Federal Register, Volume 85 Issue 128 (Thursday, July 2, 2020)

[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Proposed Rules]
[Pages 39859-39868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13950]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 19-250 and RM-11849; FCC 20-75; FRS 16875]

Accelerating Wireless and Wireline Broadband Deployment by
Removing Barriers to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission (``Commission'' or
``FCC'') proposes rule changes that would allow applicants to excavate
or deploy wireless facilities outside the boundaries of an existing
tower site. The Commission proposes to revise the definition of
``site'' in the Commission's rules to make clear that ``site'' refers
to the boundary of the leased or owned property surrounding the tower
and any access or utility easements currently related to the site as of
the date that the facility was last reviewed and approved by a
locality. The Commission also proposes to amend its rules so that a
modification of an existing facility that entails ground excavation or
deployment of up to 30 feet in any direction outside the facility's
site will be eligible for streamlined processing under the Spectrum
Act. The Notice of Proposed Rulemaking (NPRM) also seeks comment on
whether the Commission should adopt a different definition of ``site''
than the one proposed.

DATES: Interested parties may file comments on or before July 22, 2020,
and reply comments on or before August 3, 2020.

ADDRESSES: 445 12th Street SW, Washington, DC 20554. 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 on this
proceeding, contact Paul D'Ari, Paul.DAri@fcc.gov, of the Wireless
Telecommunications Bureau, Competition & Infrastructure Policy
Division, (202) 418-1150.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in WT Docket No. 19-250 and RM-11849,
adopted on June 9, 2020, and released on June 10, 2020. The document is
available for download at https://www.fcc.gov/edocs. To request
materials in accessible formats for people with disabilities (Braille,
large print, electronic files, audio format), send an email to
FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
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 on
the first page of this document. 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).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
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.
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.
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 445 12th Street SW, 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). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.

[[Page 39860]]

People with Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
Ex Parte Procedures: The proceeding this NPRM initiates shall be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. See 47 CFR 1.1200 et seq. 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.

Synopsis

1. In the NPRM, the Commission seeks comment on whether changes to
its rules regarding excavation outside the boundaries of an existing
tower site, including the definition of the boundaries of a tower
``site,'' would advance the objectives of Section 6409(a).

I. Notice of Proposed Rulemaking

2. Section 1.6100(b)(7)(iv) provides that ``[a] modification
substantially changes the physical dimensions of an eligible support
structure if . . . [i]t entails any excavation or deployment outside
the current site[.]'' In other words, a proposed modification that
entails any excavation or deployment outside the current site of a
tower or base station is not eligible for Section 6409(a)'s streamlined
procedures. Section 1.6100(b)(6) defines ``site'' for towers outside of
the public rights-of-way as ``the current boundaries of the leased or
owned property surrounding the tower and any access or utility
easements currently related to the site, and, for other eligible
support structures, further restricted to that area in proximity to the
structure and to other transmission equipment already deployed on the
ground.''
3. In its Petition for Declaratory Ruling, WIA requests that the
Commission clarify that ``current site,'' for purposes of Section
1.6100(b)(7)(iv), is the currently leased or owned compound area.
Industry commenters argue that current ``site'' means the property
leased or owned by the applicant at the time it submits an application
to make a qualifying modification under Section 6409(a). Industry
commenters state that their proposed clarification merely affirms the
plain meaning of the rule. They assert that such clarification is
needed because many local governments interpret Section 1.6100(b)(6) as
referring to the original site and wrongly claim that a modification is
not entitled to Section 6409(a) if it entails any deployment outside of
those original boundaries.
4. WIA's Petition for Rulemaking also requests that the Commission
amend its rules to establish that a modification would not cause a
``substantial change'' if it entails excavation or facility deployments
at locations of up to 30 feet in any direction outside the boundaries
of a macro tower compound. Industry commenters contend that it is often
difficult to collocate transmission equipment on existing macro towers
without expanding the compounds surrounding those towers in order to
deploy additional equipment sheds or cabinets on the ground. They argue
that such deployments are becoming increasingly necessary to house
multiple carriers' facilities on towers built in the past to support
the needs of a single carrier and to facilitate the extensive network
densification needed for rapid 5G deployment. WIA states that this
proposal is consistent with the Wireless Facilities Nationwide
Programmatic Agreement, which excludes from Section 106 historic
preservation review ``the construction of a replacement for any
existing communications tower'' that, inter alia, ``does not expand the
boundaries of the leased or owned property surrounding the tower by
more than 30 feet in any direction or involve excavation outside these
expanded boundaries or outside any existing access or utility easement
related to the site.''
5. Local governments argue that the definition of ``site'' should
not be interpreted to mean the applicant's leased or owned property on
the date it submits its eligible facilities request. They assert that
this interpretation would permit providers to expand the boundaries of
a site without review and approval by a local government by entering
into leases that increase the area of a site after the locality's
initial review. NLC argues that it would lead to ``extensive bypassing
of local review for property uses not previously reviewed and approved
to support wireless equipment.'' Localities also generally oppose the
compound expansion proposal because they argue that excavation of up to
30 feet beyond a tower's current site cannot be considered
insubstantial. Moreover, several cities argue that the Commission
considered and rejected this proposal in the 2014 Infrastructure Order
and that circumstances have not changed that would warrant a policy
reversal.
6. In light of the different approaches recommended by the industry
and localities, the Commission seeks comment on whether it should
revise its rules to resolve these issues and, if so, in what manner. In
particular, the Commission proposes to revise the definition of
``site'' in Section 1.6100(b)(6) to make clear that ``site'' refers to
the boundary of the leased or owned property surrounding the tower and
any access or utility easements currently related to the site as of the
date that the facility was last reviewed and approved by a locality.
The Commission further proposes to amend Section 1.6100(b)(7)(iv) so
that modification of an existing facility that entails ground
excavation or deployment of up to 30 feet in any direction outside the
facility's site will be eligible for streamlined processing under
Section 6409(a).
7. Alternatively, the Commission seeks comment on whether it should
revise the definition of site in Section 1.6100(b)(6), as proposed
above, without making the proposed change to Section

[[Page 39861]]

1.6100(b)(7)(iv) for excavation or deployment of up to 30 feet outside
the site. As another option, the Commission seeks comment on whether to
define site in Section 1.6100(b)(6) as the boundary of the leased or
owned property surrounding the tower and any access or utility
easements related to the site as of the date an applicant submits a
modification request. Commenters should describe the costs and benefits
of these approaches, as well as any other alternatives that they
discuss in comments, and provide quantitative estimates as appropriate.

II. Procedural Matters

A. Initial Regulatory Flexibility Analysis

8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities of the policies and rules
proposed in this Notice of Proposed Rulemaking (NPRM). 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
provided on the first page of the NPRM. The Commission will send a copy
of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA). In addition, the NPRM and IRFA
(or summaries thereof) will be published in the Federal Register.
a. Need for, and Objectives of, the Proposed Rules
9. The NPRM proposes to revise the definition of ``site'' in
Section 1.6100(b)(6) to make clear that ``site'' refers to the boundary
of the leased or owned property surrounding the tower and any access or
utility easements related to the site as of the date the facility was
last reviewed and approved by a locality. It also proposes to amend
Section 1.6100(b)(7)(iv) to allow for streamlined procedures under the
Section 6409 of the Commission's rules to cover modifications to an
existing facility that entail ground excavation or deployment of up to
30 feet in any direction outside the boundary of the site.
10. The NPRM seeks comment on whether the Commission should revise
the definition of ``site'' in Section 1.6100(b)(6) without making the
proposed change for excavation or deployment of up to 30 feet outside
the boundary of the site. The NPRM also seeks comment on an alternative
definition--whether to define ``site'' in Section 1.6100(b)(6) as the
boundary of the leased or owned property surrounding the tower and any
access or utility easements related to the site as of the date an
applicant submits a modification request. Finally, the NPRM asks
commenters to describe the costs and benefits of each approach, as well
as any other alternatives, and quantitative estimates as appropriate.
11. Section 1.6100(b)(7)(iv) of the Commission's rules provides
that ``a modification substantially changes the physical dimensions of
an eligible support structure if . . . [i]t entails any excavation or
deployment outside the current site[.]'' Accordingly, a proposed
modification that entails any excavation outside the current site of a
tower or base station is not eligible for streamlined approval by State
or local governments under Section 6409(a). Section 1.6100(b)(6)
defines ``site'' for towers outside of the public rights-of-way as
``the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to the
site, and, for other eligible support structures, further restricted to
that area in proximity to the structure and to other transmission
equipment already deployed on the ground.''
12. Industry commenters argue that current ``site'' means the
property leased or owned by the applicant at the time it submits an
application to make a qualifying modification under Section 6409(a).
Industry commenters state that their proposed clarification merely
affirms the plain meaning of the rule. They state that such
clarification is needed, because many local governments interpret
Section 1.6100(b)(6) as referring to the original site and wrongly
claim that a modification is not entitled to Section 6409(a) if it
entails any deployment outside of those original boundaries. Local
governments oppose WIA's interpretation, saying it would permit
providers to expand the boundaries of a site without review and
approval by a local government by entering into leases that increase
the area of a site after the locality's initial review.
13. Section 1.6100(b)(7)(iv) provides that ``a modification
substantially changes the physical dimensions of an eligible support
structure if . . . [i]t entails any excavation or deployment outside
the current site[.]'' However ``site'' is defined, a proposed
modification is not eligible for streamlined processing under Section
6409(a) if it is on a tower outside a right-of-way and involves
excavation outside the site. WIA and other industry commenters urge the
Commission to amend this rule so that ``excavation or facility
deployments at locations up to 30 feet in any direction outside the
current boundaries of a macro tower compound'' would not constitute a
substantial change in the physical dimensions.
14. Industry commenters contend that it is often difficult to
collocate transmission equipment on existing macro towers without
expanding the compounds surrounding those towers in order to deploy
additional equipment sheds or cabinets on the ground. They argue that
such deployments are becoming increasingly necessary to house multiple
carriers' facilities on towers built in the past to support the needs
of a single carrier and to facilitate the extensive network
densification needed for rapid 5G deployment. In contrast, local
governments generally oppose the compound expansion proposal arguing
that excavation of up to a 30-feet beyond a tower's current site cannot
be considered insubstantial. Moreover, several cities argue that the
Commission considered and rejected this proposal in the 2014
Infrastructure Order and that circumstances have not changed that would
warrant a policy reversal.
b. Legal Basis
15. The proposed action is authorized pursuant to Sections 1, 4(i)-
(j), 7, 201, 253, 301, 303, 309, 319, and 332 of the Communications Act
of 1934, as amended, and Section 6409 of the Middle Class Tax Relief
and Job Creation Act of 2012, as amended, 47 U.S.C. 151, 154(i)-(j),
157, 201, 253, 301, 303, 309, 319, 332, 1455.
c. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
16. 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 and policies, 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.
17. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions,

[[Page 39862]]

over time, may affect small entities that are not easily categorized at
present. The Commission therefore describes here, at the outset, three
broad groups of small entities that could be directly affected herein.
First, while there are industry specific size standards for small
businesses that are used in the regulatory flexibility analysis,
according to data from the 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 30.7 million businesses.
18. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2018, there were
approximately 571,709 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
19. 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, the Commission
estimates that at least 48,971 entities fall into the category of
``small governmental jurisdictions.''
20. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms employed fewer
than 1,000 employees and 12 firms employed of 1,000 employees or more.
Thus under this category and the associated size standard, the
Commission estimates that the majority of Wireless Telecommunications
Carriers (except Satellite) are small entities.
21. The Commission's own data--available in its Universal Licensing
System--indicate that, as of August 31, 2018 there are 265 Cellular
licensees that will be affected by the Commission's actions. The
Commission does not know how many of these licensees are small, as the
Commission does not collect that information for these types of
entities. Similarly, according to internally developed Commission data,
413 carriers reported that they were engaged in the provision of
wireless telephony, including cellular service, Personal Communications
Service (PCS), and Specialized Mobile Radio (SMR) Telephony services.
Of this total, an estimated 261 have 1,500 or fewer employees, and 152
have more than 1,500 employees. Thus, using available data, the
Commission estimates that the majority of wireless firms can be
considered small.
22. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of establishments primarily
engaged in providing specialized telecommunications services, such as
satellite tracking, communications telemetry, and radar station
operation. This industry also includes establishments primarily engaged
in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of
transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Establishments providing internet services or
voice over internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry. The
SBA has developed a small business size standard for ``All Other
Telecommunications'', which consists of all such firms with annual
receipts of $35 million or less. For this category, U.S. Census Bureau
data for 2012 show that there were 1,442 firms that operated for the
entire year. Of those firms, a total of 1,400 had annual receipts less
than $25 million and 15 firms had annual receipts of $25 million to
$49,999,999. Thus, the Commission estimates that the majority of ``All
Other Telecommunications'' firms potentially affected by the
Commission's action can be considered small.
23. Fixed Microwave Services. Microwave services include common
carrier, private-operational fixed, and broadcast auxiliary radio
services. They also include the Upper Microwave Flexible Use Service,
Millimeter Wave Service, Local Multipoint Distribution Service (LMDS),
the Digital Electronic Message Service (DEMS), and the 24 GHz Service,
where licensees can choose between common carrier and non-common
carrier status. There are approximately 66,680 common carrier fixed
licensees, 69,360 private and public safety operational-fixed
licensees, 20,150 broadcast auxiliary radio licensees, 411 LMDS
licenses, 33 24 GHz DEMS licenses, 777 39 GHz licenses, and five 24 GHz
licenses, and 467 Millimeter Wave licenses in the microwave services.
The Commission has not yet defined a small business with respect to
microwave services. The closest applicable SBA category is Wireless
Telecommunications Carriers (except Satellite) and the appropriate size
standard for this category under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees and 12 had employment of 1000 employees or
more. Thus under this SBA category and the associated size standard,
the Commission estimates that a majority of fixed microwave service
licensees can be considered small.
24. The Commission does not have data specifying the number of
these licensees that have more than 1,500 employees, and thus is unable
at this time to estimate with greater precision the number of fixed
microwave service licensees that would qualify as small business
concerns under the SBA's small business size standard. Consequently,
the Commission estimates that there are up to 36,708 common carrier
fixed licensees and up to 59,291 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services that
may be small and may be affected by the rules and policies discussed
herein. The Commission notes, however, that the microwave fixed
licensee category includes some large entities.
25. FM Translator Stations and Low Power FM Stations. FM
translators and Low Power FM Stations are classified in the category of
Radio Stations and are

[[Page 39863]]

assigned the same NAICs Code as licensees of radio stations. This U.S.
industry, Radio Stations, comprises establishments primarily engaged in
broadcasting aural programs by radio to the public. Programming may
originate in their own studio, from an affiliated network, or from
external sources. The SBA has established a small business size
standard which consists of all radio stations whose annual receipts are
$41.5 million dollars or less. U.S. Census Bureau data for 2012
indicate that 2,849 radio station firms operated during that year. Of
that number, 2,806 operated with annual receipts of less than $25
million per year, 17 with annual receipts between $25 million and
$49,999,999 million and 26 with annual receipts of $50 million or more.
Therefore, based on the SBA's size standard the Commission concludes
that the majority of FM Translator Stations and Low Power FM Stations
are small.
26. Location and Monitoring Service (LMS). LMS systems use non-
voice radio techniques to determine the location and status of mobile
radio units. For purposes of auctioning LMS licenses, the Commission
has defined a ``small business'' as an entity that, together with
controlling interests and affiliates, has average annual gross revenues
for the preceding three years not to exceed $15 million. A ``very small
business'' is defined as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the
preceding three years not to exceed $3 million. These definitions have
been approved by the SBA. An auction for LMS licenses commenced on
February 23, 1999 and closed on March 5, 1999. Of the 528 licenses
auctioned, 289 licenses were sold to four small businesses.
27. Multichannel Video Distribution and Data Service (MVDDS). MVDDS
is a terrestrial fixed microwave service operating in the 12.2-12.7 GHz
band. The Commission adopted criteria for defining three groups of
small businesses for purposes of determining their eligibility for
special provisions such as bidding credits. It defined a very small
business as an entity with average annual gross revenues not exceeding
$3 million for the preceding three years; a small business as an entity
with average annual gross revenues not exceeding $15 million for the
preceding three years; and an entrepreneur as an entity with average
annual gross revenues not exceeding $40 million for the preceding three
years. These definitions were approved by the SBA. On January 27, 2004,
the Commission completed an auction of 214 MVDDS licenses (Auction No.
53). In this auction, ten winning bidders won a total of 192 MVDDS
licenses. Eight of the ten winning bidders claimed small business
status and won 144 of the licenses. The Commission also held an auction
of MVDDS licenses on December 7, 2005 (Auction 63). Of the three
winning bidders who won 22 licenses, two winning bidders, winning 21 of
the licenses, claimed small business status.
28. Multiple Address Systems. Entities using Multiple Address
Systems (MAS) spectrum, in general, fall into two categories: (1) Those
using the spectrum for profit-based uses, and (2) those using the
spectrum for private internal uses. With respect to the first category,
Profit-based Spectrum use, the size standards established by the
Commission define ``small entity'' for MAS licensees as an entity that
has average annual gross revenues of less than $15 million over the
three previous calendar years. A ``Very small business'' is defined as
an entity that, together with its affiliates, has average annual gross
revenues of not more than $3 million over the preceding three calendar
years. The SBA has approved these definitions. The majority of MAS
operators are licensed in bands where the Commission has implemented a
geographic area licensing approach that requires the use of competitive
bidding procedures to resolve mutually exclusive applications.
29. The Commission's licensing database indicates that, as of April
16, 2010, there were a total of 11,653 site-based MAS station
authorizations. Of these, 58 authorizations were associated with common
carrier service. In addition, the Commission's licensing database
indicates that, as of April 16, 2010, there were a total of 3,330
Economic Area market area MAS authorizations. The Commission's
licensing database also indicates that, as of April 16, 2010, of the
11,653 total MAS station authorizations, 10,773 authorizations were for
private radio service. In 2001, an auction for 5,104 MAS licenses in
176 EAs was conducted. Seven winning bidders claimed status as small or
very small businesses and won 611 licenses. In 2005, the Commission
completed an auction (Auction 59) of 4,226 MAS licenses in the Fixed
Microwave Services from the 928/959 and 932/941 MHz bands. Twenty-six
winning bidders won a total of 2,323 licenses. Of the 26 winning
bidders in this auction, five claimed small business status and won
1,891 licenses.
30. With respect to the second category, Internal Private Spectrum
use consists of entities that use, or seek to use, MAS spectrum to
accommodate their own internal communications needs, MAS serves an
essential role in a range of industrial, safety, business, and land
transportation activities. MAS radios are used by companies of all
sizes, operating in virtually all U.S. business categories, and by all
types of public safety entities. For the majority of private internal
users, the definition developed by the SBA would be more appropriate
than the Commission's definition. The closest applicable definition of
a small entity is the ``Wireless Telecommunications Carriers (except
Satellite)'' definition under the SBA size standards. The appropriate
size standard under SBA rules is that such a business is small if it
has 1,500 or fewer employees. For this category, U.S. Census Bureau
data for 2012 show that there were 967 firms that operated for the
entire year. Of this total, 955 firms had employment of 999 or fewer
employees and 12 had employment of 1000 employees or more. Thus, under
this category and the associated small business size standard, the
Commission estimates that the majority of firms that may be affected by
the Commission's action can be considered small.
31. Non-Licensee Owners of Towers and Other Infrastructure.
Although at one time most communications towers were owned by the
licensee using the tower to provide communications service, many towers
are now owned by third-party businesses that do not provide
communications services themselves but lease space on their towers to
other companies that provide communications services. The Commission's
rules require that any entity, including a non-licensee, proposing to
construct a tower over 200 feet in height or within the glide slope of
an airport must register the tower with the Commission's Antenna
Structure Registration (``ASR'') system and comply with applicable
rules regarding review for impact on the environment and historic
properties.
32. As of March 1, 2017, the ASR database includes approximately
122,157 registration records reflecting a ``Constructed'' status and
13,987 registration records reflecting a ``Granted, Not Constructed''
status. These figures include both towers registered to licensees and
towers registered to non-licensee tower owners. The Commission does not
keep information from which the Commission can easily determine how
many of these towers are registered to non-licensees or how many non-
licensees have registered towers. Regarding towers that do not require
ASR registration, the Commission does not collect information as to the
number

[[Page 39864]]

of such towers in use and therefore cannot estimate the number of tower
owners that would be subject to the rules on which the Commission seeks
comment. Moreover, the SBA has not developed a size standard for small
businesses in the category ``Tower Owners.'' Therefore, the Commission
is unable to determine the number of non-licensee tower owners that are
small entities. The Commission believes, however, that when all
entities owning 10 or fewer towers and leasing space for collocation
are included, non-licensee tower owners number in the thousands. In
addition, there may be other non-licensee owners of other wireless
infrastructure, including Distributed Antenna Systems (DAS) and small
cells that might be affected by the measures on which the Commission
seeks comment. The Commission does not have any basis for estimating
the number of such non-licensee owners that are small entities.
33. The closest applicable SBA category is All Other
Telecommunications, and the appropriate size standard consists of all
such firms with gross annual receipts of $38 million or less. For this
category, U.S. Census Bureau data for 2012 show that there were 1,442
firms that operated for the entire year. Of these firms, a total of
1,400 had gross annual receipts of less than $25 million and 15 firms
had annual receipts of $25 million to $49,999,999. Thus, under this SBA
size standard a majority of the firms potentially affected by the
Commission's action can be considered small.
34. Personal Radio Services. Personal radio services provide short-
range, low-power radio for personal communications, radio signaling,
and business communications not provided for in other services.
Personal radio services include services operating in spectrum licensed
under Part 95 of the Commission's rules. These services include Citizen
Band Radio Service, General Mobile Radio Service, Radio Control Radio
Service, Family Radio Service, Wireless Medical Telemetry Service,
Medical Implant Communications Service, Low Power Radio Service, and
Multi-Use Radio Service. There are a variety of methods used to license
the spectrum in these rule parts, from licensing by rule, to
conditioning operation on successful completion of a required test, to
site-based licensing, to geographic area licensing. All such entities
in this category are wireless, therefore the Commission applies the
definition of Wireless Telecommunications Carriers (except Satellite),
pursuant to which the SBA's small entity size standard is defined as
those entities employing 1,500 or fewer persons. For this industry,
U.S. Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees and 12 had employment of 1,000 employees or
more. Thus under this category and the associated size standard, the
Commission estimates that the majority of firms can be considered
small. The Commission notes however, that many of the licensees in this
category are individuals and not small entities. In addition, due to
the mostly unlicensed and shared nature of the spectrum utilized in
many of these services, the Commission lacks direct information upon
which to base an estimation of the number of small entities that may be
affected by the Commission's actions in this proceeding.
35. Private Land Mobile Radio Licensees. Private land mobile radio
(PLMR) systems serve an essential role in a vast range of industrial,
business, land transportation, and public safety activities. Companies
of all sizes operating in all U.S. business categories use these
radios. Because of the vast array of PLMR users, the Commission has not
developed a small business size standard specifically applicable to
PLMR users. The closest applicable SBA category is Wireless
Telecommunications Carriers (except Satellite) which encompasses
business entities engaged in radiotelephone communications. The
appropriate size standard for this category under SBA rules is that
such a business is small if it has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for 2012 show that there were 967
firms that operated for the entire year. Of this total, 955 firms had
employment of 999 or fewer employees and 12 had employment of 1,000
employees or more. Thus, under this category and the associated size
standard, the Commission estimates that the majority of PLMR Licensees
are small entities.
36. According to the Commission's records, a total of approximately
400,622 licenses comprise PLMR users. Of this number there are a total
of approximately 3,174 PLMR licenses in the 4.9 GHz band; 29,187 PLMR
licenses in the 800 MHz band; and 3,374 licenses in the frequencies
range 173.225 MHz to 173.375 MHz. The Commission does not require PLMR
licensees to disclose information about number of employees, and does
not have information that could be used to determine how many PLMR
licensees constitute small entities under this definition. The
Commission however believes that a substantial number of PLMR licensees
may be small entities despite the lack of specific information.
37. Public Safety Radio Licensees. As a general matter, Public
Safety Radio Pool licensees include police, fire, local government,
forestry conservation, highway maintenance, and emergency medical
services. Because of the vast array of public safety licensees, the
Commission has not developed a small business size standard
specifically applicable to public safety licensees. The closest
applicable SBA category is Wireless Telecommunications Carriers (except
Satellite) which encompasses business entities engaged in
radiotelephone communications. The appropriate size standard for this
category under SBA rules is that such a business is small if it has
1,500 or fewer employees. For this industry, U.S. Census data for 2012
show that there were 967 firms that operated for the entire year. Of
this total, 955 firms had employment of 999 or fewer employees and 12
had employment of 1,000 employees or more. Thus, under this category
and the associated size standard, the Commission estimates that the
majority of firms can be considered small. With respect to local
governments, in particular, since many governmental entities comprise
the licensees for these services, the Commission includes under public
safety services the number of government entities affected. According
to Commission records, there are a total of approximately 133,870
licenses within these services. There are 3.121 licenses in the 4.9 GHz
band, based on an FCC Universal Licensing System search of March 29,
2017. The Commission estimates that fewer than 2,442 public safety
radio licensees hold these licenses because certain entities may have
multiple licenses.
38. Radio Stations. This Economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public. Programming may originate in their own studio,
from an affiliated network, or from external sources.'' The SBA has
established a small business size standard for this category as firms
having $41.5 million or less in annual receipts. U.S. Census Bureau
data for 2012 show that 2,849 radio station firms operated during that
year. Of that number, 2,806 firms operated with annual receipts of less
than $25 million per year and 17 with annual receipts between $25
million and $49,999,999 million. Therefore, based on the SBA's size
standard the majority of such entities are small entities.

[[Page 39865]]

39. According to Commission staff review of the BIA/Kelsey, LLC's
Media Access Pro Radio Database as of January 2018, about 11,261 (or
about 99.9 percent) of 11,383 commercial radio stations had revenues of
$38.5 million or less and thus qualify as small entities under the SBA
definition. The Commission has estimated the number of licensed
commercial AM radio stations to be 4,580 stations and the number of
commercial FM radio stations to be 6,726, for a total number of 11,306.
The Commission notes it has also estimated the number of licensed
noncommercial (NCE) FM radio stations to be 4,172. Nevertheless, the
Commission does not compile and otherwise does not have access to
information on the revenue of NCE stations that would permit it to
determine how many such stations would qualify as small entities.
40. The Commission also notes, that in assessing whether a business
entity qualifies as small under the above definition, business control
affiliations must be included. The Commission's estimate therefore
likely overstates the number of small entities that might be affected
by its action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
to be determined a ``small business,'' an entity may not be dominant in
its field of operation. The Commission further notes that it is
difficult at times to assess these criteria in the context of media
entities, and the estimate of small businesses to which these rules may
apply does not exclude any radio station from the definition of a small
business on these basis, thus the Commission's estimate of small
businesses may therefore be over-inclusive. Also, as noted above, an
additional element of the definition of ``small business'' is that the
entity must be independently owned and operated. The Commission notes
that it is difficult at times to assess these criteria in the context
of media entities and the estimates of small businesses to which they
apply may be over-inclusive to this extent.
41. Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
the Commission estimates that the majority of satellite
telecommunications providers are small entities.
42. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound.'' These establishments operate television
broadcast studios and facilities for the programming and transmission
of programs to the public. These establishments also produce or
transmit visual programming to affiliated broadcast television
stations, which in turn broadcast the programs to the public on a
predetermined schedule. Programming may originate in their own studio,
from an affiliated network, or from external sources. The SBA has
created the following small business size standard for such businesses:
Those having $41.5 million or less in annual receipts. The 2012
Economic Census reports that 751 firms in this category operated in
that year. Of that number, 656 had annual receipts of $25,000,000 or
less, and 25 had annual receipts between $25,000,000 and $49,999,999.
Based on this data the Commission therefore estimates that the majority
of commercial television broadcasters are small entities under the
applicable SBA size standard.
43. The Commission has estimated the number of licensed commercial
television stations to be 1,377. Of this total, 1,258 stations (or
about 91 percent) had revenues of $38.5 million or less, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on November 16, 2017, and therefore these
licensees qualify as small entities under the SBA definition. In
addition, the Commission has estimated the number of licensed
noncommercial educational television stations to be 384.
Notwithstanding, the Commission does not compile and otherwise does not
have access to information on the revenue of NCE stations that would
permit it to determine how many such stations would qualify as small
entities. There are also 2,300 low power television stations, including
Class A stations (LPTV) and 3,681 TV translator stations. Given the
nature of these services, the Commission will presume that all of these
entities qualify as small entities under the above SBA small business
size standard.
44. The Commission notes, however, that in assessing whether a
business concern qualifies as ``small'' under the above definition,
business (control) affiliations must be included. The Commission's
estimate, therefore likely overstates the number of small entities that
might be affected by its action, because the revenue figure on which it
is based does not include or aggregate revenues from affiliated
companies. In addition, another element of the definition of ``small
business'' requires that an entity not be dominant in its field of
operation. The Commission is unable at this time to define or quantify
the criteria that would establish whether a specific television
broadcast station is dominant in its field of operation. Accordingly,
the estimate of small businesses to which rules may apply does not
exclude any television station from the definition of a small business
on this basis and is therefore possibly over-inclusive. Also, as noted
above, an additional element of the definition of ``small business'' is
that the entity must be independently owned and operated. The
Commission notes that it is difficult at times to assess these criteria
in the context of media entities and its estimates of small businesses
to which they apply may be over-inclusive to this extent.
45. 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)).
46. BRS--In connection with the 1996 BRS auction, the Commission
established a small business size standard as an entity that had annual
average gross revenues of no more than $40 million in the previous
three calendar years. The BRS auctions resulted in 67 successful
bidders obtaining licensing opportunities for 493 Basic Trading Areas
(BTAs). Of the 67 auction winners, 61 met the definition of a small
business. BRS also includes licensees of stations authorized prior to
the auction. At this time, the Commission estimates that of the 61
small business BRS auction winners, 48 remain small business licensees.
In addition to the 48 small businesses that hold BTA authorizations,
there are

[[Page 39866]]

approximately 86 incumbent BRS licensees that are considered small
entities (18 incumbent BRS licensees do not meet the small business
size standard). After adding the number of small business auction
licensees to the number of incumbent licensees not already counted,
there are currently approximately 133 BRS licensees that are defined as
small businesses under either the SBA or the Commission's rules.
47. In 2009, the Commission conducted Auction 86, the sale of 78
licenses in the BRS areas. The Commission offered three levels of
bidding credits: (i) A bidder with attributed average annual gross
revenues that exceed $15 million and do not exceed $40 million for the
preceding three years (small business) received a 15 percent discount
on its winning bid; (ii) a bidder with attributed average annual gross
revenues that exceed $3 million and do not exceed $15 million for the
preceding three years (very small business) received a 25 percent
discount on its winning bid; and (iii) a bidder with attributed average
annual gross revenues that do not exceed $3 million for the preceding
three years (entrepreneur) received a 35 percent discount on its
winning bid. Auction 86 concluded in 2009 with the sale of 61 licenses.
Of the ten winning bidders, two bidders that claimed small business
status won 4 licenses; one bidder that claimed very small business
status won three licenses; and two bidders that claimed entrepreneur
status won six licenses.
48. EBS--Educational Broadband Service has been included within the
broad economic census category and SBA size standard for Wired
Telecommunications Carriers since 2007. Wired Telecommunications
Carriers are comprised of establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA's small business size standard for this
category is all such firms having 1,500 or fewer employees. U.S. Census
Bureau data for 2012 show that there were 3,117 firms that operated
that year. Of this total, 3,083 operated with fewer than 1,000
employees. Thus, under this size standard, the majority of firms in
this industry can be considered small. In addition to U.S. Census
Bureau data, the Commission's Universal Licensing System indicates that
as of October 2014, there are 2,206 active EBS licenses. The Commission
estimates that of these 2,206 licenses, the majority are held by non-
profit educational institutions and school districts, which are by
statute defined as small businesses.
d. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
49. The excavation or deployment boundaries of an eligible
facilities request poses significant policy implications associated
with the Commission's Section 6409(a) rules. The Commission anticipates
that any rule changes that result from the NPRM will provide certainty
for providers, state and local governments, and other entities
interpreting the Section 6409(a) rules. In the NPRM, the Commission
seeks comment on changes to its rules regarding the definition of a
``site'' surrounding a tower, as well as streamlined treatment pursuant
to the Section 6409 rules for an excavation or deployments outside the
boundaries of an existing tower site. The Commission does not believe
that its resolution of these matters will create any new reporting,
recordkeeping, or other compliance requirements for small entities or
others that will be impacted by this decision.
50. Specifically, the Commission proposes to amend the definition
of the term ``site'' in Section 1.6100(b)(6) to make clear that
``site'' refers to the current boundary of the leased or owned property
surrounding the tower and any access or utility easements currently
related to the site on the date the facility was last reviewed and
approved by a locality. In addition, the Commission proposes to change
its rules to allow streamlined treatment under the Section 6409 rules
for ``compound expansions'' (i.e., excavation or facility deployments
outside the current boundaries of a macro tower compound) of up to 30
feet in any direction outside the boundary of a site. This change to
the existing rule, which was requested by industry commenters, is
opposed by state and local government jurisdictions, and was previously
considered but not adopted by the Commission in the 2014 Infrastructure
Order. The NPRM also seeks comment on whether to revise the definition
of ``site'' without making the proposed change to allow for excavation
or deployment of up to 30 feet outside the site. It seeks further
comment on whether to define site in Section 1.6100(b)(6) as the
boundary of the leased or owned property surrounding the tower and any
access or utility easements related to the site as of the date an
applicant submits a modification request.
51. The Commission does not anticipate rule changes resulting from
the NPRM to cause any new recordkeeping, reporting, or compliance
requirements for entities preparing eligible facilities requests under
Section 6409(a) because entities are required to submit construction
proposals outlining the work to be done regardless of whether the
project qualifies as an eligible facilities request under Section
6409(a). Additionally, while the Commission does not anticipate that
any action it takes on the matters raised in the NPRM will require
small entities to hire attorneys, engineers, consultants, or other
professionals to comply, the Commission cannot quantify the cost of
compliance with the potential changes discussed in the NPRM. As part of
the invitation for comment however, the Commission requests that
parties discuss any tangible benefits and any adverse effects as well
as alternative approaches and any other steps the Commission should
consider taking on these matters. The Commission expects the
information it receives in comments to help the Commission identify and
evaluate relevant matters for small entities, including compliance
costs and other burdens that may result from the matters raised in the
NPRM.
e. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
52. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
developing its 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) an exemption
from coverage of the rule, or any part thereof, for such small
entities.
53. The Commission believes that clarifying the parameters of
excavation or deployment within or around a ``site'' under Section
1.6100 will provide more certainty to relevant parties and enable small
entities and others to navigate more effectively state and local
application processes. As a result, the Commission anticipates that any
clarifying rule changes on which the NPRM seeks comment may help reduce

[[Page 39867]]

the economic impact on small entities that may need to deploy wireless
infrastructure by reducing the cost and delay associated with the
deployment of such infrastructure.
54. To assist the Commission in its evaluation of the economic
impact on small entities, and of such a rule change generally, and to
better explore options and alternatives, the NPRM asks commenters to
discuss any benefits or drawbacks to small entities associated with
making such a rule change. Specifically, the Commission inquires
whether there are any specific, tangible benefits or harms from
changing the definition of ``site'' or applying Section 6409(a)'s
streamlined process to compound expansions, which may include an
unequal burden on small entities.
55. The Commission is mindful that there are potential impacts from
its decisions for small entity industry participants as well as for
small local government jurisdictions. The Commission is hopeful that
the comments received will illuminate the effect and impact of the
proposed regulations in the NPRM on small entities and small local
government jurisdictions, the extent to which the regulations would
relieve any burdens on small entities, including small local government
jurisdictions, and whether there are any alternatives the Commission
could implement that would achieve the Commission's goals while at the
same time minimizing or further reducing the economic impact on small
entities, including small local government jurisdictions.
56. The Commission expects to consider more fully the economic
impact on small entities following its review of comments filed in
response to the NPRM. The Commission's evaluation of the comments filed
in this proceeding will shape the final alternatives it considers, the
final conclusions it reaches, and any final actions it ultimately takes
in this proceeding to minimize any significant economic impact that may
occur on small entities, including small local government
jurisdictions.
f. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
57. None.

B. Comment Filing Procedures.

58. 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 on the first page of this
document. 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).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
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.
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 445 12th Street SW, 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). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.

C. People With Disabilities.

59. To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

D. Ex Parte Rules--Permit-But-Disclose.

60. 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.

E. Paperwork Reduction Act.

61. This Notice of Proposed Rulemaking does not contain proposed
information collection(s) subject to the Paperwork Reduction Act of
1995 (PRA), Public Law 104-13. In addition, therefore, it does not
contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4).

III. Ordering Clauses

62. Accordingly, it is ordered, pursuant to Sections 1, 4(i)
through (j), 7, 201, 253, 301, 303, 309, 319, and 332 of the
Communications Act of 1934, as amended, and Section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012, as amended, 47 U.S.C.
151, 154(i) through (j), 157, 201, 253, 301, 303, 309, 319, 332, 1455
that this Notice of Proposed Rulemaking in

[[Page 39868]]

WT Docket No. 19-250 and RM-11849 IS hereby ADOPTED.
63. It is further ordered that the Commission's Consumer &
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this Notice of Proposed Rulemaking, 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. 2020-13950 Filed 7-1-20; 8:45 am]
BILLING CODE 6712-01-P