Proposed Rule2023-07563
Comment Sought on Continued Filing of Alaska Plan FCC Form 477 Mobile Deployment Data; Waiver of Interim PR-USVI Mobile Milestone Filing and Information Provided for Final Milestone Filing
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Published
April 11, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunications Bureau (WTB) and Office of Economics and Analytics (OEA) seek comment on the process to continue the filing of mobile deployment data consistent with previous FCC Form 477 filings for mobile participants of the Alaska Plan. The document also provides information from the Wireline Competition Bureau (WCB) for mobile recipients of the Uniendo a Puerto Rico Fund and Connect USVI Fund to file their FCC Form 477 network coverage data as part of their final milestone requirement. In addition, WCB waives the data reporting requirement for the interim milestone for mobile recipients of the Uniendo a Puerto Rico Fund and the Connect USVI Fund.
Full Text
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<title>Federal Register, Volume 88 Issue 69 (Tuesday, April 11, 2023)</title>
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[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21580-21582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07563]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 16-271, 18-143, 19-195; DA 23-259, FR ID 135133]
Comment Sought on Continued Filing of Alaska Plan FCC Form 477
Mobile Deployment Data; Waiver of Interim PR-USVI Mobile Milestone
Filing and Information Provided for Final Milestone Filing
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB)
and Office of Economics and Analytics (OEA) seek comment on the process
to continue the filing of mobile deployment data consistent with
previous FCC Form 477 filings for mobile participants of the Alaska
Plan. The document also provides information from the Wireline
Competition Bureau (WCB) for mobile recipients of the Uniendo a Puerto
Rico Fund and Connect USVI Fund to file their FCC Form 477 network
coverage data as part of their final milestone requirement. In
addition, WCB waives the data reporting requirement for the interim
milestone for mobile recipients of the Uniendo a Puerto Rico Fund and
the Connect USVI Fund.
DATES: Comments are due on or before April 26, 2023, and Reply
Comments are due May 8, 2023. 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.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may file comments and reply comments on or
before the dates indicated on the first page of this document. Comments
may be filed using the Commission's Electronic Comment Filing System
(ECFS).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/filings">https://www.fcc.gov/ecfs/filings</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 this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or
[[Page 21581]]
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.
<bullet> 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.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19.
Comments and reply comments must include a short and concise
summary of the substantive arguments raised in the pleading. Comments
and reply comments must also comply with Sec. 1.49 and all other
applicable sections of the Commission's rules. The Commission directs
all interested parties to include the name of the filing party and the
date of the filing on each page of their comments and reply comments.
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#deb8bdbdebeeea9eb8bdbdf0b9b1a8"><span class="__cf_email__" data-cfemail="7d1b1e1e484d493d1b1e1e531a120b">[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 additional information on the
proceeding, contact Matthew Warner of the Wireless Telecommunications
Bureau, Competition and Infrastructure Policy Division,
<a href="/cdn-cgi/l/email-protection#c0ada1b4b4a8a5b7eeb7a1b2aea5b280a6a3a3eea7afb6"><span class="__cf_email__" data-cfemail="066b6772726e6371287167746863744660656528616970">[email protected]</span></a>, (202) 418-0247; Dangkhoa Nguyen, Wireline
Competition Bureau, Telecommunications Access Policy Division,
<a href="/cdn-cgi/l/email-protection#f094919e979b989f91de9e978589959eb0969393de979f86"><span class="__cf_email__" data-cfemail="a8ccc9c6cfc3c0c7c986c6cfddd1cdc6e8cecbcb86cfc7de">[email protected]</span></a>, (202) 418-7865.
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Public
Notice in WC Docket Nos. 16-271, 18-143, 19-195; DA 23-259, released on
March 27, 2023. The full text of this document is available at the
following internet address: <a href="https://docs.fcc.gov/public/attachments/DA-23-259A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-259A1.pdf</a>.
Ex Parte Rules: 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.
1. In 2022, the Federal Communications Commission (Commission)
instituted the Broadband Data Collection (BDC), which required the
filing of mobile deployment data similar to that collected through FCC
Form 477, though with significant differences. The specified
requirements of the BDC can lead to different coverage area data than
what mobile providers submitted pursuant to FCC Form 477.
2. On December 9, 2022, as a further step in implementing the BDC,
the Commission adopted an order, Form 477 Sunset Order, 87 FR 76949,
December 16, 2022, sunsetting the collection of broadband and mobile
voice deployment data through FCC Form 477. The Commission recognized,
however, that it currently relies upon information from its FCC Form
477 data collection in other contexts, including, among other things,
to assess the deployment of broadband services. Accordingly, the Form
477 Sunset Order (1) delegated authority to WTB and OEA to instruct
mobile participants of the Alaska Plan how to submit coverage data
specific to Alaska after sunsetting FCC Form 477 deployment data, and
(2) delegated authority to WCB to instruct mobile providers that
participate in either the Bringing Puerto Rico Together Fund or the
Connect USVI Fund on how to submit coverage data for Puerto Rico and
USVI, respectively.
3. Alaska Plan. WTB and OEA propose to require mobile participants
in the Alaska Plan to file deployment data consistent with FCC Form 477
and seek comment on the proposal. The Alaska Plan Order, 81 FR 69696,
October 7, 2016, required mobile provider participants of the Alaska
Plan to submit performance plans in 2016, with commitments due in 2021
and 2026. These original performance plans and any revised plans
approved by WTB were based on mobile coverage consistent with the FCC
Form 477 requirements. The propagation models and the speeds in these
approved performance plans often do not align with BDC requirements.
Continued filing of deployment data under the previous FCC Form 477
instructions will allow for like comparisons to the previous deployment
data on which Alaska Plan mobile providers based their commitments. WTB
and OEA believe such data are, therefore, essential for understanding
whether providers met their commitments.
4. WTB and OEA propose that all mobile participants in the Alaska
Plan file deployment data consistent with FCC Form 477 instructions.
Mobile Alaska Plan participants would file these deployment data
annually until March 1, 2028. These data will allow like comparisons to
continue throughout the ten-year Alaska Plan, with an additional year
of data after the final commitment. The data would be submitted through
the BDC special collections portal. For the first year, data
representing December 2022 would be due by June 30, 2023. Subsequently,
the FCC Form 477-based data would be due March 1 of each year. WTB and
OEA seek comment on the proposal.
5. WCB requires Stage 2 mobile recipients of the Uniendo a Puerto
Rico Fund and the Connect USVI Fund to file FCC Form 477 network
deployment data for their final 100% network coverage area data
submission in the BDC special collections portal. WCB also waives, on
its own motion, the requirement for mobile providers receiving support
to resubmit interim milestone reports demonstrating 66% mobile network
coverage area.
6. In 2017, Hurricanes Irma and Maria caused massive devastation to
Puerto Rico (PR) and the United States Virgin
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Islands (USVI). In response, the Commission created the Uniendo a
Puerto Rico Fund and the Connect USVI Fund. As part of Stage 2 of those
Funds, the Commission has authorized approximately $385.9 million in
universal service support to facilitate and harden deployment of
advanced broadband networks. More than $250 million of this funding was
dedicated to mobile broadband restoration, hardening, and improvement
over a three-year period. Specifically as to mobile support recipients,
the Commission required, as a condition of support, that providers meet
interim and final network coverage area milestones. At the end of the
three-year term of support, each mobile support recipient must have
restored its mobile network coverage to an area that is equal to or
greater than 100% of the pre-hurricane network coverage area when
compared with its June 2017 FCC Form 477 coverage data.
7. In the 2019 PR USVI Order, 84 FR 59937, November 7, 2019, the
Commission provided that the filing of coverage data pursuant to FCC
Form 477 instructions is essential for like comparisons to assess
whether providers fulfilled this requirement. The Commission required
PR/USVI Fund mobile recipients to file FCC Form 477 network deployment
data for their final 100% network coverage area data submission. The
deadline for mobile providers to file their final 100% network coverage
area data submission is January 30, 2024. As directed by the
Commission, the final network coverage area report would be based on
FCC Form 477 data and shall reflect the network coverage area for a
provider as of the end of its three-year Stage 2 support term.
Providers shall file consistent with previous FCC Form 477
instructions, submitting through the BDC special collections portal
utilizing the data specifications released by the Bureau.
8. While WCB is committed to ensuring the full restoration of
mobile networks to their pre-hurricane coverage areas, it takes this
opportunity to waive, on its own motion, the interim milestone report
for mobile providers receiving support to demonstrate 66% mobile
network coverage area for the Uniendo a Puerto Rico Fund and the
Connect USVI Fund. WCB finds this waiver for the filing of the network
coverage report to be warranted and in the public interest based on the
Commission's receipt of FCC Form 477 reporting data, which were
submitted and certified by mobile providers subject to the interim
milestone report. An analysis comparing FCC Form 477 data for June 2017
and subsequent filing periods from PR and USVI mobile providers
verified that each provider has restored more than 66% of its network
coverage area that existed prior to the 2017 hurricanes, thus meeting
the interim milestone under Sec. 54.1514(a) of the Commission's rules.
WCB concludes that limiting the burden on providers and not requiring
them to expend their resources to resubmit FCC Form 477 data already in
the Commission's possession is in the public interest.
9. While WCB finds a waiver of the 66% interim milestone report is
warranted, WCB maintains the Commission's requirement for ensuring
mobile providers meet their network performance commitments and their
final 100% network coverage area milestone reports and certifications.
In a separate public notice, WCB and OEA will provide instructions
regarding the reporting of drive, drone, and/or scattered site test
data for network coverage and reporting of network performance as part
of the final 100% milestone report.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-07563 Filed 4-10-23; 8:45 am]
BILLING CODE 6712-01-P
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