Rule2022-03057
Schools and Libraries Universal Service 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
February 14, 2022
Effective
March 16, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) takes steps to address one of the barriers to participation and clarify the eligibility of Tribal libraries for E- Rate program support by updating the definition of "library" in its E-Rate program rules to include Tribal libraries. By doing so, the Commission seeks to resolve a longstanding issue for Tribal libraries in the E-Rate program rules, consistent with Congressional action taken in 2018, and to encourage increased Tribal library access to affordable broadband connectivity through the E-Rate program.
Full Text
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[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8205-8210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03057]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[CC Docket No. 02-6; FCC 22-8; FR ID 70414]
Schools and Libraries Universal Service Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) takes steps to address one of the barriers to
participation and clarify the eligibility of Tribal libraries for E-
Rate program support by updating the definition of ``library'' in its
E-Rate program rules to include Tribal libraries. By doing so, the
Commission seeks to resolve a longstanding issue for Tribal libraries
in the E-Rate program rules, consistent with Congressional action taken
in 2018, and to encourage increased Tribal library access to affordable
broadband connectivity through the E-Rate program.
DATES: Effective March 16, 2022.
FOR FURTHER INFORMATION CONTACT: Kate Dumouchel, Wireline Competition
Bureau, (202) 418-7400 or by email at <a href="/cdn-cgi/l/email-protection#450e2431206b0130282a30262d2029052326266b222a33"><span class="__cf_email__" data-cfemail="b1fad0c5d49ff5c4dcdec4d2d9d4ddf1d7d2d29fd6dec7">[email protected]</span></a>. The
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#375154540207037751545419505841"><span class="__cf_email__" data-cfemail="e2848181d7d2d6a2848181cc858d94">[email protected]</span></a> or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order in CC Docket No. 02-6; FCC 22-8, adopted January 27,
2022 and released January 28, 2022. Due to the COVID-19 pandemic, the
Commission's headquarters will be closed to the general public until
further notice. The full text of this document is available at the
following internet address: <a href="https://www.fcc.gov/document/fcc-connecting-tribal-libraries-through-e-rate-program-0">https://www.fcc.gov/document/fcc-connecting-tribal-libraries-through-e-rate-program-0</a>.
I. Introduction
1. The E-Rate program provides support to schools and libraries
across the nation to obtain affordable, high-speed broadband services
and internal connections to connect today's students and library
patrons with next-generation learning opportunities and services. Since
the beginning of the program, E-Rate support has helped libraries
afford these services and provide free, public internet access to their
communities. But for far too long, Tribal libraries have been unable to
participate fully in the E-Rate program. This situation has exacerbated
enduring inequities, as Tribal libraries often serve as a critical
source of internet access in underserved areas across the nation.
2. The Commission takes steps to address one of the barriers to
participation and clarify the eligibility of Tribal libraries for E-
Rate program support by updating the definition of ``library'' in its
E-Rate program rules to include Tribal libraries. By doing so, the
Commission seeks to resolve a longstanding issue for Tribal libraries
in the E-Rate program rules, consistent with Congressional action taken
in 2018, and to encourage increased Tribal library access to affordable
broadband connectivity through the E-Rate program.
II. Discussion
3. To ensure that our nation's Tribal libraries and their library
patrons have access to high-speed broadband and to encourage Tribal
libraries' participation in the E-Rate program, the Commission now
amends its E-Rate program rules to clarify that Tribal libraries are
eligible for E-Rate support. Specifically, the Commission adds ``Tribal
library'' to the definition of library in section 54.500 of the
Commission's rules and removes the reference to Public Law 104-208,
which contains the version of the Library Services and Technology Act
(LSTA) enacted in 1996. All stakeholders submitting comments support
this rule change, and no commenter opposed it.
4. Interested parties agree that this rule change is the first step
in ensuring that Tribal libraries have access to funding to provide
affordable internet access to their communities. These changes update
the E-Rate program rules and ensure that the E-Rate program can support
library services in Tribal communities. The changes align with both
Congress' 2018 amendments to the LSTA and the Commission's Emergency
Connectivity Fund program rules. Moreover, the changes will simplify
administration of the E-Rate and Emergency Connectivity Fund programs
for the Universal Service Administrative Company (USAC), which
administers both programs and checks applicant eligibility. Consistent
with the rules adopted for the Emergency Connectivity Fund program, the
E-Rate rules clarify that Tribal libraries, which are by statute
eligible for support from State library administrative agencies under
the LSTA, are eligible for support from the E-Rate program. Receipt of
LSTA funds by Tribal libraries is not required for participation in the
E-Rate program.
5. These rule changes should also clarify and simplify E-Rate
eligibility for Tribal libraries and, in time, will increase Tribal
participation in the program. Comments filed by the American Library
Association (ALA) and the Association of Tribal Archives, Libraries and
Museums (ATALM) include preliminary results of a 2021 ATALM
comprehensive digital inclusion survey, which note that only 12 percent
of the Tribal libraries responding reported that they had ever applied,
even fewer than the 15 percent of Tribal libraries that had previously
reported receiving E-Rate support. This data is especially troubling,
given that there is reduced broadband access in Tribal areas and
libraries are often the ``next best alternative for many Tribal
families and households'' to obtain internet access. Tribal governments
and libraries have had issues interacting with and gaining support from
State
[[Page 8206]]
agencies. The Navajo Nation Telecommunications Regulatory Commission
(NNTRC) describes how the Navajo Nation, which spans three states,
began an internal process in 2018 to participate in the E-Rate program
by engaging with the State library administrative agencies in Arizona,
New Mexico, and Utah to establish whether its Chapter Houses were
libraries eligible for assistance from those State library
administrative agencies under the LSTA. NNTRC explains that it took
several years and significant resources to determine eligibility, which
it argues could have been avoided if the rules the Commission adopts
here had been in place then.
6. Several commenters asked the Commission to clarify who can
designate a Tribal library or to interpret the definition of Tribal
library in a flexible manner. First, the Commission agrees that Tribal
libraries can be designated by a Tribal Council. Second, the Commission
understands that ``what constitutes a library is reflective of the
cultural, educational, and social needs of each tribe,'' but also
remind applicants that they must be eligible by statute for support
under the LSTA to be eligible to participate in E-Rate. The Institute
of Museum and Library Services, the federal agency with expertise in
the LSTA and that provides Native American library grants, requires
Native American libraries applying for Native American Library Services
Enhancement Grants to demonstrate that they have three basic
characteristics: ``(1) regularly scheduled hours, (2) staff, and (3)
materials available for library users.'' The Commission believes that
these characteristics are therefore appropriate for Tribal libraries
seeking support from the E-Rate program. In response to commenters
seeking eligibility for Tribal College libraries, the Commission
reminds applicants that when the Commission first adopted its rules on
library eligibility for E-Rate discounts, it determined that libraries
must be independent entities, ``whose budgets are completely separate
from any schools (including, but not limited to elementary schools,
colleges, and universities.'' As such, Tribal libraries that are part
of a Tribal College or university remain ineligible for E-Rate support
at this time.
7. On the whole, the Commission expects this rule change to
simplify the process for Tribal libraries to apply for E-Rate funding
by clarifying their eligibility without requiring Tribal libraries to
fit within the precise definitions that may be put in place by a State
library administrative agency. By making Tribal library eligibility
clear, the Commission aims to further the program goal of ensuring
affordable access to high-speed broadband sufficient to support robust
connectivity for Tribal libraries by increasing participation in the E-
Rate program. The Commission also furthers the Commission's ongoing
obligation 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. By lowering the barriers to
participating in the E-Rate program, the Commission hopes to narrow the
digital divide in Tribal regions, ``where increased digital inclusion
will yield economic, educational, and healthcare outcome
improvements.''
8. Outreach. Preliminary results of the 2021 ATALM comprehensive
digital inclusion survey of Tribal libraries included in ALA and
ATALM's comments show that ``38% of respondents had not heard of the E-
rate program, 30% were unsure if they were eligible, 13% said the
application was too complicated, and 39% would like to learn more about
the program.'' The Commission agrees with commenters that these numbers
demonstrate that the Commission needs to do more to increase awareness
of the program and training opportunities among Tribal libraries.
Therefore, in conjunction with this rule change, the Commission directs
the Office of Native Affairs and Policy (ONAP) and the Wireline
Competition Bureau (WCB), with assistance from the Tribal liaison at
USAC, to target outreach efforts and program training for Tribal
libraries.
9. Tribal library applicants face particular resource challenges in
applying. Therefore, in addition to existing Tribal training materials,
the Commission directs USAC, in coordination with ONAP and WCB, to
develop training materials targeting Tribal libraries that may be
provided during Tribal-specific outreach, as well as to its federal
partners, like the Institute of Museum and Library Services, to build
awareness and provide information about how to apply before the close
of the funding year 2022 application filing window. In creating these
targeted outreach goals, the Commission directs USAC to develop
training materials focused on first-time E-Rate library applicants and
to distribute these materials at national, regional, or local Tribal or
library conferences. The Commission also directs ONAP and WCB to
undertake efforts to coordinate with organizations like the ALA, ATALM,
the American Indian Library Association and the Chief Officers of the
State Library Agencies to spread awareness in the current and upcoming
funding years.
10. Measuring Participation. Adopting these rule changes and
targeting specific Tribal library outreach are important steps towards
the Commission's goal of increasing participation and access to E-Rate
support for Tribal libraries. The Commission also, consistent with the
recommendation from the Government Accountability Office in 2016, seeks
to determine whether the Commission is successfully achieving the E-
Rate program's goals, including ensuring affordable access to high-
speed broadband sufficient to support robust connectivity for all
libraries and making the program's processes fast, simple, and
efficient. To do so, the Commission now adopts new measures for these
two goals by specifically measuring participation of Tribal libraries
in future funding years and the speed of processing Tribal library
applications, and the Commission directs USAC to measure progress
towards achieving the Commission's program goals. By creating specific
Tribal library participation performance measures, the Commission can
monitor performance of the E-Rate program over time and assess whether
the Commission's rules, policies, and outreach need to be revisited to
draw more Tribal library applicants into the program.
11. Other Issues Raised. The importance of this rule clarification,
combined with the E-Rate program's funding year calendar--which
generally accepts funding applications during the first quarter of the
calendar year for the upcoming school year--make speedy action
critical. Therefore, to ensure these rule changes are effective before
the close of the funding year 2022 E-Rate application filing window,
the Commission declines to address several of the issues raised by
comments to the Tribal Libraries Notice of Proposed Rulemaking (NPRM),
86 FR 57097, October 14, 2021, regarding the E-Rate program at this
time. The Commission appreciates the many comments raising broader
issues with the E-Rate program and look forward to revisiting these
issues.
III. Procedural Matters
12. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission
included an Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant
[[Page 8207]]
economic impact on a substantial number of small entities by the
policies and rules proposed in the Schools and Libraries Universal
Service Support Mechanism notice of proposed rulemaking, Tribal
Libraries NPRM. The Commission sought written public comment on the
proposals in the Tribal Libraries NPRM, including comment on the IRFA.
The Commission did not receive any relevant comments in response to
this IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms
to the RFA.
A. Need for, and Objectives of, the Report and Order
13. 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 moved 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.
14. 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. In this document, the Commission updates the
E-Rate program rules to be consistent with the amended Library Services
and Technology Act (LSTA), and clarify that Tribal libraries are
eligible to apply for and receive E-Rate funding.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
15. There were no comments filed that specifically address the
rules and policies proposed in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
16. 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 of the Small Business Administration (SBA), and to
provide a detailed statement of any change made to the proposed rule(s)
as a result of those comments. The Chief Counsel did not file any
comments in response to the proposed rule(s) in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
17. 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 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).
18. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's 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.
19. 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.
20. 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 indicates 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
21. 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 rule
changes adopted in this document update the definition of library to
add Tribal libraries. 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
[[Page 8208]]
might be affected annually by its action, notwithstanding the fact that
more Tribal libraries may be encouraged to apply for funding under the
rule change in the Report and Order.
2. Telecommunications Service Providers
22. 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 voice over internet protocol (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 shows 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.
23. 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 receipts less
than $25 million and 15 firms had annual receipts of $25 million to
$49, 999,999. Thus, the Commission estimates that the majority of ``All
Other Telecommunications'' firms potentially affected by its action can
be considered small.
24. 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 Bureau data for 2012 shows that there were 967 firms that
operated for the entire year. Of this total, 955 firms employed fewer
than 1,000 employees and 12 firms employed 1,000 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.
25. 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 2012 shows
that there were 967 firms that operated for the entire year. Of this
total, 955 firms had fewer than 1,000 employees and 12 firms had 1,000
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, based on Commission data, more than half of
these entities can be considered small.
3. Internet Service Providers (ISPs)
26. Internet Service Providers (Broadband). Broadband internet
service providers include wired (e.g., cable, digital subscriber line
(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 2012 shows 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.
27. 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 $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 these firms, a total of
1,400 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
26. 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
[[Page 8209]]
Bureau data for 2012 shows that for Radio and Television Broadcasting
and Wireless Communications Equipment firms 841 establishments operated
for the entire year. Of that number, 828 establishments operated with
fewer than 1,000 employees, and 7 establishments operated with between
1,000 and 2,499 employees. For Other Communications Equipment
Manufacturing, U.S. Census Bureau data for 2012 shows that 383
establishments operated for the year. Of that number 379 operated with
fewer than 500 employees and 4 had 500 to 999 employees. Based on this
data, the Commission concludes that the majority of Vendors of
Infrastructure Development or ``Network Buildout'' are small.
27. Telephone Apparatus Manufacturing. This industry comprises
establishments primarily engaged in manufacturing wire telephone and
data communications equipment. These products may be stand-alone or
board-level components of a larger system. Examples of products made by
these establishments are central office switching equipment, cordless
and wire telephones (except cellular), private branch exchange (PBX)
equipment, telephone answering machines, local area network (LAN)
modems, multi-user modems, and other data communications equipment,
such as bridges, routers, and gateways. The SBA has developed a small
business size standard for Telephone Apparatus Manufacturing, which
consists of all such companies having 1,250 or fewer employees. U.S.
Census Bureau data for 2012 shows that there were 266 establishments
that operated that year. Of this total, 262 operated with fewer than
1,000 employees. Thus, under this size standard, the majority of firms
in this industry can be considered small.
28. 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, global positioning system (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 2012 shows that 841 establishments
operated in this industry in that year. Of that number, 828
establishments operated with fewer than 1,000 employees, 7
establishments operated with between 1,000 and 2,499 employees and 6
establishments operated with 2,500 or more employees. Based on this
data, the Commission concludes that a majority of manufacturers in this
industry are small.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
29. The rules adopted in the Report and Order will not result in
modified reporting, recordkeeping, or other compliance requirements for
small or large entities. In this document, the Commission updates the
E-Rate program rules to make clear that Tribal libraries are eligible
to apply for and receive E-Rate funding, as well as funding from the
Emergency Connectivity Fund program. These 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 program rules to adopt the amended definition of
library under the LSTA, for example, will clarify that Tribal libraries
are eligible for support by statute. Moreover, this clarity may also
alleviate some of the issues that Tribal libraries face when seeking E-
Rate support.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
30. 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.''
31. In the Report and Order, the Commission has taken steps to
minimize the economic impact on small entities with the rule changes
that the Commission has adopted. 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
updated the rules to add Tribal libraries to the definition of library,
which may encourage Tribal libraries to apply for and receive E-Rate
support. In addition, Tribal libraries will have less difficulty
determining eligibility than they have in the past.
G. Report to Congress
32. The Commission will send a copy of the Report and Order,
including this FRFA, in a report to be sent to Congress and the
Government Accountability Office pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996. In addition, the
Commission will send a copy of the Report and Order, including the
FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Report and Order and FRFA (or summaries
thereof) will also be published in the Federal Register.
33. 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).
34. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), concurs, that this rule is
``non-major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of the Report and Order to Congress and the
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
IV. Ordering Clauses
35. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1 through 3, 201-202, 254, and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 151-153, 201-202,
254, and 303(r), the Report and Order is adopted, and Sec. Sec. 54.500
and 54.501(b)(1) of the Commission's rules, 47 CFR 54.500 and
54.501(b)(1), are amended as set forth and such rule amendments shall
be effective March 16, 2022.
36. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of
[[Page 8210]]
the Report and Order, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
37. 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, see 5 U.S.C. 801(a)(1)(A).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
Final Rules
For the reasons set forth above, part 54 of title 47 of the Code of
Federal Regulations is 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) * * *
(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 paragraph (b)(2) or (3) of this
section shall be eligible for discounts under this subpart.
* * * * *
[FR Doc. 2022-03057 Filed 2-11-22; 8:45 am]
BILLING CODE 6712-01-P
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