elementary
and secondary schools and libraries having $6 million or less in annual
receipts as small entities. In funding year 2017, approximately 103,699
schools and 11,810 libraries received funding under the schools and
libraries universal service mechanism. Although the Commission is
unable to estimate with precision the number of these entities that
would qualify as small entities under SBA's size standard, the
Commission estimates that fewer than 103,699 schools and 11,810
libraries might be affected annually by
[[Page 57100]]
this action, notwithstanding the fact that more Tribal libraries may be
encouraged to apply for funding should the proposals in the Notice of
Proposed Rulemaking be adopted.
2. Telecommunications Service Providers
15. Incumbent Local Exchange Carriers (LECs). Neither the
Commission nor the SBA has developed a size standard for small
incumbent local exchange carriers. The closest applicable NAICS Code
category is Wired Telecommunications Carriers. Under the applicable SBA
size standard, such a business is small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 indicate that 3,054 firms
operated the entire year. Of this total, 2,964 operated with fewer than
250 employees. Consequently, the Commission estimates that most
providers of incumbent local exchange service are small businesses that
may be affected by our actions. According to Commission data, one
thousand three hundred and seven (1,307) Incumbent Local Exchange
Carriers reported that they were incumbent local exchange service
providers. Of this total 1,307 an estimated 1,006 have 1,500 or fewer
employees and 301 have more than 1,500 employees. Thus, using the SBA's
size standard the majority of incumbent LECs can be considered small
entities.
16. The Commission has included small incumbent LECs in this RFA
analysis. A ``small business'' under the RFA is one that, inter alia,
meets the pertinent small business size standard (e.g., a telephone
communications business having 1,500 or fewer employees), and ``is not
dominant in it field of operation.'' The SBA's Office of Advocacy
contends that, for RFA purposes, small incumbent LECs are not dominant
in their field of operation because any such dominance is not
``national'' in scope. The Commission has, therefore, included small
incumbent carriers in this RFA analysis, although the Commission
emphasizes that this RFA action has no effect on the Commission's
analyses and determinations in other, non-RFA contexts.
17. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA has developed a definition of small entities specifically
applicable to IXCs. The closest NAICS Code category is Wired
Telecommunications Carriers. The applicable size standard under SBA
rules is that such a business is small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 indicate that 3,054 firms
operated the entire year. Of this total, 2,964 operated with fewer than
250 employees. According to internally developed Commission data, 359
companies reported that that their primary telecommunications service
activity was the provision of interexchange services. Of this total, an
estimated 317 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of interexchange service
providers are small entities.
18. Competitive Access Providers (CAPs). Neither the Commission nor
the SBA has developed a definition of small entities specifically
applicable to CAPs. The closest applicable definition under the SBA
rules is for Wired Telecommunications Carriers. Under the SBA size
standard a Wired Telecommunications Carrier is a small entity if it
employs no more than 1,500 employees. U.S. Census Bureau data for 2017
indicate that 3,054 firms operated the entire year. Of this total,
2,964 operated with fewer than 250 employees. According to Commission
data, 1,442 CAPs and competitive local exchange carriers (competitive
LECs) reported that they were engaged in the provision of competitive
local exchange services. Of these 1,442 CAPs and competitive LECs, an
estimated 1,256 have 1,500 or fewer employees and 186 have more than
1,500 employees. Consequently, the Commission estimates that most
providers of competitive exchange services are small businesses.
19. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments primarily 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 phone 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 Bureau data for 2017 show that there
were 2,893 firms that operated for the entire year. Of this total,
2,837 firms had fewer than 250 employees and 56 had 250 employees or
more. Thus under this category and the associated size standard, the
Commission estimates that the majority of wireless telecommunications
carriers (except satellite) are small entities.
20. Wireless Telephony. Wireless telephony includes cellular,
personal communications services, and specialized mobile radio
telephony carriers. The closest applicable SBA category is Wireless
Telecommunications Carriers (except Satellite). Under the SBA small
business size standard, a business is small if it has 1,500 or fewer
employees. For this industry, U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated for the entire year. Of this
total, 2,837 firms had fewer than 250 employees and 56 had 250
employees or more. Thus under this category and the associated size
standard, the Commission estimates that a majority of these entities
can be considered small. According to Commission data, 413 carriers
reported that they were engaged in wireless telephony. Of these, an
estimated 261 have 1,500 or fewer employees and 152 have more than
1,500 employees. Therefore, more than half of these entities can be
considered small.
3. Internet Service Providers (ISPs)
21. Internet Service Providers (Broadband). Broadband internet
service providers include wired (e.g., cable, DSL) and VoIP service
providers using their own operated wired telecommunications
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 2017 indicate
that 3,054 firms operated the entire year. Of this total, 2,964
operated with fewer than 250 employees. Consequently, under this size
standard the majority of firms in this industry can be considered
small.
22. Internet Service Providers (Non-Broadband). Internet access
service providers such as Dial-up internet service providers, VoIP
service providers using client-supplied telecommunications connections
and internet service providers using client-supplied telecommunications
connections (e.g., dial-up ISPs) fall in the category of All Other
Telecommunications. The SBA has developed a small business size
standard for All Other Telecommunications which consists of all such
firms with gross annual receipts of $32.5 million or less. For this
category, U.S. Census Bureau data for 2017 shows that there were 1,079
firms
[[Page 57101]]
that operated for the entire year. Of these firms, a total of 1,039 had
gross annual receipts of less than $25 million. Consequently, under
this size standard a majority of firms in this industry can be
considered small.
4. Vendors of Internal Connections
23. Vendors of Infrastructure Development or ``Network Buildout.''
The Commission has not developed a small business size standard
specifically directed toward manufacturers of network facilities. There
are two applicable SBA categories in which manufacturers of network
facilities could fall and each have different size standards under the
SBA rules. The SBA categories are ``Radio and Television Broadcasting
and Wireless Communications Equipment'' with a size standard of 1,250
employees or less and ``Other Communications Equipment Manufacturing''
with a size standard of 750 employees or less. U.S. Census Bureau data
for 2017 show that for Radio and Television Broadcasting and Wireless
Communications Equipment, 656 firms operated for the entire year. Of
that number, 624 firms operated with fewer than 250 employees. For
Other Communications Equipment Manufacturing, U.S. Census Bureau data
for 2017 shows that 321 firms operated for the year. Of that number,
310 operated with fewer than 250 employees. Based on this data, the
Commission concludes that the majority of Vendors of Infrastructure
Development or ``Network Buildout'' are small.
24. Telephone Apparatus Manufacturing. This industry comprises
establishments primarily engaged in manufacturing wire telephone and
data communications equipment. These products may be standalone or
board-level components of a larger system. Examples of products made by
these establishments are central office switching equipment, cordless
telephones (except cellular), PBX equipment, telephones, telephone
answering machines, LAN modems, multi-user modems, and other data
communications equipment, such as bridges, routers, and gateways. The
SBA size standard for Telephone Apparatus Manufacturing is all such
firms having 1,250 or fewer employees. U.S. Census Bureau data for 2017
show that there were 189 firms that operated for the entire year. Of
this total, 177 operated with fewer than 250 employees. Thus, under
this size standard, the majority of firms can be considered small.
25. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
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 2017 show that 656 firms operated in this industry for
the entire year. Of that number, 624 firms operated with fewer than 250
employees. Based on this data, the Commission concludes that a majority
of manufacturers in this industry are small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
26. The proposals under consideration in the Notice of Proposed
Rulemaking, if adopted, should not result in new and/or modified
reporting, recordkeeping and other compliance requirements for small or
large entities. At this time, the Commission cannot quantify the cost
of compliance with the potential rule changes in the Notice of Proposed
Rulemaking, but the Commission anticipates that the result of any rule
changes will produce requirements that are equal to existing
requirements, and the Commission does not believe small entities will
have to hire attorneys, engineers, consultants, or other professionals
in order to comply. Updating the E-Rate rules to adopt the amended
definition of library under the LSTA, for example, will clarify that
Tribal libraries are eligible for support by statute--as they have been
since Congress enacted the Museum and Library Services Act of 2018.
Moreover, this clarity may also alleviate some of the issues that
Tribal libraries face when seeking E-Rate support. Additionally, the
Commission has sought comment on whether there are other measures the
Commission can take to ensure Tribal schools and libraries have equal
access to E-Rate funds. Regarding the Commission's proposal on what
documentation should be used to validate a Tribal library, the
Commission has sought comment on whether that approach is feasible or
practicable for demonstrating eligibility.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
27. 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 and
reporting requirements under the rule 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.''
28. In the Notice of Proposed Rulemaking, the Commission has taken
steps to minimize the economic impact on small entities with the rule
changes that the Commission has proposed. Under the current E-Rate
rules, only libraries eligible for assistance from a State library
administrative agency under the 1996 version of the LSTA are eligible
for E-Rate funding. Absent a rule change, Tribal libraries continue to
face uncertainty about eligibility which leads to them being
underrepresented among E-Rate applicants. The Commission has therefore
proposed updating the rules to add Tribal libraries to the definition
of library, which, if adopted, may encourage Tribal libraries to apply
for and receive E-Rate support. The Commission expects to more fully
consider ways to minimize the economic impact and explore alternatives
for small entities following the review of comments filed in response
to the Notice of Proposed rulemaking.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
29. None.
30. Paperwork Reduction Act. This document does not contain
proposed information collection(s) subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. 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 the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4).
31. Ex Parte Rules--Permit but Disclose. Pursuant to section
1.1200(a) of the Commission's rules, this Notice of
[[Page 57102]]
Proposed Rulemaking shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
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
presenter's 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 rule 1.1206(b). In proceedings governed by
rule 1.49(f) 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 Commission's ex parte rules.
32. In light of the Commission's trust relationship with Tribal
Nations and our commitment to engage in government-to-government
consultation with them, the Commission finds the public interest
requires a limited modification of the ex parte rules in this
proceeding. Tribal Nations, like other interested parties, should file
comments, reply comments, and ex parte presentations in the record to
put facts and arguments before the Commission in a manner such that
they may be relied upon in the decision-making process consistent with
the requirements of the Administrative Procedure Act. However, at the
option of the Tribe, ex parte presentations made during consultations
by elected and appointed leaders and duly appointed representatives of
federally recognized Indian Tribes and Alaska Native Villages to
Commission decision makers shall be exempt from the rules requiring
disclosure in permit-but-disclose proceedings and exempt from the
prohibitions during the Sunshine Agenda period. To be clear, while the
Commission recognizes consultation is critically important, the
Commission emphasizes that the Commission will rely in its decision-
making only on those presentations that are placed in the public record
for this proceeding.
33. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#7c1a1f1f494c483c1a1f1f521b130a"><span class="__cf_email__" data-cfemail="70161313454044301613135e171f06">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530.
34. Availability of Documents: Comments, reply comments, and ex
parte submissions will be publicly available online via ECFS. When the
FCC Headquarters reopens to the public, these documents will also be
available for public inspection during regular business hours in the
FCC Reference Center, Federal Communications Commission, 45 L Street
NE, Washington, DC 20554.
IV. Ordering Clauses
35. Accordingly, it is ordered that, pursuant to the authority
found in sections 1 through 4, 201-202, 254, 303(r) and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 151 through 154, 201
through 202, 254, 303(r), and 403, this Notice of Proposed Rulemaking
is adopted.
36. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 54
Communications common carriers, internet, Libraries, Reporting and
recordkeeping requirements, Schools, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons set forth above, the Commission proposes part 54 of
title 47 of the Code of Federal Regulations to be amended as follows:
PART 54--UNIVERSAL SERVICE
0
1. The authority for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
229, 254, 303(r), 403, 1004, 1302, and 1601-1609, unless otherwise
noted.
0
2. Amend Sec. 54.500 by revising the definition of ``library'' to read
as follows:
Sec. 54.500 Terms and definitions.
* * * * *
Library. A ``library'' includes:
(1) A public library;
(2) A public elementary school or secondary school library;
(3) A Tribal library;
(4) An academic library;
(5) A research library, which for the purpose of this section means
a library that:
(i) Makes publicly available library services and materials
suitable for scholarly research and not otherwise available to the
public; and
(ii) Is not an integral part of an institution of higher education;
and
(6) 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.
* * * * *
0
3. Amend Sec. 54.501 by revising paragraph (b)(1) to read as follows:
Sec. 54.501 Eligible recipients.
* * * * *
(b) Libraries.
(1) Only libraries eligible for assistance from a State library
administrative agency under the Library Services and Technology Act (20
U.S.C. 9122) and not excluded under paragraphs (b)(2) or (3) of this
section shall be eligible for discounts under this subpart.
* * * * *
[FR Doc. 2021-22102 Filed 10-13-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on October 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.