Proposed Rule2022-10542
Wireless Telecommunications Bureau Seeks Comment on Compliance Gap Drive Testing for Alaska Plan Participants
Primary source
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Published
May 18, 2022
Issuing agencies
Federal Communications Commission
Abstract
The Wireless Telecommunications Bureau requests comment on requiring mobile-provider participants of the Alaska Plan subject to the drive test requirement to submit new drive-test data if they fail to demonstrate compliance with their approved performance plan.
Full Text
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<title>Federal Register, Volume 87 Issue 96 (Wednesday, May 18, 2022)</title>
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[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Proposed Rules]
[Pages 30161-30163]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10542]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 16-271; DA 22-484; FR ID 86428]
Wireless Telecommunications Bureau Seeks Comment on Compliance
Gap Drive Testing for Alaska Plan Participants
AGENCY: Federal Communications Commission.
ACTION: Proposed compliance with Alaska Plan; request for comments.
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SUMMARY: The Wireless Telecommunications Bureau requests comment on
requiring mobile-provider participants of the Alaska Plan subject to
the drive test requirement to submit new drive-test data if they fail
to demonstrate compliance with their approved performance plan.
DATES: Comments are due on or before June 1, 2022 and replies are due
on or before June 8, 2022.
ADDRESSES: Interested parties may file comments on or before the date
indicated above and must reference WC Docket No. 16-271. Comments may
be filed using the Commission's Electronic Filing System (ECFS) or by
filing paper copies.
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
[[Page 30162]]
<bullet> 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.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#eb8d8888dedbdfab8d8888c58c849d"><span class="__cf_email__" data-cfemail="cdabaeaef8fdf98dabaeaee3aaa2bb">[email protected]</span></a> or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Matthew Warner of the Wireless Telecommunications
Bureau, Competition & Infrastructure Policy Division,
<a href="/cdn-cgi/l/email-protection#531e3227273b36247d0432213d3621133530307d343c25"><span class="__cf_email__" data-cfemail="7934180d0d111c0e572e180b171c0b391f1a1a571e160f">[email protected]</span></a>, (202) 418-2419.
SUPPLEMENTARY INFORMATION: This is a summary of the ``Request for
Comment'' portion of the Bureau's Alaska Plan Drive Test Order and
Request for Comment, adopted on May 5, 2022, and released on May 5.
2022. The summary of the Order portion is published elsewhere in this
issue of the Federal Register. The full text of this document is
available for public inspection on the Commission's website at: <a href="https://www.fcc.gov/document/alaska-drive-test-order-and-request-comment">https://www.fcc.gov/document/alaska-drive-test-order-and-request-comment</a>.
I. Introduction
1. In the Order portion of this document, the Wireless
Telecommunications Bureau (Bureau) adopts a drive-test model and
parameters for the drive tests that are required of certain mobile
providers participating in the Alaska Plan. The Bureau will use these
drive-test data to determine whether mobile providers that receive more
than $5 million in annual support for the deployment of mobile voice
and broadband service in remote areas of Alaska have met their
performance commitments. In the Request for Comment portion of this
document, we seek comment on a proposal to require mobile-provider
participants subject to the drive-test requirement to submit new drive-
test data consistent with the drive-test model and parameters if they
fail to meet a buildout milestone and later seek to cure a compliance
gap.
II. Request for Comment
2. This Request for Comment seeks comment on an approach for mobile
providers that receive more than $5 million annually from the Alaska
Plan to address compliance gaps under Sec. 54.320(d)(1) of the
Commission's rules. Section 54.320(d)(1) establishes a framework to
assess any compliance gaps for Alaska Plan mobile providers'
commitments. To ensure that mobile providers receiving more than $5
million annually for the Alaska Plan have met their interim milestone
commitments, the Commission will analyze the drive test data discussed
in this Order, in addition to other data, to determine whether they
have any compliance gaps and, if so, the extent of the compliance gap
per commitment (i.e., which compliance gap tier the mobile provider
falls into). We seek comment on requiring these mobile providers to
submit new drive-test data if they fail to demonstrate compliance with
their approved performance plan by the five-year interim milestone.
3. To the extent that a mobile-provider participant subject to the
drive-test requirement is shown through the results of the testing to
have failed to meet its five-year performance requirement, and seeks to
cure a compliance gap, we propose to require the provider to submit new
drive-test data consistent with the Alaska Drive-Test Model we adopt
today. Under this proposal, the provider would submit updated coverage
data, including middle-mile data if applicable, whenever it seeks to
improve its compliance gap tier until it has less than a 5% compliance
gap. Commission staff then would provide new grid cells to test based
on this updated coverage data. For example, if a provider that had a
compliance gap of 30% (and is thus in Tier 3) reports that it reduced
its compliance gap to 10%, which would warrant a move to Tier 1, then
the provider would submit its updated coverage and middle-mile data to
the Commission. Staff would provide the mobile-provider participant new
grid cells to test, consistent with the mobile-provider participant's
updated coverage data. The mobile-provider participant would need to
provide new drive-test data consistent with the Alaska Drive-Test Model
as verifying evidence that it has moved compliance tiers. For a mobile-
provider participant with multiple frames (if there is a compliance gap
for its fiber-based 4G LTE population, for example), it would need to
provide supporting drive-test data for all affected frames. This would
ensure that new compliance gaps are not created when other compliance
gaps are reduced. We seek comment on this proposal. We also seek
comment on whether we should adopt any additional requirements for
retesting beyond what is required under the Alaska Drive-Test Model.
A. Digital Equity and Inclusion
4. Finally, as part of the Commission's continuing effort to
advance digital equity for all, including people of color and others
who have been historically underserved, marginalized, and adversely
affected by persistent poverty and inequality, we invite comment on any
equity-related considerations and benefits (if any) that may be
associated with the issues discussed herein. Specifically, we seek
comment on how these matters may promote or inhibit advances in
diversity, equity, inclusion, and accessibility.
III. Procedural Matters
A. Initial Regulatory Flexibility Certification
5. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that an initial regulatory flexibility analysis be prepared
for notice-and-comment rule making proceedings, unless the agency
certifies that ``the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).
6. This Request for Comment seeks comment on the drive testing
proposals required by the Alaska Plan for those wireless participants
receiving more than $5 million in annual Alaska Plan support, excluding
the smaller wireless participants that receive less than that in annual
support. The proposals, if adopted, would apply to only two entities,
one of which does not qualify as a small entity. Therefore, we certify
that the proposals in this Request for Comment, if adopted, will not
have a significant economic impact on a substantial number of small
entities.
7. The Commission will send a copy of the Request for Comment,
including a copy of this Initial Regulatory Flexibility Certification,
to the Chief Counsel for Advocacy of the SBA. This initial
certification will also be published in the Federal Register.
B. Ex Parte Presentations
8. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in
[[Page 30163]]
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)
(47 CFR 1.1206(b)). In proceedings governed by rule 1.49(f) (47 CFR
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.
C. Filing Requirements
9. Comments. Interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document and must reference WC Docket No. 16-271. Comments may be filed
using the Commission's Electronic Filing System (ECFS) or by filing
paper copies.
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
[cir] 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, 35 FCC Rcd 2788 (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>.
10. People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#b2d4d1d1878286f2d4d1d19cd5ddc4"><span class="__cf_email__" data-cfemail="d8bebbbbede8ec98bebbbbf6bfb7ae">[email protected]</span></a> or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
11. Additional Information. For additional information on this
proceeding, contact Matthew Warner of the Wireless Telecommunications
Bureau, Competition & Infrastructure Policy Division,
<a href="/cdn-cgi/l/email-protection#44092530302c21336a1325362a2136042227276a232b32"><span class="__cf_email__" data-cfemail="206d4154544845570e7741524e4552604643430e474f56">[email protected]</span></a>, (202) 418-2419.
IV. Ordering Clauses
12. It is ordered that, pursuant to the authority contained in
Sections 1 through 4, 201, 254, 301, 303, 307, 309, 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 151 through 154, 201,
254, 301, 303, 307, 309, 332 and Sections 0.91, 0.131, 0.291, 0.311,
54.317, 54.320, and 54.321 of the Commission's rules, 47 CFR 0.91,
0.131, 0.291, 0.311, 54.317, 54.320, and 54.321, and the delegated
authority contained in the Alaska Plan Order, 31 FCC Rcd 10139, 10160,
10166 through 67, paras. 67, 85, notice is hereby given of the
proposals described and tentative conclusions in the Request for
Comment.
13. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order and Request for Comment, including the Initial
Regulatory Flexibility Certification and the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2022-10542 Filed 5-17-22; 8:45 am]
BILLING CODE 6712-01-P
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