Proposed Rule2022-24395
The Uniendo a Puerto Rico Fund and the Connect USVI Fund, Connect America Fund
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
November 9, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC or Commission) seeks comment on proposals to ensure that mobile carriers continue to implement advanced telecommunications services and that fixed providers have sufficient resiliency and redundancy during the transition periods of the Bringing Puerto Rico Together Fund and the Connect USVI Fund.
Full Text
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<title>Federal Register, Volume 87 Issue 216 (Wednesday, November 9, 2022)</title>
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[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Proposed Rules]
[Pages 67660-67665]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24395]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 18-143, 10-90; FCC 22-79; FR ID 112958]
The Uniendo a Puerto Rico Fund and the Connect USVI Fund, Connect
America Fund
AGENCY: Federal Communications Commission
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) seeks comment on proposals to ensure that mobile
carriers continue to implement advanced telecommunications services and
that fixed providers have sufficient
[[Page 67661]]
resiliency and redundancy during the transition periods of the Bringing
Puerto Rico Together Fund and the Connect USVI Fund.
DATES: Comments are due on or before December 9, 2022, and reply
comments are due on or before December 27, 2022.
ADDRESSES: You may submit comments, identified by WC Docket Nos. 10-90
and 18-143, by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the Commission's Electronic Comment
Filing System (ECFS): <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of a proceeding, the
Commission's rules require paper filers to submit two additional copies
for each additional docket or rulemaking number.
<bullet> Filings can be sent by hand or messenger delivery, 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.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings at
its headquarters. This is a temporary measure taken to help protect the
health and safety of individuals, and to mitigate the transmission of
COVID-19.
Pursuant to Sec. Sec. 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 this document. Comments
may be filed using ECFS. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998). If you anticipate that you
will be submitting comments, but find it difficult to do so within the
period of time allowed by this document, you should advise the contact
listed in the following as soon as possible.
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#ec8a8f8fd9dcd8ac8a8f8fc28b839a"><span class="__cf_email__" data-cfemail="690f0a0a5c595d290f0a0a470e061f">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202)
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For further information, please
contact, Dangkhoa Nguyen, Telecommunications Access Policy Division,
Wireline Competition Bureau, at <a href="/cdn-cgi/l/email-protection#efab8e81888487808ec1a1889a968a81af898c8cc1888099"><span class="__cf_email__" data-cfemail="0a4e6b646d6162656b24446d7f736f644a6c6969246d657c">[email protected]</span></a> or 202-418-
7400, or Jesse Jachman, Telecommunications Access Policy Division,
Wireline Competition Bureau, at <a href="/cdn-cgi/l/email-protection#5f153a2c2c3a71153e3c37323e311f393c3c71383029"><span class="__cf_email__" data-cfemail="68220d1b1b0d4622090b00050906280e0b0b460f071e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in WC Docket Nos. 18-143
and 10-90, adopted on October 27, 2022, and released on October 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-further-strengthen-storm-hardened-puerto-rico-usvi-networks-0">https://www.fcc.gov/document/fcc-further-strengthen-storm-hardened-puerto-rico-usvi-networks-0</a>.
Ex Parte Presentations. This proceeding 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.
I. Introduction
1. According to the United States Department of Agriculture, ``the
major threat of disaster in Puerto Rico and the U.S. Virgin Islands
comes from hurricanes, tropical storms, and drought.'' In 2017, two
hurricanes battered these Territories, causing extensive damage and
loss of life. Although repair of infrastructure was critical, ``simply
putting vulnerable systems back to the way they were before they
collapsed is not enough.'' The outages, flooding, and landslides in
Puerto Rico caused by the recent Hurricane Fiona demonstrate that
infrastructure in areas prone to hurricanes must be built to withstand
storm damage and have redundant capabilities.
2. In the aftermath of the 2017 hurricanes, the Commission
committed to ensuring the restoration, hardening, and expansion of
advanced telecommunications networks in the Territories by creating the
Bringing Puerto Rico Together Fund and the Connect USVI Fund. As part
of these efforts, the Commission adopted a plan to support state-of-
the-art mobile wireless networks, including the 5G services being
deployed nationwide. For fixed broadband services, the Commission
adopted a new, single-round competitive process to award fixed
broadband support tied to defined deployment and public interest
obligations over a 10-year period in place of the frozen support
carriers were then receiving. With the effects of Hurricane Fiona
clearly evident, the Commission now seeks to build on these efforts and
ensure that carriers maintain and strengthen existing facilities while
network construction and improvement continue toward the goal of
bringing more advanced services to the Commonwealth of Puerto Rico and
the U.S. Virgin Islands (together ``the Territories''). As explained in
the following, the Commission seeks comment on proposals to ensure that
mobile carriers continue to implement advanced telecommunications
services and that fixed providers have sufficient resiliency and
redundancy during the
[[Page 67662]]
transition periods of the Bringing Puerto Rico Together Fund and the
Connect USVI Fund.
II. The Bringing Puerto Rico Together Fund and the Connect USVI Fund
3. The Commission provided a three-year period of support for
mobile carriers to rebuild their networks to their pre-hurricane
coverage levels. In addition, carriers had the opportunity to accept
additional funding dedicated to the expansion of 5G services throughout
the Territories. Although substantial progress has been made, this
Stage 2 mobile support will end in 2023, and it appears now that more
work is needed to ensure that Puerto Rico and the U.S. Virgin Islands
enjoy the same levels of service as the mainland. Hurricane Fiona has
provided a reminder of the critical nature of mobile services in times
of emergency and that carriers must have the resources necessary to
prepare for and repair from severe storms. The Commission seeks comment
on these issues.
4. Transition for Mobile Support. The Commission proposes to
provide transitional support to those eligible facilities-based mobile
carriers currently receiving Stage 2 mobile support. The transitional
support is for the purpose of maintaining the availability of service
until a longer-term support mechanism is adopted and does not supplant
the Commission's goal of furthering the deployment of advanced mobile
services. The Commission believes that the preservation of service and
advancement of mobile networks will be best achieved by providing
transitional support for facilities-based carriers participating in the
Bringing Puerto Rico Together Fund and the Connect USVI Fund. At a time
of heightened risk from hurricanes, the Commission feels that any lapse
in funding, no matter how brief, may leave progress already made in
increasing the robustness of existing 4G telecom services and expanding
5G at risk. Should all facilities-based carriers that received mobile
support for restoration, hardening, and expansion be eligible for
transitional support? The Commission also notes that support recipients
in the Territories must submit their first annual reports later this
year. Should the data the Commission receives from those reports impact
the provision of transitional support?
5. Transitional Support Schedule. For the transition period, the
Commission proposes to provide support for up to two years (24 months)
beginning in the month immediately following the conclusion of each
eligible carrier's current Stage 2 mobile support. The Commission
tentatively concludes that providing support immediately following the
completion of the current mobile support period will allow a seamless
preservation of service and will encourage carriers to continue the
hardening and expansion of advanced mobile networks in the Territories.
The Commission seeks comment on this tentative conclusion.
6. The Commission adopted the current Stage 2 three-year support
period to allow further development of the procedures and standards for
mobile voice and broadband services for possible future application in
the Territories. At the time, the Commission anticipated issuing a
Further Notice of Proposed Rulemaking to seek comment on the
implementation of a long-term support process for high-speed mobile
broadband networks through Puerto Rico and the U.S. Virgin Islands
before Stage 2 ended. Notwithstanding the Commission's proposal for a
transition period of up to two years, it proposes that transitional
support will cease once support is authorized under a long-term mobile
wireless mechanism for Puerto Rico and the U.S. Virgin Islands. The
Commission seeks comment on its proposal for the period of transitional
support, including whether to continue transitional support after two
years if authorizations under a long-term mechanism have not yet
occurred.
7. Transitional Support Amounts. The Commission proposes to provide
transitional support for each eligible facilities-based mobile carrier
in an amount equal to the Stage 2 mobile support it currently receives
for 5G technologies. For Stage 2, the Commission allocated 25% of the
total Stage 2 mobile support of $258.8 million for the Territories
toward 5G network deployment. Participating carriers elected to receive
approximately $21.2 million annually for 5G networks in Puerto Rico and
approximately $367,000 annually for 5G networks in the U.S. Virgin
Islands. Carriers are required to return any unused Stage 2 mobile
support to the Universal Service Administrative Company within 30 days
following the end of the three-year support period. The Commission's
proposed transitional support amount is based on the tentative
conclusion that mobile carriers will have successfully restored and
hardened their mobile networks by the end of the Stage 2 period, so
less support will be needed. The Commission seeks comment on whether
Stage 2 recipients have already been using more than 25% of their
available support, i.e., if recipients have used a portion of the 75%
of support allocated for 4G LTE or better, for the deployment of 5G
technologies, to determine whether the proposed amount of transitional
support is appropriate. The Commission notes that it is in the process
of updating its fixed and mobile broadband availability maps with more
detailed and precise information on the availability of fixed and
mobile broadband service. The Commission seeks comment on whether it
should use these Broadband Data Collection maps to determine
transitional support amounts or if it is better to maintain a stable
amount of support to allow carriers to make plans on how best to expand
and harden their networks.
8. The Commission required eligible facilities-based mobile
carriers to meet interim and final milestones to restore their network
coverage to at least their pre-hurricane area, while also meeting
public interest and network performance obligations for 4G LTE and 5G
network technologies. While the interim milestone reporting deadline
date has not been reached, staff analyses based on June 2021 Form 477
data preliminarily indicate that mobile carriers participating in the
Bringing Puerto Rico Together Fund and the Connect USVI Fund will have
met, or exceeded, their interim milestone to restore network coverages
to at least 66% of their pre-hurricane coverages. Similarly, the
Commission's review of carriers' publicly available coverage maps
reflects significant coverage of the Territories with 4G LTE and 5G
capable networks. Do participating carriers require a different amount
of transitional support to preserve service following the full
restoration of pre-hurricane coverage areas? Should the transitional
support for each eligible facilities-based mobile carrier vary
depending on any network resilience performance metrics? Should any
unused Stage 2 mobile support designated for 5G networks be used to
offset a carrier's transitional support? For example, if a carrier was
unable to use all of the 25% of total support allocated to 5G networks,
should that unused support be deducted from the transitional support
the carrier would otherwise receive? Is the amount of proposed
transitional support sufficient to permit carriers to further harden
advanced telecommunication networks supporting 5G service? The
Commission seeks comment on its proposal for transitional support
amounts, along with any evidence of why a different support amount or
alternative proposals might be necessary.
9. Appropriate Use of Support. In the 2019 PR USVI Order, 84 FR
59937, November 7, 2019, the Commission observed that carriers were
rapidly
[[Page 67663]]
investing in 5G deployment across the country and directed support
toward 4G LTE and 5G technologies to ensure that consumers in the
Territories were not relegated to substandard mobile service. In light
of that investment, the Commission proposes to limit transitional
support to restoring, hardening, or expanding networks with 5G-capable
networks, and to end use of this support for 4G LTE. Would such a
requirement be consistent with the Commission's goal to ``target
universal service funding to support the deployment of the highest
level of mobile service available today''? The Commission alternatively
seeks comment on allowing support recipients to use transitional
support to restore (as necessary), harden, or expand networks with 4G
LTE and 5G baseline performance requirements and standards set forth in
the 2019 PR USVI Order or any subsequent standard adopted by
Commission. Would any other restrictions be appropriate? For example,
how would the Commission curtail overbuilding or supporting multiple
mobile carriers in areas where more than one carrier already provides
at least 4G LTE capable service?
10. Eligible Areas. The Commission next seeks comment on allowing a
mobile carrier receiving transitional support to continue using such
support for the provision, maintenance, and upgrading of facilities and
services throughout its territory during the transition. While the
Commission generally limits the scope of where high-cost support can be
used, the Commission concluded that all areas of Puerto Rico and the
U.S. Virgin Islands would be eligible for mobile high-cost support for
the restoration, hardening, and expansion of networks to allow carriers
``certain flexibility . . . to determine where hardening and/or
expansion will be most impactful.'' Is it still in the public interest
to permit use of support throughout Puerto Rico and the U.S. Virgin
Islands to implement greater resiliency and redundancy measures to
safeguard and preserve service during periods of future natural
disasters? Allowing a mobile eligible telecommunications carrier (ETC)
the flexibility to allocate its use of high-cost support throughout its
territory could allow a carrier to make more efficient decisions to
expand or harden networks, as well as ensure service. Alternatively,
should the Commission require carriers to limit the use of transitional
support to less populated areas of the Territories based on data from
the Broadband Data Collection? What geographic or population
limitations, if any, should the Commission impose on the use of support
to preclude the overbuilding of networks and to encourage hardening and
deployment in those areas with the least robust coverage?
11. Minimum Service Requirements and Reporting. The Commission
tentatively concludes that in exchange for accepting transitional
support, each mobile carrier must commit to accountability measures for
deployment in the Territories. Currently, competitive carriers
receiving high-cost support to provide mobile, terrestrial voice, and
data services must comply with minimum service requirements for 4G LTE
and 5G-NR technologies. Mobile support recipients are also required to
file reports and data regarding the use of support for hardening
networks and 5G technology deployment, and to maintain a Disaster
Preparation and Response Plan. The Commission sees no reason to deviate
from including accountability measures, and it proposes that carriers
receiving transitional support continue to be subject to performance
and reporting requirements during the transitional support period. The
Commission seeks comment on what type of performance and reporting
measures should be adopted. Should there be specific deployment
commitments or performance requirements by the mobile carriers in
exchange for transitional support? If so, what are the appropriate
deployment commitments, performance requirements, and corresponding
milestones the Commission should consider for the transitional support?
What types of reports, data, and verification mechanisms are required
to satisfy the deployment commitments and performance requirements?
When and how often should mobile carriers be required to submit the
reports and data the Commission proposes?
12. Minimum Security Reporting Requirements. The provision of
advanced services necessitates a recognition that such services, in
order to be effective and available, must be reasonably secure. In
order to further the Commission's goal of bringing more advanced
services to Puerto Rico and the U.S. Virgin Islands, it proposes to
require that, in exchange for accepting transitional support, a mobile
carrier report and explain the network security controls that it has
implemented and how they are commensurate with established best
practices or an established risk management framework. The Commission
seeks comment on whether, in exchange for accepting transitional
support, it should also require that mobile carriers report and explain
to the Commission instances of unauthorized access to their systems and
services. The Commission seeks comment on how to minimize the burden
associated with these disclosures, while also ensuring that they
promote the security of advanced services. The Commission emphasizes
that mobile carriers' cybersecurity disclosures would not be intended
to implicate any additional expenditure of transitional support funds.
The Commission seeks comment on this approach.
13. Election of Transitional Support. The Commission proposes that
mobile carriers affirmatively elect to receive the transitional
support, similar to the election process it employed previously for
mobile support. Eligible carriers would have a one-time opportunity to
elect to receive transitional support in exchange for a commitment to
specifically ensure service in their service areas and to use support
only for the provision, maintenance, and upgrading of facilities and
services for which the transitional support is intended. The Commission
seeks comment on the election process for its proposed transitional
support.
14. The Commission next addresses the phase-down of frozen support
adopted in the 2019 PR USVI Order. Carriers awarded fixed support to
build out high-speed broadband networks with an emphasis on resiliency
and redundancy must complete 40% of their required buildout by the end
of 2024, with an additional 20% of buildout required at the end of each
subsequent year. However, as demonstrated by the damage caused by
Hurricane Fiona, current telecommunications networks must be maintained
and protected until the services on the new networks start to become
available. Under the Commission's current rules, the phase-down in
frozen support for incumbent carriers that did not win competitive
support will be complete in June 2023, a full one and one-half years
prior to the first interim milestone for the winning carriers in the
competitive process. The Commission is concerned that incumbent
carriers may have insufficient resources to maintain their networks and
ensure resiliency during this period.
15. To ensure continuity of service throughout the Territories, the
Commission proposes to freeze phase-down support to the incumbent LECs
that did not win competitive support at \1/3\ of their total legacy
support until the winning applicant is required to meet its 60%
deployment milestone by December 31, 2025. The Commission tentatively
concludes that this revised phase-down schedule for support strikes
[[Page 67664]]
a more appropriate balance to ensure service in light of the heightened
risks of hurricanes in the Territories during the 18-month gap in time
following the end of the current phase-down schedule and first
deployment milestone deadline of December 31, 2024, for winning
applicants. The Commission seeks comment on this tentative conclusion.
The Commission notes that service may already be available to consumers
from a winning Stage 2 applicant or other unsubsidized carriers in
certain areas. Is providing support to areas where service is already
available consistent with the Commission's commitments to fiscal
responsibility and efficiently targeted support? The Commission seeks
comment on whether the period of time and amount of support it proposes
for additional phase-down support promotes access to quality services
in the most cost-effective and efficient manner possible.
16. While the Commission proposes to extend phase-down support to
December 31, 2025, are there other possible circumstances in which it
would be appropriate for the Commission to consider extending or
shortening the phase-down period? Would a significant delay or
substantial failure to meet the final deployment milestone by the
winning applicant require an extension of phase-down support?
Conversely, should the Commission consider shortening its proposed
additional phase-down period if a winning applicant meets its
milestones earlier than required? The Commission seeks comment on any
additional factors and circumstances it should consider in adjusting
the phase-down period. Are there actions the Commission should take to
ensure sufficient flexibility in the event that support should be
curtailed or extended?
17. The Commission also proposes that an incumbent LEC must limit
its use of the phase-down support to resiliency and redundancy
measures, consistent with the 2019 PR USVI Order, to continue hardening
its network, and that the incumbent LEC must at least maintain its
current footprint for voice and broadband services. The Commission
notes that since part of the Disaster Preparation and Response Plan
adopted by the 2019 PR USVI Order includes ensuring network diversity
and backup power, use of transitional phase-down support to purchase
and maintain generators to address power failures would be appropriate
under the Commission's proposal. The Commission seeks comment on
requiring an incumbent LEC receiving additional phase-down support to
maintain its Disaster Preparation and Preparedness Plan. Should the
Commission impose any other specific uses or limitations, e.g., a
geographic limitation, for the use of additional phase-down support?
What other obligations or commitments, if any, should apply to an
incumbent LEC that receives additional phase-down support under the
Commission's proposal? The Commission also seeks comment on whether to
adopt a formal procedural process for an incumbent LEC to affirmatively
accept additional phase-down support or opt out of receiving any
additional phase-down support.
18. To provide oversight and accountability and prevent waste,
fraud, and abuse, the Commission proposes to subject phase-down support
recipients to ongoing oversight by itself and the Universal Service
Administrative Company. An incumbent LEC interested in receiving this
support would be required to submit a spending plan for its use of
phase-down support for redundancy and resiliency measures to the
Wireline Competition Bureau (the Bureau) for approval. At the
conclusion of each calendar year, the incumbent LEC would be required
to provide the Commission with a report of how the phase-down support
was spent on resiliency and redundancy measures consistent with the
Bureau-approved plan, along with a certification pursuant to section
54.313(n) of the Commission's rules that the support was used only for
authorized purposes. The Commission seeks comment on this proposal.
Should the Commission require additional oversight and accountability
measures specific to the receipt of phase-down support? Are there
alternative measures the Commission should consider to ensure oversight
and accountability of providers receiving additional phase-down
support?
19. Digital Equity and Inclusion. Finally, the Commission, as part
of its continuing effort to advance digital equity for all, including
people of color, persons with disabilities, persons who live in rural
or Tribal areas, and others who are or have been historically
underserved, marginalized, or adversely affected by persistent poverty
or inequality, invites comment on any equity-related considerations and
benefits (if any) that may be associated with the proposals and issues
discussed in this document. Specifically, the Commission seeks comment
on how its proposals in the FNPRM may promote or inhibit advances in
diversity, equity, inclusion, and accessibility, as well the scope of
the Commission's relevant legal authority.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
20. The FNPRM may contain proposed modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. The Commission, as part of its continuing effort to
reduce paperwork burdens, will invite the general public and the Office
of Management and Budget to comment on any information collection
requirements contained in the document, as required by the PRA. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks
specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
21. Initial Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980 as amended (RFA) requires that a regulatory
flexibility analysis be prepared for rulemaking proceedings, unless the
agency certifies that ``the rule will not have a significant economic
impact on a substantial number of small entities.'' The RFA generally
defines ``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.
22. The FNPRM proposes support to maintain, improve, and expand
mobile services in Puerto Rico and the U.S. Virgin Islands. The FNPRM
proposes making support available to a facilities-based mobile carrier
that currently receives funding and that maintains its ETC designation
using a subscriber-based process. Four mobile carriers in the
Territories currently receive high-cost support and three carriers in
the Territories currently receive phase-down high-cost support
discussed in the FNPRM. The FNPRM does not propose that other carriers
will obtain an ETC designation to receive part of the additional
support proposed by the FNPRM, so the Commission does not anticipate
the proposed rule to affect more than seven providers out of the 1,763
providers currently receiving high-cost support. Accordingly, the
Commission anticipates that the FNPRM
[[Page 67665]]
will not affect a substantial number of carriers, and so it does not
anticipate that it will affect a substantial number of small entities.
Therefore, the Commission certifies that the FNPRM will not have a
significant economic impact on a substantial number of small entities.
See 5 U.S.C. 605(b).
IV. Ordering Clauses
23. Accordingly, it is ordered, pursuant to the authority contained
in sections 4(i), 214, 254, 303(r), and 403 of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), 214, 254, 303(r), and 403, and
Sec. Sec. 1.1 and 1.421 of the Commission's rules, 47 CFR 1.1 and
1.421, that this FNPRM is adopted.
24. It is further ordered that, pursuant to the authority contained
in sections 4(i), 214, 254, 303(r), and 403 of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), 214, 254, 303(r), and 403, and
Sec. Sec. 1.1 and 1.421 of the Commission's rules, 47 CFR 1.1 and
1.421, notice is hereby given of the proposals and tentative
conclusions described in the FNPRM of Proposed Rulemaking.
25. It is further ordered that pursuant to applicable procedures
set forth in Sec. Sec. 1.415 and 1.419 of the Commission's Rules, 47
CFR 1.415, 1.419, interested parties may file comments on the FNPRM on
or before 30 days from publication of this item in the Federal
Register, and reply comments on or before 45 days from publication of
this item in the Federal Register.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-24395 Filed 11-8-22; 8:45 am]
BILLING CODE 6712-01-P
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