Proposed Rule2022-10408
Wireless Emergency Alerts
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
May 20, 2022
Issuing agencies
Federal Communications Commission
Abstract
This Further Notice of Proposed Rulemaking (Further Notice) seeks comment on proposals to develop performance metrics and reporting standards to measure the reliability, speed, and accuracy of the provision of Wireless Emergency Alerts (WEA), in order to identify issues with and improve the WEA system. This document also seeks comment on how Participating Commercial Mobile Service (CMS) Providers should measure the performance of their WEA service to improve the provision of WEA. By this action, the Commission affords interested parties an opportunity to submit comments. Through this action, the Commission hopes to collect data on the provision of WEA in order to empower state and local alert originators to more fully and better use the WEA system.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Proposed Rules]
[Pages 30857-30864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10408]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 10
[Public Safety and Homeland Security Bureau: PS Docket Nos. 15-91, 15-
94; FCC 22-31: FR ID 85971]
Wireless Emergency Alerts
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This Further Notice of Proposed Rulemaking (Further Notice)
seeks comment on proposals to develop performance metrics and reporting
standards to measure the reliability, speed, and accuracy of the
provision of Wireless Emergency Alerts (WEA), in order to identify
issues with and improve the WEA system. This document also seeks
comment on how Participating Commercial Mobile Service (CMS) Providers
should measure the performance of their WEA service to improve the
provision of WEA. By this action, the Commission affords interested
parties an opportunity to submit comments. Through this action, the
Commission hopes to collect data on the provision of WEA in order to
empower state and local alert originators to more fully and better use
the WEA system.
DATES: Comments are due on or before June 21, 2022 and reply comments
are due on or before July 19, 2022.
ADDRESSES: You may submit comments, identified by PS Docket No. 15-91,
and PS Docket No 15-94, by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the Federal Communications Commission's Electronic Comment Filing
System (ECFS) at: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Comments may be filed in paper by sending an
original and one copy of each filing.
All filings must be addressed to the FCC's Secretary: Office of the
Secretary, Federal Communications Commission. Filings can be sent by
commercial carrier, or by U.S. Postal Service mail.
<bullet> Comments sent using commercial carrier other than U.S.
Postal Service mail, must be addressed to 9050 Junction Drive,
Annapolis, MD 20701.
<bullet> Comments sent using the U.S. Postal Service first-class,
Express, or Priority mail, must be addressed to 45 L Street NE,
Washington, DC 20554.
Effective March 19, 2020, and until further notice, the 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. 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>.
People With Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), please send an email to: <a href="/cdn-cgi/l/email-protection#88cecbcbbdb8bcc8eeebeba6efe7fe"><span class="__cf_email__" data-cfemail="b6f0f5f5838682f6d0d5d598d1d9c0">[email protected]</span></a> or call
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or
202-418-0432 (TTY).
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For further information, contact James
Wiley, Public Safety and Homeland Security Bureau, Cybersecurity and
Communications Reliability Division, at (202) 418-1678, or by email to
<a href="/cdn-cgi/l/email-protection#791318141c0a570e10151c00391f1a1a571e160f"><span class="__cf_email__" data-cfemail="80eae1ede5f3aef7e9ece5f9c0e6e3e3aee7eff6">[email protected]</span></a>, or David Kirschner, Public Safety and Homeland
Security Bureau, Cybersecurity and Communications Reliability Division,
at (202) 418-0695, or by email to <a href="/cdn-cgi/l/email-protection#365257405f52185d5f4445555e5853447650555518515940"><span class="__cf_email__" data-cfemail="3d595c4b54591356544f4e5e5553584f7d5b5e5e135a524b">[email protected]</span></a>.
[[Page 30858]]
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice, FCC 22-31, released on April 21, 2022. The full text of
this document is available at: <a href="https://www.fcc.gov/document/fcc-proposes-public-wireless-emergency-alerts-performance-reporting-0">https://www.fcc.gov/document/fcc-proposes-public-wireless-emergency-alerts-performance-reporting-0</a>.
In this Further Notice in PS Docket Nos. 15-91, and 15-94, the
Commission seeks comment on proposals to amend the Part 10 rules
governing Wireless Emergency Alerts (47 CFR part 10).
Synopsis
The Commission seeks to improve WEA effectiveness through the
development of performance metrics and reporting standards. The
Commission proposes that Participating CMS Providers file public
reports with the Commission on important attributes of WEA's
performance: Its reliability, speed, and accuracy. The Commission seeks
comment on how to define and measure the reliability, speed, and
accuracy of WEAs. The Commission seeks comment on how Participating CMS
Providers should measure WEA performance and generate WEA performance
reports. The Commission seeks comment on whether these reports should
be based on tests or data from real-time WEA use. The Commission seeks
comment on when and how these reports should be provided to the
Commission. The Commission seeks comment on whether Participating CMS
Providers should provide locality-specific WEA performance reporting.
The Commission seeks comment on what information Participating CMS
Providers would need to collect to assess WEA performance and whether
it already is possible to collect the requisite information. If
Participating CMS Providers currently cannot collect information
necessary to assess WEA performance, the Commission seeks comment on
what changes would be necessary to comply with these reporting
requirements. The Commission seeks comment on whether information about
how, when, and where alerts are being delivered to devices would be
beneficial to emergency managers that are evaluating WEA's
effectiveness. The Commission seeks comment on whether Participating
CMS Providers should offer WEA-capable mobile devices that
automatically report WEA performance information. The Commission seeks
comment on the steps need to be taken to have mobile devices log and
report WEA performance information, and how long it would take to
implement. The Commission seeks comment on whether there are consumer
privacy concerns associated with the automatic reporting of WEA
performance information from WEA-capable mobile devices. The Commission
seeks comment on the costs associated with Participating CMS Providers'
production of WEA performance reports. The Commission seeks comment on
the effect of our proposals would have on the level of participation in
WEA. The Commission seeks comment on ways to further improve WEA. The
Commission seeks comment on how non-Participating CMS providers deliver
WEA alerts and on what factors they depend on to provide wireless
emergency alerts.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Commission has prepared this 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 Further Notice. Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on the Further Notice. The
Commission will send a copy of the Further Notice, including this IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In addition, the Further Notice and IRFA (or summaries thereof)
will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
In the Further Notice, the Commission seeks to improve the
effectiveness of WEA by building upon and refreshing the record on the
Commission's prior proposals to require commercial mobile service (CMS)
providers participating in WEA (Participating CMS Providers) to file
with the Commission, public reports on WEA's reliability, speed, and
accuracy. Further, we seek to strengthen WEA's effectiveness through
the development of performance metrics and reporting standards that
will help emergency management and other stakeholders understand the
effectiveness of WEA in their particular area, and identify areas where
improvement is needed. More specifically, in the Further Notice we
propose that CMS providers who choose to participate in WEA file public
reports with the Commission on important attributes of WEA's
performance and comment on (1) how WEA's reliability, speed, and
accuracy should be defined, and whether these are the most pertinent
measures of WEA's performance; (2) how Participating CMS Providers
should measure performance of WEA for the purpose of generating WEA
performance reports; (3) how and when WEA performance reports should be
provided to the Commission; (4) whether WEA performance reports should
include information collected at the consumer's device, including
information about the actual time and location of alert receipt, and
whether consumer devices should automatically report this information
to Participating CMS Providers; and, (5) how the Commission can further
improve WEA's speed and reliability based on the findings of the 2021
nationwide WEA test. We believe that having empirical data on WEA's
reliability, speed, and accuracy, and developing a shared understanding
among emergency management agencies and the public regarding the
system's capabilities will help promote and increase emergency
managers' use of WEA during emergencies and other critical situations
which will save lives. We also believe that our actions will help
increase public confidence in WEA.
B. Legal Basis
The proposed action is taken pursuant to sections 1, 2, 4(i), 4(o),
301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615,
as well as by sections 602(a),(b),(c), (f), 603, 604, 605 and 606 of
the WARN Act, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204, 1205 and
1206.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
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 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 SBA.
Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not
[[Page 30859]]
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 32.5 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 2020, there were
approximately 447,689 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.''
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
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2021 Universal
Service Monitoring Report, as of December 31, 2020, there were 797
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 715
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
Broadband Personal Communications Service. The broadband personal
communications services (PCS) spectrum encompasses services in the
1850-1910 and 1930-1990 MHz bands. The closest industry with a SBA
small business size standard applicable to these services is Wireless
Telecommunications Carriers (except Satellite). The SBA small business
size standard for this industry classifies a business as small if it
has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated in this industry for the
entire year. Of this number, 2,837 firms employed fewer than 250
employees. Thus, under the SBA size standard, the Commission estimates
that a majority of licensees in this industry can be considered small.
Based on Commission data as of November 2021, there were
approximately 5,060 active licenses in the Broadband PCS service. The
Commission's small business size standards with respect to Broadband
PCS involve eligibility for bidding credits and installment payments in
the auction of licenses for these services. In auctions for these
licenses, the Commission defined ``small business'' as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and a ``very small business'' as an entity that, together with its
affiliates and controlling interests, has had average annual gross
revenues not exceeding $15 million for the preceding three years.
Winning bidders claiming small business credits won Broadband PCS
licenses in C, D, E, and F Blocks. In frequency bands where licenses
were subject to auction, the Commission notes that as a general matter,
the number of winning bidders that qualify as small businesses at the
close of an auction does not necessarily represent the number of small
businesses currently in service. Further, the Commission does not
generally track subsequent business size unless, in the context of
assignments or transfers, unjust enrichment issues are implicated.
Additionally, since the Commission does not collect data on the number
of employees for licensees providing these, at this time we are not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
Narrowband Personal Communications Services. Narrowband Personal
Communications Services (Narrowband PCS) are PCS services operating in
the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. PCS services are
radio communications that encompass mobile and ancillary fixed
communication that provide services to individuals and businesses and
can be integrated with a variety of competing networks. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with an SBA small business size standard applicable to these services.
The SBA small business size standard for this industry classifies a
business as small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2017 show that there were 2,893 firms that operated in
this industry for the entire year. Of this number, 2,837 firms employed
fewer than 250 employees. Thus, under the SBA size standard, the
Commission estimates that a majority of licensees in this industry can
be considered small.
According to Commission data as of December 2021, there were
approximately 4,211 active Narrowband PCS licenses. The Commission's
small business size standards with respect to Narrowband PCS involve
eligibility for bidding credits and installment payments in the auction
of licenses for these services. For the auction of these licenses, the
Commission defined a ``small business'' as an entity that, together
with affiliates and controlling interests, has average gross revenues
for the three preceding years of not more than $40 million. A ``very
small business'' is defined as an entity that, together with affiliates
and controlling interests, has average gross revenues for the three
preceding years of not more than $15 million. Pursuant to these
definitions, 7 winning bidders claiming small and very small bidding
credits won approximately 359 licenses. One of the winning bidders
claiming a small business status classification in these Narrowband PCS
license auctions had an active license as of December 2021.
[[Page 30860]]
In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
Wireless Communications Services. Wireless Communications Services
(WCS) can be used for a variety of fixed, mobile, radiolocation, and
digital audio broadcasting satellite services. Wireless spectrum is
made available and licensed for the provision of wireless
communications services in several frequency bands subject to Part 27
of the Commission's rules (47 CFR part 27). Wireless Telecommunications
Carriers (except Satellite) is the closest industry with an SBA small
business size standard applicable to these services. The SBA small
business size standard for this industry classifies a business as small
if it has 1,500 or fewer employees. U.S. Census Bureau data for 2017
show that there were 2,893 firms that operated in this industry for the
entire year. Of this number, 2,837 firms employed fewer than 250
employees. Thus, under the SBA size standard, the Commission estimates
that a majority of licensees in this industry can be considered small.
The Commission's small business size standards with respect to WCS
involve eligibility for bidding credits and installment payments in the
auction of licenses for the various frequency bands included in WCS.
When bidding credits are adopted for the auction of licenses in WCS
frequency bands, such credits may be available to several types of
small businesses based average gross revenues (small, very small and
entrepreneur) pursuant to the competitive bidding rules adopted in
conjunction with the requirements for the auction and/or as identified
in the designated entities section in Part 27 of the Commission's rules
for the specific WCS frequency bands.
In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
700 MHz Guard Band Licensees. The 700 MHz Guard Band encompasses
spectrum in 746-747/776-777 MHz and 762-764/792-794 MHz frequency
bands. Wireless Telecommunications Carriers (except Satellite) is the
closest industry with an SBA small business size standard applicable to
licenses providing services in these bands. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of this number, 2,837 firms employed fewer than 250 employees.
Thus, under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
According to Commission data as of December, 2021, there were
approximately 224 active 700 MHz Guard Band licenses. The Commission's
small business size standards with respect to 700 MHz Guard Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, five winning bidders claiming one of the small business
status classifications won 26 licenses, and one winning bidder claiming
small business won two licenses. None of the winning bidders claiming a
small business status classification in these 700 MHz Guard Band
license auctions had an active license as of December 2021.
In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses
spectrum in the 698-746 MHz frequency bands. Permissible operations in
these bands include flexible fixed, mobile, and broadcast uses,
including mobile and other digital new broadcast operation; fixed and
mobile wireless commercial services (including FDD- and TDD-based
services); as well as fixed and mobile wireless uses for private,
internal radio needs, two-way interactive, cellular, and mobile
television broadcasting services. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with an SBA small business
size standard applicable to licenses providing services in these bands.
The SBA small business size standard for this industry classifies a
business as small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2017 show that there were 2,893 firms that operated in
this industry for the entire year. Of this number, 2,837 firms employed
fewer than 250 employees. Thus, under the SBA size standard, the
Commission estimates that a majority of licensees in this industry can
be considered small.
According to Commission data as of December 2021, there were
approximately 2,824 active Lower 700 MHz Band licenses. The
Commission's small business size standards with respect to Lower 700
MHz Band licensees involve eligibility for bidding credits and
installment payments in the auction of licenses. For auctions of Lower
700 MHz Band licenses the Commission adopted criteria for three groups
of small businesses. A very small business was defined as an entity
that, together with its affiliates and controlling interests, has
average annual gross revenues not exceeding $15 million for the
preceding three years, a small business was defined as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and an entrepreneur was defined as an entity that, together with its
affiliates and
[[Page 30861]]
controlling interests, has average gross revenues not exceeding $3
million for the preceding three years. In auctions for Lower 700 MHz
Band licenses seventy-two winning bidders claiming a small business
classification won 329 licenses, twenty-six winning bidders claiming a
small business classification won 214 licenses, and three winning
bidders claiming a small business classification won all five auctioned
licenses.
In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are
nationwide licenses associated with the 758-763 MHz and 788-793 MHz
bands. Permissible operations in these bands include flexible fixed,
mobile, and broadcast uses, including mobile and other digital new
broadcast operation; fixed and mobile wireless commercial services
(including FDD- and TDD-based services); as well as fixed and mobile
wireless uses for private, internal radio needs, two-way interactive,
cellular, and mobile television broadcasting services. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with an SBA small business size standard applicable to licenses
providing services in these bands. The SBA small business size standard
for this industry classifies a business as small if it has 1,500 or
fewer employees. U.S. Census Bureau data for 2017 show that there were
2,893 firms that operated in this industry for the entire year. Of that
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
According to Commission data as of December, 2021, there were
approximately 152 active Upper 700 MHz Band licenses. The Commission's
small business size standards with respect to Upper 700 MHz Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, three winning bidders claiming very small business status
won five of the twelve available licenses.
In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
Advanced Wireless Services (AWS)--(1710-1755 MHz and 2110-2155 MHz
bands (AWS-1); 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-
2180 MHz bands (AWS-2); 2155-2175 MHz band (AWS-3); 2000-2020 MHz and
2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in
these bands for the provision of various wireless communications
services. Wireless Telecommunications Carriers (except Satellite) is
the closest industry with an SBA small business size standard
applicable to these services. The SBA small business size standard for
this industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
According to Commission data as December, 2021, there were
approximately 4,472 active AWS licenses. The Commission's small
business size standards with respect to AWS involve eligibility for
bidding credits and installment payments in the auction of licenses for
these services. For the auction of AWS licenses, the Commission defined
a ``small business'' as an entity with average annual gross revenues
for the preceding three years not exceeding $40 million, and a ``very
small business'' as an entity with average annual gross revenues for
the preceding three years not exceeding $15 million. Pursuant to these
definitions, 57 winning bidders claiming status as small or very small
businesses won 215 of 1,087 licenses. In the most recent auction of AWS
licenses, 15 of 37 bidders qualifying for status as small or very small
businesses won licenses.
In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
Distribution Service (MDS) and Multichannel Multipoint Distribution
Service (MMDS) systems, and ``wireless cable,'' transmit video
programming to subscribers and provide two-way high speed data
operations using the microwave frequencies of the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (previously
referred to as the Instructional Television Fixed Service (ITFS)).
Wireless cable operators that use spectrum in the BRS often
supplemented with leased channels from the EBS, provide a competitive
alternative to wired cable and other multichannel video programming
distributors. Wireless cable programming to subscribers resembles cable
television, but instead of coaxial cable, wireless cable uses microwave
channels.
In light of the use of wireless frequencies by BRS and EBS
services, the closest industry with a SBA small business size standard
applicable to
[[Page 30862]]
these services is Wireless Telecommunications Carriers (except
Satellite). The SBA small business size standard for this industry
classifies a business as small if it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that there were 2,893 firms that
operated in this industry for the entire year. Of this number, 2,837
firms employed fewer than 250 employees. Thus, under the SBA size
standard, the Commission estimates that a majority of licensees in this
industry can be considered small.
According to Commission data as December, 2021, there were
approximately 5,869 active BRS and EBS licenses. The Commission's small
business size standards with respect to BRS involves eligibility for
bidding credits and installment payments in the auction of licenses for
these services. For the auction of BRS licenses, the Commission adopted
criteria for three groups of small businesses. A very small business is
an entity that, together with its affiliates and controlling interests,
has average annual gross revenues exceed $3 million and did not exceed
$15 million for the preceding three years, a small business is an
entity that, together with its affiliates and controlling interests,
has average gross revenues exceed $15 million and did not exceed $40
million for the preceding three years, and an entrepreneur is an entity
that, together with its affiliates and controlling interests, has
average gross revenues not exceeding $3 million for the preceding three
years. Of the ten winning bidders for BRS licenses, two bidders
claiming the small business status won 4 licenses, one bidder claiming
the very small business status won three licenses and two bidders
claiming entrepreneur status won six licenses. One of the winning
bidders claiming a small business status classification in the BRS
license auction has an active license as of December, 2021.
The Commission's small business size standards for EBS define a
small business as an entity that, together with its affiliates, its
controlling interests and the affiliates of its controlling interests,
has average gross revenues that are not more than $55 million for the
preceding five (5) years, and a very small business is an entity that,
together with its affiliates, its controlling interests and the
affiliates of its controlling interests, has average gross revenues
that are not more than $20 million for the preceding five (5) years. In
frequency bands where licenses were subject to auction, the Commission
notes that as a general matter, the number of winning bidders that
qualify as small businesses at the close of an auction does not
necessarily represent the number of small businesses currently in
service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
The Educational Broadcasting Services. Cable-based educational
broadcasting services fall under the broad category of the Wired
Telecommunications Carriers industry. The Wired Telecommunications
Carriers industry comprises 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. 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.''
The SBA small business size standard for this industry classifies
businesses having 1,500 or fewer employees as small. U.S. Census Bureau
data for 2017 show that there were 3,054 firms in this industry that
operated for the entire year. Of this total, 2,964 firms operated with
fewer than 250 employees. Thus, under this size standard, the majority
of firms in this industry can be considered small. Additionally,
according to Commission data as of December, 2021, there were 4,477
active EBS licenses. The Commission estimates that the majority of
these licenses are held by non-profit educational institutions and
school districts and are likely small entities.
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 small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
Software Publishers. This industry comprises establishments
primarily engaged in computer software publishing or publishing and
reproduction. Establishments in this industry carry out operations
necessary for producing and distributing computer software, such as
designing, providing documentation, assisting in installation, and
providing support services to software purchasers. These establishments
may design, develop, and publish, or publish only. The SBA small
business size standard for this industry classifies businesses having
annual receipts of $41.5 million or less as small. U.S. Census Bureau
data for 2017 indicate that 7,842 firms in this industry operated for
the entire year. Of this number 7,226 firms had revenue of less than
$25 million. Based on this data, we conclude that a majority of firms
in this industry are small.
Noncommercial Educational (NCE) and Public Broadcast Stations.
Noncommercial educational broadcast stations and public broadcast
stations are television or radio broadcast stations which under the
Commission's rules are eligible to be licensed by the Commission as a
noncommercial educational radio or television broadcast station and are
owned and operated by a public agency or nonprofit private foundation,
corporation, or association; or are owned and operated by a
municipality which transmits only noncommercial programs for education
purposes.
The SBA small business size standards and U.S. Census Bureau data
classify radio stations and television broadcasting separately and both
categories may include both noncommercial and commercial stations. The
SBA small business size standard for both radio stations and television
broadcasting classify firms having $41.5 million or less in annual
receipts as small. For Radio Stations, U.S. Census Bureau data for 2017
show that 1,879 of the 2,963 firms that operated during that year had
revenue of less than $25 million per year. For
[[Page 30863]]
Television Broadcasting, U.S. Census Bureau data for 2017 show that 657
of the 744 firms that operated for the entire year had revenue of less
than $25,000,000. While the U.S. Census Bureau data does not indicate
the number of non-commercial stations, we estimate that under the
applicable SBA size standard the majority of noncommercial educational
broadcast stations and public broadcast stations are small entities.
According to Commission data as of September 2021, there were 4,595
licensed noncommercial educational radio and television stations. There
were also 2,276 low power television stations, including Class A
stations (LPTV) and 3,106 TV translator stations. The Commission does
not compile and otherwise does not have access to financial information
for these stations that permit it to determine how many stations
qualify as small entities under the SBA small business size standards.
However, given the nature of these services, we will presume that all
noncommercial educational and public broadcast stations qualify as
small entities under the above SBA small business size standards.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
We expect the actions proposed in the Further Notice, if adopted,
will impose additional reporting, recordkeeping and/or other compliance
obligations on small as well as other entities who report to the
Commission on the performance of their WEA service. The Further Notice
seeks to refresh the record to develop metrics for WEA performance and
reporting. Specifically, we seek comment on whether Participating CMS
Providers should report to the Commission on the reliability, speed,
and accuracy of their WEA service, and if so, on when and how the
reports should be provided to the Commission, on how Participating CMS
Providers should gather that data necessary to compile those
performance reports, and on how WEA reports should quantify these key
performance metrics. We also inquire whether there are other or
additional measures of WEA's performance that are relevant to emergency
management agencies and the public that the Commission should consider
as a reporting requirement.
In assessing the cost of compliance for small entities, at this
time the Commission cannot quantify the cost of compliance for small
entities and is not in a position to determine whether, if adopted,
compliance with any WEA performance reporting or other requirements
will require small entities to hire professionals. The Commission
sought detailed comment on the costs of WEA performance reporting in
the 2016 WEA R&O and FNPRM, but did not receive any responsive comments
on this issue. However, in 2021, the Commission estimated that the
total annual cost of compliance with its WEA election requirements for
the industry would be $1 million, which was approved by the Office of
Management and Budget. This cost estimate included the total effort
required by Participating CMS Providers to assess the extent of their
readiness to participate in WEA and report such to new and existing
subscribers and the Commission. Accordingly regarding costs, the
Further Notice seeks comment on: (1) The costs associated with
Participating CMS Providers' production of WEA performance reports, (2)
whether its prior $1 million estimate is a reasonable cost ceiling for
CMS Providers to generate and submit WEA performance tests because both
lines of effort entail reporting and analysis of WEA-related network
infrastructure, (3) whether in the alternative, the cost to establish
and report on the results of E911 location accuracy testing would be a
more accurate analog to the cost of reporting on WEA's performance, and
(4) whether standards revisions or software and firmware updates to CMS
network equipment and mobile devices may be necessary to log WEA
performance data. We expect the comments we receive to include
information addressing costs which will help the Commission identify
and evaluate relevant issues for small entities, including compliance
costs and other burdens that may result from any WEA performance
reporting requirements that may be adopted in this proceeding, before
adopting final rules.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
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 such small entities; (3) the
use of performance, rather than design, standards; and (4) and
exemption from coverage of the rule, or any part thereof, for such
small entities.''
The Commission seeks comment on steps that it could take to limit
the burden of WEA performance reporting. It seeks comment on the extent
to which the Commission could limit the overall economic impact of WEA
performance reporting by providing increased flexibility for businesses
identified as small by the Small Business Administration or by limiting
the applicability of the requirement to only the three nationwide CMS
Providers.
Building on the Commission's prior proposals and its objective to
refresh the record to develop metrics for WEA performance and
reporting, in the Further Notice the Commission does not propose to set
minimum performance benchmarks which could adversely affect small
entities. Instead, we seek to identify key reporting metrics that will
help stakeholders develop an understanding of WEA end-to-end
performance. The Commission also seeks comment on steps that it could
take to limit the burden of WEA performance reporting as a general
matter, which could help minimize the economic impact of any adopted
WEA performance reporting requirements on small entities. Further,
specifically targeting small entities, we seek comment on the extent to
which the Commission could limit the overall economic impact of WEA
performance reporting by providing increased flexibility for businesses
identified as small by the SBA, or by limiting the applicability of the
requirement to only the three nationwide CMS Providers.
In the Further Notice, the Commission also identifies alternative
approaches on several matters that might minimize the economic impact
for small entities. While seeking comment on how to define reliability,
speed, and accuracy for WEA, the Commission inquires whether the
definitions it proposed in the 2016 WEA R&O and FNPRM best capture the
definitions for reliability, speed, and accuracy of WEA. As part of
this inquiry, in the alternative we seek comment on: (1) Whether WEA's
reliability should be defined as the proportion of devices within the
targeted area while the alert is active that successfully displayed the
alert, (2) whether WEA's speed should be measured as the difference
between the time that an alert is initiated by an authorized alert
originator and the time that the alert is displayed at the mobile
device, (3) whether WEA's accuracy should be defined as the proportion
of alert recipients that received the alert within and further than 0.1
miles from
[[Page 30864]]
the target area, and (4) whether reliability, speed, and accuracy are
the most pertinent measures of WEA's performance to emergency
management agencies and the public.
Similarly, the Commission seeks comment in the Further Notice on
how Participating CMS Providers should measure the performance of their
WEA service for the purpose of generating WEA performance reports
noting that in the 2016 WEA R&O and FNPRM we previously proposed that
Participating CMS Providers be required to submit WEA performance
reports based on aggregated data from all WEA activations during the
reporting period. In the alternative, we inquire whether the Commission
should: (1) Allow performance reports to be based on discrete WEA tests
conducted by Participating CMS Providers in partnership with federal,
state, or local emergency management agencies in a representative
sample of dense urban, urban, suburban and rural geographic
environments, or (2) require WEA performance reports to be based on
aggregated data from real-time WEA use and how this would be
implemented. Regarding how and when performance reports should be
provided to the Commission, as an alternative to our 2016 proposal to
require Participating CMS Providers to report on the performance of
their WEA service annually, or to require a single report and
additional reports only in response to ``material'' network upgrades,
in the Further Notice as a step to limit the burden of reporting while
still gaining visibility into end-to-end WEA performance, we inquire
whether to require Participating CMS Providers to submit multiple
reports, such as a series of three reports, and whether the submission
of performance reports should coincide with any particular developments
or milestones. The Commission expects to more fully consider the
economic impact and alternatives for small entities following the
review of comments filed in response to the Further Notice.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Initial Paperwork Reduction Act of 1995 Analysis
The Further Notice may contain potential new or revised information
collection requirements. Therefore, we seek comment on potential new or
revised information collections subject to the Paperwork Reduction Act
of 1995. If the Commission adopts any new or revised information
collection requirements, the Commission will publish a notice in the
Federal Register inviting the general public and the Office of
Management and Budget to comment on the information collection
requirements, as required by the Paperwork Reducation Act of 1995,
Public Law 104-13. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), we seek specific comment on how we might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
Comments and Reply Comments
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated in the DATES section above.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998), <a href="https://transition.fcc.gov/Bueaus/OGC/Orders/1998/fcc98056.pdf">https://transition.fcc.gov/Bueaus/OGC/Orders/1998/fcc98056.pdf</a>.
Ex Parte Rules
This Further Notice 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.
Ordering Clauses
Accordingly, it is ordered, pursuant to Sections 1, 2, 4(i), 4(o),
301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615,
as well as by sections 602(a),(b),(c), (f), 603, 604, 605, and 606 of
the WARN Act, as amended, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204,
1205, and 1206, that the Further Notice in PS Docket No. 15-91 and 15-
94 is hereby adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Further Notice, including the Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-10408 Filed 5-19-22; 8:45 am]
BILLING CODE 6712-01-P
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