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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Date: July 26, 2013.
Roy E. Wright,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
Synopsis of Report and Order
I. Introduction
[FR Doc. 2013–19594 Filed 8–12–13; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, and 43
[WC Docket No. 11–10; FCC 13–87]
Modernizing the FCC Form 477 Data
Program
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Report and Order revises
the Federal Communications
Commission’s Form 477 collection to
include data on deployment of fixed
and mobile broadband networks and
mobile voice networks, as well as
company identification and emergency
contact information. The Report and
Order also makes a number of targeted
changes to the collection of subscription
data to reduce reporting burdens and
improve the quality and usefulness of
data collected through the Form 477.
DATES: Effective September 12, 2013
except for the amendments to §§ 1.7001,
1.7002, 43.01 and 43.11 of the
Commission’s rules, which contain
information collection requirements that
have not been approved by the Office of
Management and Budget and will
become effective upon announcement in
the Federal Register of Office of
Management and Budget approval and
an effective date of the rules.
FOR FURTHER INFORMATION CONTACT:
Chelsea Fallon, Industry Analysis and
Technology Division, Wireline
Competition Bureau, at (202) 418–0940.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in WC Docket No. 11–10,
FCC 13–87, released on June 27, 2013.
The complete text of this document is
available for public inspection during
regular business hours in the FCC
Reference Information Center, Room
CY–A257, 445 12th Street SW.,
Washington, DC 20554. It is also
available on the Commission’s Web site
at http://www.fcc.gov.
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SUMMARY:
Congressional Review Act
The Commission will send a copy of
this Report and Order in a report to be
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sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act.
1. The Commission is committed to
robust, data-driven decision making.
Data about broadband and voice
deployment and subscription are
essential to the Commission’s ability to
fulfill its statutory obligations and play
a vital public interest role for other
state, local, and federal agencies,
researchers, and consumers. To carry
out our commitment, we need adequate
and reliable data.
2. For the last three years, data on
broadband deployment have been
collected by the National
Telecommunications and Information
Administration (NTIA) to populate the
National Broadband Map. But NTIA’s
collection program is nearing its
completion. In today’s Order, we
assume the responsibility for collection
of broadband deployment data, with
some modifications to streamline and
reduce the burdens on providers while
making other modest improvements. We
applaud NTIA for its collection in
coordination with the states through the
State Broadband Initiative (SBI). We are
proud to carry the torch forward.
3. In addition, this Order makes a
number of targeted changes to reduce
reporting burdens and enhance the
usefulness of data collected through the
Form 477. Specifically, we modify our
Form 477 program in the following
ways. To ensure continuity with the
National Broadband Map, we collect
network deployment data for fixed and
mobile broadband as well as mobile
voice network deployment data. Fixed
broadband data will be collected by
census block, while mobile broadband
and mobile voice providers will provide
data showing their network coverage
areas. To streamline and reduce
burdens, we will not require providers
to submit broadband deployment data
in predetermined speed tiers, and
instead will require providers of
broadband services simply to provide
advertised speeds—the maximum
advertised speed in each census block
for fixed broadband, and the minimum
advertised speed in each coverage area
for mobile broadband. Streamlining the
collection in this manner will give the
Commission greater flexibility to group
and analyze broadband speed data in
useful ways. We also allow providers to
file all data in a single, uniform format,
rather than potentially different formats
across the states. To analyze
competition for residential versus
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business customers, fixed broadband
providers must distinguish, where
appropriate, between deployment of
residential and nonresidential services.
4. With regard to our collection of
subscription and other data, we also
take measures to reduce burdens while
improving the quality of our data: To
reduce burdens we: eliminate the use of
speed tiers for broadband subscription
data, as we do with broadband
deployment data, and require filers to
provide the number of broadband
connections by the advertised speeds
associated with each product subscribed
to in the relevant geographic area,
census tracts for fixed and states for
mobile. Fixed providers will report
connections by the maximum advertised
upload and download speeds, while
mobile providers will report
connections by minimum advertised
upload and download speeds. We also
eliminate various questions on the
current Form 477 in order to streamline
the Form, avoid duplication with the
new deployment collection, and reduce
the burden on filers. To improve the
quality of the subscription data we
collect, we require providers of fixed
voice and interconnected VoIP services
to file subscription data by census tract,
as we currently do for fixed broadband
subscription data, rather than the
current process of requiring such
providers to submit the list of ZIP codes
in which they provide service to enduser customers. To enhance our ability
to meet public safety needs and
obligations, we collect emergency
contact information from providers.
Finally, we require filers to report
certain company identification
information, which will facilitate
transaction reviews, as well as ongoing
vigilance against waste, fraud, and
abuse of universal service funding.
5. We are committed to improving the
data that the Commission collects even
as we continue to explore ways to make
the Form 477 filing less burdensome. To
that end, we direct the Wireline
Competition Bureau, in consultation
with the Wireless Telecommunications
Bureau, to explore technical
improvements to the Form 477 filing
mechanism that may make the process
easier for filers, and to examine ways to
collect more granular data without
increasing burdens.
II. Background
A. Development and Evolution of the
Form 477 Data Program
6. The Commission’s Form 477 was
established in 2000 to provide the
Commission with uniform and reliable
data not comprehensively available
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
elsewhere. The information submitted
through the Form 477 program improves
the Commission’s ability to comply with
statutory requirements and develop,
evaluate, and revise policy, and
provides important benchmarks for
Congress, the Commission, other policy
makers, academic researchers, and
consumers. The Commission has
revised the nature of the information
collected via the form several times
during the last decade to ensure that we
collect data relevant to a changing
marketplace. Nearly four years ago, the
National Broadband Plan recommended
that the Commission revise its Form 477
data collection to better monitor
broadband availability, adoption, and
competition. In turn, the Commission
launched its Data Innovation
Initiative—a whole-agency effort to
modernize and streamline how we
collect, use, and disseminate data. This
Order acts on the commitment to ensure
that the Commission has the
information it needs for data-driven
decision making while minimizing the
burden on industry.
7. May 2000 Form 477. The
Commission established Form 477 to
collect data regarding broadband
services, local telephone service
competition, and mobile telephony
services on a single form and in a
standardized manner. The original Form
477 collected subscribership data for
local telephone service, including data
from incumbent local exchange carriers
(LECs) and competitive LECs, on the
number of voice-grade equivalent lines
and fixed wireless channels in service
for the provision of local exchange or
exchange access service to end-user
customers and for resale. The form
required broadband and local telephone
service providers to provide a list, by
state, of the five-digit ZIP codes in
which they provided service to end-user
customers. The form required mobile
telephony providers to report total
subscribers served over their facilities,
by state, and the percentage of those
subscribers billed directly by the
reporting provider.
8. The initial Form 477 collected data
from facilities-based broadband
providers on the numbers of
connections to the Internet in service to
end users in each state. The
Commission tracked connections with
information transfer rates exceeding 200
kilobits per second (kbps) in at least one
direction. The Commission required
providers to identify the technology
used to provide the connections, the
percentage of connections used by
residential customers and small
businesses as a group, whether the
connections used the provider’s own
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‘‘last mile’’ facilities, and each ZIP code
in which the provider had at least one
connection in service by means of any
broadband technology.
9. 2004 Revisions. To capture a more
comprehensive picture of broadband
deployment in rural areas, in 2004 the
Commission required submissions from
all facilities-based providers of
broadband connections. The
Commission further required filers to
report the percentage of their
connections that fell into five speed
tiers. Incumbent LECs were required to
report the percentage of residential enduser premises in their service areas
where DSL connections were available,
and cable system operators were
required to report comparable
information for their cable modem
service. Also, filers were required to
identify which particular fixed-location
broadband technologies were being used
to provide connections in individual
ZIP codes.
10. 2008 Revisions. In 2008, the
Commission again revised the Form 477
data program to collect more granular
subscription data and improve the
quality of data on mobile wireless
broadband services. The Commission
determined that all wireline, terrestrialfixed wireless, and satellite broadband
service providers must report the
numbers of subscribers by census tract,
broken down by technology and more
disaggregated speed tiers, and the
percentage of subscribers that are
residential. The Commission extended
filing requirements to providers of
interconnected Voice over Internet
Protocol (VoIP) service, requiring them
to report the number of subscribers they
serve in each state, the percentage of
those who are residential, the number of
subscribers who purchase the service in
conjunction with the purchase of a
broadband connection and, of those, the
types of connections purchased. The
Commission also required
interconnected VoIP service providers
to report the percentage of subscribers
who can use the service over any
broadband connection and to report a
list of five-digit ZIP codes within each
state in which they have at least one
subscriber. The Commission determined
that terrestrial mobile wireless
broadband service providers would
continue to submit their broadband
subscriber totals on a state-by-state
basis, rather than by census tract, and
list the census tracts that ‘‘best
represent’’ their broadband service
footprint for each speed tier they offer.
11. 2008 Further Notice. In the 2008
Further Notice of Proposed Rulemaking,
the Commission sought comment on
several matters, including whether it
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should collect information on actual
speeds of broadband services; how
generally to maintain the confidentiality
of broadband data; whether the
Commission should conduct and
publish periodic consumer surveys on
broadband services; and whether and
how to institute a national broadband
availability mapping program. The
Commission tentatively concluded that
it ‘‘should collect information that
providers use to respond to prospective
customers to determine on an addressby-address basis whether service is
available.’’
12. National Broadband Plan. The
National Broadband Plan emphasized
the necessity of ‘‘continuous collection
and analysis of detailed data on
competitive behavior’’ and the need for
the Commission to conduct ‘‘more
thorough data collection to monitor and
benchmark competitive behavior.’’ The
Plan also recommended that the
Commission ‘‘revise Form 477 to collect
data relevant to broadband availability,
adoption and competition.’’
13. 2011 Notice of Proposed
Rulemaking. On February 8, 2011, the
Commission released a Notice of
Proposed Rulemaking (NPRM) seeking
comment on whether and how to reform
the Form 477 data program to improve
the Commission’s ability to carry out its
statutory duties, while also streamlining
and minimizing the overall costs of the
program, including the burdens
imposed on providers. Today’s Order
addresses issues that were first raised in
WC Docket Nos. 07–38, 08–190, and 10–
123 that relate to the Commission’s data
programs. Given the changes that the
industry has experienced since the 2008
Broadband Data Gathering Order and
Further Notice, the increased focus on
broadband issues by the Commission
and Congress, and the administrative
efficiencies that will result from
consolidating these issues in a single
docket, the Commission incorporated
the comments and ex parte
presentations of WC Docket Nos. 07–38,
08–190, and 10–123 into new docket
WC Docket No. 11–10. The Commission
sought comment on the collection of
five specific categories of data—
deployment, price, subscription, service
quality and customer satisfaction, and
ownership and contact information—
asking whether and how to collect such
data and seeking comment on the
Commission’s authority to do so. This
Order addresses the collection of
deployment data, subscription data, and
company identification and contact
information. We do not address the
collection of price data or service
quality and customer satisfaction data at
this time, and those issues remain open
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for consideration. The NPRM also
sought comment on the use of thirdparty data, which entities should be
required to report, and the frequency of
reporting.
B. Uses of Form 477 and SBI Data
14. Data collected through Form 477
and NTIA’s SBI program play an
essential role in the Commission’s work:
We use these data to meet our statutory
obligation to assess annually the state of
broadband availability, update our
universal service policies and monitor
whether our statutory universal service
goals are being achieved, and meet our
public safety obligations. We also make
the data available to states, researchers,
and the public to inform their own
activities and decisions regarding voice
and broadband networks and services.
15. Many of these obligations flow
directly from statute. Significantly, the
Broadband Data Improvement Act (or
BDIA, which built on section 706 of the
Telecommunications Act of 1996)
requires that the Commission conduct
an annual inquiry concerning the
‘‘availability of advanced
telecommunications capability to all
Americans.’’ As part of this inquiry, the
Commission must ‘‘determine whether
advanced telecommunications
capability is being deployed to all
Americans in a reasonable and timely
fashion.’’ If the Commission’s
conclusion is negative, it must ‘‘take
immediate action to accelerate
deployment of such capability by
removing barriers to infrastructure
investment and by promoting
competition in the telecommunications
market.’’ The Commission has observed
that the data collected on Form 477 to
date have been imperfect for the
purpose of assessing broadband
deployment and availability. Prior to the
2012 Eighth Broadband Progress Report,
the Commission used Form 477
broadband subscription data as a proxy
for fixed broadband deployment.
Subscription data are a highly imperfect
proxy for network deployment.
Deployment may be understated if no
household in an area has chosen to
subscribe to a service offering provided
by a network, for example, and
capability may be understated if no
household has subscribed to the highest
speed offering. Because of the
limitations of Form 477 subscription
data, in the 2012 Eighth Broadband
Progress Report, the Commission relied
solely on NTIA’s SBI deployment data
to assess broadband deployment. The
Commission also calculated, for the first
time, fixed broadband adoption rates
using both Form 477 subscription data
and SBI deployment data.
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16. Deployment and subscription data
are also needed to fulfill our universal
service mandate. The Communications
Act of 1934, as amended, requires the
Commission to base its universal service
policies on a number of principles,
including that ‘‘[c]onsumers in all
regions of the Nation, including lowincome consumers and those in rural,
insular, and high cost areas, should
have access to telecommunications and
information services . . . that are
reasonably comparable to those services
provided in urban areas.’’ The
Commission currently relies on SBI data
for a number of universal service
policies. For example, the Commission
has relied on the SBI data to determine
areas eligible for support in Connect
America Phase I, and has stated that it
will rely on SBI data for determining
areas eligible for support in Connect
America Phase II. In addition, the
Commission has sought comment on
using SBI data to determine areas
eligible for the Remote Areas Fund.
Over time, the Commission’s reliance on
the SBI data to support its universal
service policies will transition to
reliance on data collected on Form 477.
Thus, the data collected on Form 477
are critical to measuring whether we are
meeting our universal service mandate.
17. Accurate, detailed data about
deployment and subscription also help
further the Commission’s public safety
goals. In disaster situations, for
example, we use these data to identify
service providers likely to be affected
and alternative sources of critical
communications. The collection of
deployment and subscription data help
the Commission monitor the
performance of both legacy circuitswitched networks and broadband
networks, to ensure that consumers can
access emergency services as service
providers transition from one
technology to the other.
18. Moreover, in addition to the
Commission’s use of the data, there
have been tremendous public interest
benefits to other federal and state
agencies and the general public from the
FCC’s and NTIA’s data collections. Use
of the National Broadband Map
application, and access to the data via
download or Application Programming
Interfaces, has been extensive. The
Federal Geographic Data Committee
highlighted the success and use of the
data in its annual report. The Homeland
Infrastructure Foundation Level
Working Group has consistently used
the broadband deployment data as part
of its 17-sector critical infrastructure
data asset, and the National States
Geographic Information Council have an
active working group set up to address
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the National Broadband Map.
Researchers have used these data to
address a range of technical and social
issues on the communications
landscape. Finally, consumers and
policy makers alike are more informed
about deployment with the open access
to data that the National Broadband
Map provides, as a recent case study by
the Wilson Center made clear.
19. We provide state public utility
commissions with access to
disaggregated Form 477 subscribership
data, provided the commissions have
appropriate confidentiality protections
in place. Additionally, pursuant to
section 106(h)(1) of the Broadband Data
Improvement Act, the Commission
provides State Broadband Data and
Development grant recipients (‘‘eligible
entities’’ under the BDIA) with access to
‘‘aggregate’’ Form 477 subscribership
data to support the activities that are
funded through the State Broadband
Data and Development Grant Program.
The data are available to help eligible
entities identify and track areas in each
state that have low levels of broadband
service deployment, and identify
barriers to adoption of broadband
service by individuals and businesses.
III. Discussion
20. The Commission is committed to
meeting its obligations through
decisions that are supported by current,
reliable data. In the NPRM, the
Commission sought comment on a
number of proposals to improve and
streamline the Form 477 collection
process. As discussed below, we
conclude that we should revise our
Form 477 collection to include data on
deployment of fixed and mobile
broadband networks and mobile voice
networks, as well as company
identification and emergency contact
information. We will not require
providers to submit broadband
deployment data in predetermined
speed tiers, and we eliminate the use of
speed tiers for broadband subscription
data. Instead, we require providers of
broadband services simply to provide
advertised speeds: The maximum
advertised speed for fixed broadband
and the minimum advertised speed for
mobile broadband. Streamlining the
collection in this manner will give the
Commission greater flexibility to group
and analyze broadband speed data in
useful ways. We do not make any
changes to the categories of providers
that are required to file Form 477.
21. Shortly after release of this Order,
the Wireline Competition Bureau will
release a data specification that reflects
the changes necessary to implement this
Order. As they have with every previous
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revision of Form 477, Wireline
Competition Bureau staff will work with
providers to ensure that the providers
have the tools they need to complete
and file the form in the least
burdensome manner possible. We
delegate authority to the Wireline
Competition Bureau, in consultation
with the Wireless Telecommunications
Bureau, to implement any technical
improvements or other clarifications to
the filing mechanism and forms that
will make compliance easier for filers.
A. Deployment Data
22. The NPRM sought comment on
whether voice and broadband
deployment data are necessary to fulfill
a number of the Commission’s statutory
and policy goals. Based on the record
before us, we conclude that it is in the
public interest for the Commission to
collect data on deployment of fixed and
mobile broadband networks and mobile
voice networks. As noted above, many
commenters agree that we should
collect deployment data in order to help
meet statutory obligations.
23. We continue the important
collection of deployment data initiated
by NTIA’s SBI program and make
modest but important adjustments to
that collection. We will collect data on
where people have access to broadband
service (what locations have services
available), as well as the nature of the
broadband services offered in those
areas (for example, the speed and
technology of the offering). As noted
above, most providers have already been
submitting deployment data through
NTIA’s SBI data collection process, but
such collection will end next year. The
changes we adopt to the SBI collection
are designed to reduce filing burdens
and increase reliability of the data. For
example, the collection will occur in a
single, unified process rather than on a
state-by-state basis. A single, nationwide
filing (that includes both deployment
and subscription data) will help
eliminate potential variations among
states, and reduce to one the number of
entities with which a multistate
provider must coordinate for its filing.
In addition, the elimination of speed
tiers will reduce burdens associated
with categorizing data into those tiers.
The data will also be more reliable
because all providers must file, and
must certify to the accuracy upon filing.
In short, and as we describe more fully
below, the collection is carefully
tailored to provide the Commission the
data it needs to fulfill its mission, while
taking steps to minimize the burden on
filers. As a result, we expect that
communications providers’ overall
reporting burden will decrease even
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though the Commission will be
collecting more data.
1. Collection of Broadband Deployment
Data
24. Our collection of deployment data
will differ in some ways from NTIA’s
SBI data collection in order to ensure
that these data will support our efforts
to fulfill statutory directives and policy
goals. We make several modest but
important improvements to enhance the
reliability and usefulness of the data.
First, under the SBI collection,
providers submit data to the states, so
there may be as many as 56 different
methodologies for collecting SBI data.
The Form 477 collection will be a
single, uniform filing for all providers,
which will reduce potential for
distortion or misleading comparisons of
the data. A national system should also
reduce the burden on multistate filers,
who today must often file their
deployment data in different ways with
different entities. Second, submission of
data for NTIA’s SBI program is
voluntary; the Form 477 filing is
mandatory and requires filers to certify
that the data are accurate, which will
promote complete and accurate data.
Third, the SBI does not routinely
separate residential from business data.
The Form 477 deployment collection
will require filers to distinguish, where
appropriate, between residential and
nonresidential deployment. This will
help the Commission to better estimate
the level of competition in a market and
the number of providers that compete
for a particular class of customers.
Fourth, the SBI program collects data by
speed tiers that differ from the speed
tiers the Commission uses to collect
subscription data. We eliminate the use
of speed tiers for both deployment and
subscription data, thus ensuring that
speed data are reported consistently
across the collection. Fifth, the Form
477 collection will include information
on the type of network technology
deployed and spectrum bands used for
mobile broadband deployment, which
will refine our analysis of broadband
deployment and spectrum utilization.
Finally, Form 477 will not collect
existing portions of NTIA’s SBI data
collection that are not essential to the
production of the National Broadband
Map, including subscriber-weighted
average speeds by county.
25. Some commenters argue that the
Commission need not collect broadband
deployment data at this time because
broadband deployment and availability
information is available through NTIA’s
SBI data collection, which is made
available through the National
Broadband Map. As noted above,
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NTIA’s SBI collection of deployment
data is scheduled to expire in 2014;
given the critical role such data play in
meeting the goals of Congress and the
Commission, it is our responsibility to
ensure that no gap exists in the
collection of these data. We are,
however, designing the transition such
that it will likely include one
overlapping collection: We anticipate
that our first collection of deployment
data on Form 477 will take place in
September 2014, for data as of June 30,
2014. An overlapping collection helps
us ensure that our own collection
systems are functioning properly by
allowing us to cross-check our results
against NTIA’s. More than one overlap
would provide us greater assurance, but
would also increase the burden on
filers, which we are striving to
minimize. In any event, the Commission
is likely to rely heavily on SBI data
collected in the overlap collection, as
the SBI collection is more settled and
providers may still be adjusting to the
revisions to Form 477.
26. We disagree with commenters
who argue that the BDIA, which revised
section 706, specifies that the collection
of broadband deployment data needed
to meet the requirements of section 706
should be accomplished through
periodic surveys and reliance on Census
Bureau data. While the BDIA makes
mention of these tools, section 706 does
not identify these tools as the sole
source of data for meeting our statutory
responsibilities. Nor does section 706
preclude the Commission from seeking
broadband data from service providers.
Furthermore, whereas the section 706(a)
inquiry involves broadband deployment
and availability, the consumer survey is
focused on ‘‘the national characteristics
of the use of broadband service
capability,’’ and the Census data focus
exclusively on subscribership. Thus the
consumer survey and Census Bureau
data alone are insufficient to complete
the section 706(a) inquiry. Finally, the
deployment data that will be reported
on Form 477 are not used by the
Commission solely to fulfill its duties
under section 706. As explained above,
we use these data to meet other
statutory obligations as well. We have
evaluated existing data sources, and we
believe that the changes to the Form 477
data collection that we adopt today
represent the least burdensome means
of obtaining the data the Commission
needs to fulfill its statutory duties.
27. We also disagree with commenters
who assert that data already collected
on Form 477, in conjunction with data
available from Mosaik and other
sources, including providers’ Web sites,
are sufficient to inform the Commission
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about the expansion of broadband
networks. While we do use commercial
data routinely, we do not agree, in this
case, that reliance on third-party
deployment data will meet our needs.
Among the problems the Commission
faces in using commercial data are
restrictions on reuse and publication of
the data on which the Commission
would rely. In addition, the Commission
found in the 2012 Eighth Broadband
Progress Report that while Mosaik data
provide a useful tool for measuring
developments in mobile broadband
deployment, they may overstate the
extent of mobile broadband coverage.
Furthermore, because Mosaik reports
advertised coverage as reported to it by
mobile wireless providers, each of
which may use a different standard for
determining coverage, the Mosaik data
are not consistent across geographic
areas and service providers. Finally,
tracking down deployment information
on providers’ Web sites would not
provide consistent data for analysis,
would be time consuming, and might
not be comprehensive. The information
on providers’ Web sites is not certified
and is generally not available in a
format consistent enough to provide the
level of geographic granularity the
Commission requires.
28. We find that it is necessary for the
Commission to collect nationally
standardized deployment data from all
providers of broadband and mobile
voice services to meet our obligations to
assess the state of broadband
availability, update our universal
service policies and monitor whether
our statutory universal service goals are
being achieved, and meet our public
safety obligations. Satellite broadband
providers urge the Commission to
exempt them from any required
reporting of deployment information on
Form 477, arguing that it would be
redundant because the extent of a
satellite broadband provider’s coverage
area is already a matter of record as part
of a satellite application or letter of
intent. Although the Commission
requires space station applicants to
provide predicted antenna gain
contour(s) for each satellite transmit and
receive beam, the antenna gain contour
is part of the general description of the
satellite’s capabilities and is not the
same as deployment information.
Without a comprehensive, uniform
dataset with which to evaluate the state
of broadband deployment by all
providers, the Commission’s analyses
will be incomplete. This is particularly
important given the difference in speed
and capacity offered by different
generations of satellites and their
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different service areas. Accordingly, we
will require satellite broadband
providers, in addition to all providers of
broadband and mobile voice services, to
submit deployment data on Form 477.
For purposes of Form 477, satellite
voice and broadband providers are
treated as fixed voice and broadband
providers.
29. We continue our current practice
of requiring all providers to submit
relevant data. While we recognize that
submitting any information imposes
burdens, which may be most keenly felt
by small providers, we conclude that
the benefits of having comprehensive
data substantially outweigh the burdens.
One of the primary objectives of Form
477 is to inform the Commission’s
efforts to encourage broadband
deployment on a reasonable and timely
basis to all Americans. We would miss
important data relevant to this objective
if we were to exempt small providers,
which are likely to serve rural or insular
areas of the United States, where
barriers to deployment are typically the
highest. Additionally, obtaining this
information from small and rural
providers helps ensure that Connect
America Fund support is indeed
increasing broadband deployment and
will help the Commission keep its
universal service policies appropriately
tailored over time. At the same time, we
are cognizant of the burdens of data
collections. We therefore have taken
steps to minimize burdens, including by
making our deployment collection
consistent, to a large extent, with
NTIA’s SBI data collection. For all of
these reasons, we conclude that the
benefits of collecting deployment data
outweigh the burdens on small
providers that may be associated with
collection of these data.
30. State Expertise in Broadband
Deployment Collection. As described
above, our collection of broadband
deployment data will be similar—
although not identical—to NTIA’s
current SBI program collection of
broadband deployment data. The filing
mechanisms for the two collections,
however, will differ significantly.
Notably, in NTIA’s SBI data collection,
providers file their data with state
entities, rather than directly with the
federal government.
31. While we believe that filing
deployment data with a single agency,
rather than with as many as 56 separate
entities, should make the mechanics of
submitting deployment data less
burdensome for filers, we also recognize
that as a result of the SBI collection, the
states have gained valuable experience
with the collection of broadband
deployment data. Indeed, many states
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have created new offices or agencies
focused on broadband deployment
issues, or tasked existing offices with
such duties, and they potentially
continue to play an important role in
broadband issues. We encourage
providers to continue to work with
states on broadband issues. In addition,
while the states will no longer
participate directly in the collection and
collation of broadband deployment data,
there may be another role the states
might play, such that the Commission,
other government agencies, industry,
and consumers continue to benefit from
their expertise. We therefore direct the
Wireline Competition Bureau to explore
ways in which we might use the states’
expertise to strengthen our own
collection of broadband deployment
data.
a. Fixed Broadband
32. We require each facilities-based
provider of fixed broadband service to
provide a list of all census blocks in
which it makes broadband service
available to end users. As noted above,
for purposes of Form 477, satellite
broadband service providers are
considered to be providers of fixed
broadband service. Facilities-based
providers of fixed broadband service
will also be required to report the
maximum speed offered in each census
block where they offer service, breaking
out reporting for residential and
nonresidential services where
appropriate, and by technology. We
delegate authority to the Wireline
Competition Bureau to determine
whether the categorization of fixedlocation technologies in the current
Form 477 is adequate for collecting
deployment information and to specify
different categories if necessary.
33. Geographic Area. Based on the
record, we conclude that we should
continue the SBI’s practice of collecting
fixed broadband deployment data by
census block, but discontinue disparate
treatment of census blocks larger than
two square miles. Several commenters
agree that deployment data should be
collected at this geographic level. We
disagree with commenters who assert
that reporting by census block is too
burdensome. We find that reporting by
census block will not be unduly
burdensome for the majority of fixed
broadband service providers, as many of
these providers already voluntarily
report deployment data by census block
to NTIA’s SBI program. Fixed
broadband providers have, since June
2010, submitted the characteristics of
their broadband deployment by census
block to state mapping designees.
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34. We recognize that the Commission
currently collects fixed broadband
subscription data by census tract,
whereas we will collect fixed broadband
deployment data by census block. Some
commenters assert that the Commission
should collect both deployment and
subscription data at the same geographic
area level. While we recognize that there
may be benefits to collecting
deployment and subscription data at the
same geographic level, we find that
continuing with the SBI collection’s
level of granularity for deployment data
offers us opportunities for analysis at
roughly the same or lesser burden to
filers that they experience now.
Therefore, we find that, on balance, the
benefits of retaining the census block
collection for deployment data, even
while subscription data are collected at
a more aggregated level, outweigh the
burdens and the disadvantages of an
asymmetrical collection.
35. At this time, we decline to gather
fixed broadband deployment data at a
level more granular than the census
block because the added complexity and
burden are unlikely at this time to
provide a significant insight into how
many residences and businesses lack
access to service. Although some
commenters advocate for address-level
reporting, many providers do not
maintain broadband network
deployment data on an address-byaddress basis. Also, rural areas where
networks are deployed may not have
‘‘street’’ addresses assigned. We are not
persuaded that the benefits of requiring
address-level data would outweigh the
overall increase in the filing burden. We
acknowledge that NTIA’s SBI program
collects address- and/or street-segment
data for fixed broadband service in
particular census blocks—those larger
than two square miles. Not only do we
not expand this requirement to other
census blocks, but we remove it for large
blocks as well, thus reducing the burden
on filers that serve large blocks. While
there are approximately 6.2 million
populated census blocks, there are
approximately 118.1 million
households, approximately 133.3
million housing units, and millions of
business locations in the United States.
Thus, moving from census block to
address-level reporting could lead to a
significantly higher burden. In addition,
while there is a definitive source for the
location and size of census blocks (the
U.S. Census Bureau), there is no similar
source for the location of all homes,
making it substantially harder to map
provider submissions and relate those to
end-user locations. Some commenters
point out that accuracy may actually
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decrease when granularity increases to
the address level because all service
providers do not necessarily record
addresses in a standardized, uniform
manner. We conclude that requiring
providers to report fixed broadband
deployment data by census block
appropriately balances the burdens of
reporting this information to the
Commission with the level of
granularity required to carry out our
statutory duties.
36. Speed data. Instead of defining
speed tiers for the reporting of fixed
broadband deployment data, as the SBI
collection does, we will require filers to
provide the maximum advertised speed
for each technology used to offer service
in each census block. For consistency in
our collection, we adopt the same
approach for subscription data, which
will also reduce filing burdens by
avoiding the need to categorize the same
service offering differently for
deployment and subscription
collections.
37. Relevant speeds and broadband
technologies evolve over time. As a
result, the Commission has found it
necessary in the past to revise the speed
tiers it uses to collect data. Speed tiers
may be revised for a variety of reasons,
including reflecting modern service
offerings for purposes of assessing
broadband availability in the
Commission’s broadband progress
reports and reflecting Connect America
policies and requirements. But when
broadband providers assign their
services a specific speed tier, any
changes to those tiers are significantly
delayed until the providers report, and
the Commission publishes, data sorted
into the revised tiers. In addition,
changes to the speed tiers limit the
Commission’s (and others’) ability to
analyze data over time by potentially
removing tiers that had been used
previously. We believe that requiring
the submission of maximum advertised
speed per census block, rather than
requiring filers to organize their
deployment data into speed tiers before
submitting it, will increase the
usefulness of the data by allowing the
Commission to define speed tiers as
needed for its purposes, without
requiring modifications to the form
itself. It will also allow the Commission
and others to analyze speeds over time
without regard to the categories of speed
into which providers reported in past
years. Finally, we believe that not
requiring providers to categorize their
offerings into our tiers will reduce their
reporting burden.
38. For fixed broadband deployment
data, we also tailor our treatment of
speed reporting to reflect how services
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are offered to residential and
nonresidential consumers. For
residential broadband deployment, as
with the SBI collection, Form 477 will
collect the fastest advertised speed
providers offer potential subscribers in
each census block covered by their
deployment. For nonresidential
broadband deployment, the form will
collect the maximum contractual
committed information rate offered on
nonresidential Internet access services.
Form 477 will require filers to
distinguish between residential and
nonresidential deployment where
appropriate. Accordingly, to the extent
that a provider does not make the
distinction in its filing between
residential and nonresidential
deployment, it will not distinguish
between advertised and contractually
committed speeds.
39. Advertised vs. Actual Speeds. The
Commission currently collects data on
advertised speeds. The Commission
sought comment on whether it should
continue to collect data only on
advertised speeds, or whether, for
example, providers should provide
information about actual speeds by
geographic area, or speeds that extend
beyond the access network (for example,
end-to-end speeds that reflect an end
user’s typical Internet performance). We
conclude that it is not appropriate or
feasible to collect actual speed
information from broadband providers
via Form 477. Many commenters
expressed concern because there is no
way for providers to report actual speed
information in a meaningful way.
Commenters explain that the collection
of these data is a highly complex, time
consuming, and expensive undertaking
that requires the use of specialized
equipment in the providers’ networks
and at their customers’ premises. As the
Commission found in 2008, ‘‘the record
of this proceeding does not identify a
methodology or practice that could be
applied, consistently and by all types of
broadband filers, to measure the
information transfer rates actually
observed by end users.’’ We continue to
believe that conclusion is correct.
40. The Commission has undertaken a
program to measure actual speeds
directly for a sample of end users of
fixed broadband, and is considering a
similar program for mobile broadband.
These initiatives are more cost effective
than using the Form 477 data collection
for this information, and have produced
speed information useful to
policymakers, consumers, and other
stakeholders. In August 2011, the
Commission released a report on actual
broadband speeds, based on data
submitted by broadband providers and
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end-user volunteers. The report
established for the first time that the
majority of residential wireline
broadband consumers are receiving
performance close to the level
advertised by their providers. It also
identified providers that fell short of
advertised speeds. On July 19, 2012, the
Commission’s Office of Engineering and
Technology and Consumer and
Governmental Affairs Bureau released
the Second Measuring Broadband
America Report. The Second Measuring
Broadband America Report found
‘‘striking across-the-board
improvements on key metrics
underlying user performance.’’ In
particular, the Second Measuring
Broadband America Report found that
Internet service provider (ISP) promises
of performance are more accurate,
providers are more consistent in their
ability to deliver advertised speeds, and
consumers are subscribing to faster
speed tiers and receiving faster speeds.
Further, the Commission is considering
questions concerning the types of
metrics for speed or other performance
characteristics that could prove useful
to consumers. We expect to continue
our efforts to improve the availability of
information describing broadband
performance in the United States.
41. As an alternative to requiring the
reporting of actual speeds, the
Commission sought comment in the
NPRM on whether it should collect data
on contention ratios (the ratio of the
potential maximum demand to the
actual bandwidth available) or some
other measure of network congestion. In
response, Free Press asserts that
contention ratios are a useful proxy for
actual speeds because they reflect the
degree to which customers share
capacity, and thus the level of
oversubscription on a local network.
However, several commenters dispute
the usefulness of contention ratios,
asserting that a contention ratio ‘‘would
mean nothing to the typical consumer
and little, if anything, to most
policymakers,’’ and that given the many
variables that would go into
determining a contention ratio, ‘‘the
resulting data are unlikely to be of any
practical use or relevance.’’ These
commenters assert that a requirement to
report contention ratios would be
complex and burdensome, as there is no
single ‘‘contention ratio’’ applicable to a
given subscriber or network because
broadband traffic traverses numerous
segments in a network, each of which
has a different contention ratio.
Although we believe that understanding
network capacity and congestion
concerns is useful, we agree that it
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would be impractical to collect such
data through Form 477. We agree with
those commenters who argue that the
burden of calculating contention ratios
would, at this time, outweigh any useful
benefits that the Commission might
glean from such information. We thus
decline to require providers to report
contention ratios.
b. Mobile Broadband
42. As with fixed broadband, we
continue NTIA’s SBI collection of
mobile broadband coverage areas, with
certain modifications to reduce burdens
while improving the data to fulfill our
statutory purposes and policy goals.
These modifications include additional
technology codes, separation of
coverage areas by unique combinations
of technology, spectrum and speed, and
minimum, rather than maximum,
advertised speed. Specifically, for each
mobile broadband network technology
(e.g., EV–DO, WCDMA, HSPA+, LTE,
WiMAX) deployed in each frequency
band (e.g., 700 MHz, Cellular, AWS,
PCS, BRS/EBS), facilities-based mobile
broadband providers should submit
polygons representing the nationwide
coverage area (including U.S. territories)
of that technology. The data associated
with the coverage area should depict the
coverage boundaries where, according
to providers, users should expect the
minimum advertised upload and
download data speeds associated with
that network technology in that
frequency band. If a provider advertises
different minimum upload and
download speeds in different areas of
the country using the same technology
and frequency band (e.g., HSPA+ on
AWS spectrum), the provider should
submit separate polygons showing the
coverage area for each speed. If a
provider does not advertise the
minimum upload and/or download
speeds, the provider must indicate the
minimum upload/download data speeds
that users should expect to receive for
the deployed technology in the given
frequency band.
43. Collecting these deployment data
on mobile broadband network
technologies, in conjunction with data
on spectrum and minimum advertised
speeds, will improve the data needed to
fulfill our statutory purposes and policy
goals. As with fixed broadband
deployment data, we direct filers to
report data on advertised speeds and
reduce the burden of associating these
speeds with predetermined speed tiers.
To reduce burdens, we also allow
mobile broadband providers to submit
coverage maps on a nationwide rather
than state-by-state basis. To reflect
changes in both Geographical
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Information Systems (GIS) and mobile
technologies and spectrum bands used
over time, the Wireline Competition
Bureau, in consultation with the
Wireless Telecommunications Bureau,
will update coverage resolution,
network or transmission technologies
and spectrum bands used on Form 477
as necessary.
44. Currently, the Form 477 collection
requires facilities-based mobile wireless
broadband service to submit data
indicating census tracts in which
‘‘service is advertised and available to
actual and potential subscribers,’’ and
such service offerings must be grouped
into predetermined speed tiers. We
retain this collection while taking
measures to reduce the burden by
eliminating the requirement that
providers group their offerings into
speed tiers. These data remain necessary
to determine accurately mobile
broadband service availability in cases
where a provider’s mobile network
deployment footprint differs from its
facilities-based service footprint, that is,
where service is advertised and
available to actual and potential
subscribers. Deployment and
availability are often the same for
providers but, in some instances, they
are not. The combination of data on
network deployment, service
availability, and subscription will assist
the Commission in a number of
analyses, including those in the
Broadband Progress Reports and Mobile
Wireless Competition Reports, the state
of competition in the mobile wireless
industry, and review of mergers and
spectrum transactions.
45. The mobile broadband
deployment data, in conjunction with
similar data on mobile voice
deployment, will enable the
Commission to analyze the extent of
deployment in different spectrum
bands, and technologies. These data will
enable us to analyze deployment in
different spectrum bands, and to
structure our spectrum, infrastructure,
and competition polices effectively and
efficiently in a rapidly evolving mobile
marketplace. The National Broadband
Plan states that mobile broadband is
poised to become a key platform for
innovation in the United States over the
next decade. For mobile service
deployment, spectrum is an essential
input as the transmission pipe.
Understanding how spectrum bands and
technologies have actually been
deployed in different areas will greatly
facilitate the formulation of sound and
informed spectrum policies, including
how best to make additional spectrum
available for licensed, unlicensed and
opportunistic uses. The mobile
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broadband deployment data, indicating
speed, technology, and spectrum band
used, will enable us to better assess the
wireless marketplace to ensure that our
spectrum and competition policies
accommodate growing demand and
evolving technologies in the provision
of mobile broadband services.
46. Today, NTIA’s SBI collection
includes information on speed and
spectrum used for the provision of
wireless broadband services. Spectrum
information, however, is not clearly
linked to coverage boundaries. Defining
the standard for reporting network
coverage boundaries that reflect the
broadband speeds of a deployed
technology in a given frequency band
will ensure that we have consistent and
comparable deployment data by various
providers. Collecting spectrum
information in this manner also will
give us better information on the actual
use of spectrum bands, enabling
informed spectrum management
policies.
47. Certain commenters argue that
other sources of data on spectrum use
are already available to the Commission
and that the collection of spectrum data
through Form 477 is unnecessary.
However, the sources cited by
commenters, including the Spectrum
Dashboard and license build-out
notifications, are insufficient for
analyzing deployment by technology
and by band. The Spectrum Dashboard
provides information on spectrum
holdings but not the extent to which
providers are using their spectrum to
deploy networks and offer services. The
licensee build-out notifications do not
indicate the type of service or
technology deployed, are filed
infrequently, and in some cases, are not
a reflection of networks that are being
used to offer service. Sprint suggests
that the Commission could ask
providers to respond on an ad hoc basis
to inquiries about their spectrum use in
particular areas. However, this method
would not provide us with the complete
set of data necessary to perform the
comprehensive analyses described
above.
48. We find that burdens on mobile
wireless providers associated with
providing digital representations of and
geospatial data on their network
coverage areas are not significant, and
are outweighed by the public interest
benefits associated with our collection.
The geospatial data we are collecting on
spectrum and technology are used by
mobile service providers for radio
frequency (RF) network design and are
an integral part of every mobile service
provider’s ordinary course of business.
Accordingly, mobile deployment data
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by spectrum bands and network
technology should be readily available
to mobile service providers given that
any mobile network deployment plan
would include both the spectrum and
the network technology to be used for
such deployment.
49. In addition, many providers
develop and maintain such data in order
to publish maps of their coverage areas
on their Web sites and in other
promotional materials, and certain
operators have provided network
coverage boundaries to Mosaik. Certain
providers also have submitted coverage
area boundaries to the Commission as
part of wireless transaction proceedings,
and many providers have submitted
coverage area boundaries in the SBI data
collection. There are multiple GIS
(Geographical Information Systems)
platforms capable of creating and
managing geospatial data on mobile
network coverage areas, and there are
many GIS specialists and engineering
consultants in the United States who are
able to provide expertise and develop
such data for providers that do not have
internal GIS resources.
50. In the NPRM, the Commission
sought comment on how any reporting
should account for the variability of
signal strength and capacity in a
network that includes mobile users. The
record indicates that measuring signal
strength is a complex and timeconsuming endeavor due in significant
part to the extreme variability in the
propagation and reception of wireless
signals. The strength of the signal
received by any given subscriber can be
affected by a broad range of factors,
including topography, foliage, weather,
type of structure for in-building
reception, the number and behavior of
other subscribers connected to the same
cell site, and whether and how fast the
subscriber is moving through the cell
site’s coverage area. As a result, mobile
signal strength, speed, and capacity
measurements can change from minute
to minute or between locations. While
the data would be valuable, we are not
convinced that there is a practical,
reliable way at this time to assess signal
strength and capacity through a
standardized data collection. We
therefore decline to revise Form 477 to
require providers to account for these
variables.
2. Collection of Voice Deployment Data
a. Fixed Voice
51. In the NPRM, the Commission
sought comment on whether the
collection of fixed voice network
deployment data is warranted. The
national telephone subscription rate has
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remained high over the last decade,
indicating expansive (indeed, nearly
ubiquitous) availability of service. The
Wireline Competition Bureau recently
collected data on the areas served by
incumbent local exchange carriers
through the Study Area Boundary Data
Collection, and these boundaries
typically show the area that an
incumbent LEC is obligated to serve
with fixed voice service. For other fixed
providers, we will be able to infer voice
availability from their fixed broadband
deployment data, as many providers
offer both voice and broadband over the
same network. Collecting additional
fixed voice network deployment data on
Form 477 would be largely redundant
and would impose an additional burden
on voice providers. Therefore, we will
not require providers of fixed voice
services to report deployment data on
Form 477.
b. Mobile Voice
52. We will require facilities-based
mobile wireless voice providers to
submit geospatial data of their coverage
area boundaries. Unlike fixed voice
availability, which, as we explain above,
is relatively stable, the combination of
footprint, technology, and spectrum for
mobile voice services is changing more
rapidly. Collecting mobile voice
deployment data therefore provides
significant public interest benefits that
outweigh the burdens associated with
the collection. In any event, we find that
requiring mobile wireless providers to
submit their coverage area boundaries
will not add a significant burden.
53. Providers should submit polygons
representing geographic coverage
nationwide (including U.S. territories)
by transmission technology (e.g., GSM,
CDMA, HSPA, VoLTE) and by
frequency band (e.g., 700 MHz, Cellular,
PCS, AWS). For example, if a provider
offers both GSM and CDMA voice
services in both the Cellular band and
the PCS band, then this would result in
four different polygons: (1) GSM in the
Cellular band; (2) CDMA in the Cellular
band; (3) GSM in the PCS band; and (4)
CDMA in the PCS band. The polygons
should represent voice coverage
boundaries where providers expect
users to be able to make, maintain, and
receive voice calls. To reflect changes in
both GIS and mobile technologies, and
spectrum bands used over time, the
Wireline Competition Bureau, in
consultation with the Wireless
Telecommunications Bureau, will
update coverage resolution, network or
transmission technologies, and
spectrum bands used on Form 477.
54. As discussed above, the Spectrum
Dashboard and license build-out
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notifications are insufficient for
analyzing deployment. The Spectrum
Dashboard or the licensee build-out
notifications do not indicate the type of
service or technology deployed, are filed
infrequently, and in some cases, are not
a reflection of networks that are being
used to offer service. The Commission
currently licenses a dataset from a
commercial source, Mosaik, for data on
mobile voice network deployment.
Mosaik provides coverage boundary
maps for every facilities-based mobile
wireless provider and each mobile
network technology a provider has
deployed, including those networks
used to provide mobile voice service.
However, Mosaik reports advertised
coverage as reported to it by many
mobile wireless operators, each of
which may use a different definition of
or standard for determining coverage.
Therefore, the data are not consistent
across geographic areas and service
providers. In addition, the Mosaik data
do not capture any information about
the spectrum bands that operators use
for mobile network deployment. Hence,
we conclude that the Mosaik data are
not sufficient for monitoring mobile
voice network deployment and the
mobile voice technology transition at
this time, and that it is now necessary
to collect mobile voice deployment data
through Form 477.
55. Accordingly, we will require
providers of mobile wireless voice
service to end users to submit digital
representations, with the associated data
discussed above, depicting their mobile
voice network coverage areas. These
data, in conjunction with similar data
on mobile broadband deployment
discussed above, will enable the
Commission to analyze the extent of
deployment in different spectrum
bands. It also will help the Commission
project market trends and adjust its
spectrum and competition policies. We
also find that collection of mobile voice
deployment data will assist in the
Commission’s efforts in the areas of
emergency response and disaster relief
by identifying the providers that
typically serve an affected area.
B. Subscription Data
56. Subscription information enables
the Commission to fulfill its statutory
and regulatory duties. For the past
thirteen years, the collection of
subscription data via Form 477 has
served as the Commission’s principal
tool for monitoring telephone and
broadband subscriptions and
competition. Form 477 subscription
data also enable the Commission to
evaluate barriers to adoption, administer
and reform the universal service
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program, monitor the PSTN-to-IP
conversion by providing insight into
how many customers rely on each type
of network technology in each area, and
better assess which services are
purchased independently or in
combination with other services. These
data also support the Commission’s
efforts to ensure public safety by
providing a measure of what networks
and providers customers rely on in each
area.
57. Commenters generally support the
continued collection of subscription
information for voice and broadband
services. Indeed, many commenters
acknowledge the importance of
collecting subscribership data because,
for example, ‘‘it provides valuable
insight for both competition monitoring
and public safety purposes, especially
because it indicates the degree to which
subscribers are reliant upon particular
networks for services and E–911
delivery.’’ Because subscription data are
necessary to allow the Commission to
fulfill its statutory purposes, we
continue to collect broadband and voice
subscription data. For the reasons set
forth below, we revise the subscription
data speeds to better reflect current
market offerings and improve the
Commission’s ability to assess
broadband deployment and adoption.
We also will now collect fixed voice and
interconnected VoIP subscription data
by census tract.
58. We eliminate questions and
requirements on the current Form 477
that require certain broadband providers
to report information about the
availability of broadband service, as
opposed to information about actual
subscribership to broadband service.
These questions are no longer necessary
in light of the new Form 477 collection
of broadband deployment data,
discussed above. Specifically, we will
eliminate Part I.B of the current form,
which requires, by state: (1) Each
incumbent LEC with any DSL
connections in service to report its best
estimate of the percentage of residential
end user premises in its service area to
which its DSL connections could be
provided using installed distribution
facilities, (2) each cable system with any
cable modem connections in service to
report its best estimate of the percentage
of residential end user premises in its
service area to which its cable modem
connections could be provided using
installed distribution facilities, and
(3) each network operator serving any
terrestrial mobile wireless broadband
subscribers to report the total number of
subscribers (i.e., including broadband,
broadband plus voice, and voice-only
subscribers) whose mobile device is
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capable of sending or receiving data at
information transfer rates exceeding 200
kbps in at least one direction. In
addition, we eliminate the requirement
that fixed broadband providers submit
data for every census tract within their
‘‘defined service territory’’ regardless of
the number of subscribers in the tract.
By eliminating these questions, we
protect against duplication in our
collection and reduce the burden on
filers by narrowly tailoring our
collection of data to those most useful
to the Commission.
59. In addition, we eliminate the
requirement that broadband providers
submit state-level data on the
percentage of their connections that are
billed to end users and the percentage
that are equipped over their own
facilities. The Commission typically
does not rely on these metrics at this
level for competitive analysis, nor has it
reported them in its semiannual Internet
Access Services reports. Eliminating
them would greatly simplify the revised
Form 477 and its data collection
interface, and would reduce burden for
filers.
60. We also modify our current data
collection in several ways to eliminate
unnecessary information and produce
data better suited to competitive
analysis. We remove the requirement
that providers of local exchange
telephone service report the number of
lines provided to unaffiliated
communications carriers as UNEPlatform (UNE–P). We also eliminate
reporting of the percentage of end-user
lines provided over UNE–P. In addition,
providers of interconnected VoIP
service will no longer be required to
report the number of companies
purchasing their VoIP components or
service for resale. The Commission
typically does not rely on this metric at
this level for competitive analysis. We
also simplify the categories of
information interconnected VoIP
providers must provide. Currently, the
Form requires filers to report the
percentage of VoIP subscriptions with
nomadic functionality. We find the
burdens of this reporting distinction do
not outweigh the benefits and so
eliminate the nomadic category. Finally,
we will require local exchange
telephone service providers to report, by
state, how many of their access lines are
bundled with broadband. This
information about bundling can be
evidence of consumers’ willingness to
switch voice service providers, and
hence improves our competitive
analysis.
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1. Speed Data
61. The NPRM sought comment on
whether the Commission should reduce
the number of speed tiers that
broadband providers report, and
whether to adopt the same speed tiers
for subscription and deployment. We
currently collect subscribership data for
eight tiers of advertised download
speeds and nine tiers of advertised
upload speeds, leading to 72 possible
combinations.
62. In order to conform our collection
of broadband subscription data to the
approach we take for broadband
deployment data, we eliminate the use
of speed tiers for broadband
subscription data. Providers will no
longer organize broadband subscription
data into predetermined tiers. Instead,
filers will be required to provide the
number of broadband connections by
the advertised speeds associated with
each product subscribed to in the
relevant geographic area. Fixed
providers will report connections by the
maximum advertised upload and
download speeds in each census tract,
while mobile providers will report
connections by minimum advertised
upload and download speeds in each
state. These changes to how we collect
speed data will permit the Commission
to conduct a consistent analysis of
subscription and deployment data and,
because they will no longer be required
to categorize the number of connections
into our speed tiers, will reduce burdens
on filers. Despite some commenter
assertions to the contrary, we conclude
that on balance, there are advantages to
having a consistent collection of
deployment and subscription speed
data. For example, a consistent
collection will make the Commission’s
analysis of broadband availability
simpler and more reliable. Moreover,
over the long term, unifying the
collection of speed data for deployment
and subscription will minimize
providers’ burdens.
63. For the reasons stated above in the
section addressing deployment data, we
find that it is not appropriate or feasible
to collect actual speed information from
broadband providers via Form 477 at
this time. Accordingly, providers will
report subscription speed tier
information based on advertised speed.
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2. Geographic Area
a. Fixed Voice and Interconnected VoIP
64. Form 477 currently collects fixed
voice and interconnected VoIP
subscription data at the state level and
requires providers of these services to
submit a list, by state, of the five-digit
ZIP codes in which they provide service
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to end-user customers. As noted above,
for purposes of Form 477, satellite
providers of voice services are
considered fixed voice service
providers. For the reasons set forth
below, we will now collect the number
of total and residential fixed voice and
interconnected VoIP subscriptions by
census tract, much like we currently do
for fixed broadband subscription data.
We will no longer require providers of
these services to submit the list of ZIP
codes in which they provide service to
end-user customers.
65. Collecting fixed voice and
interconnected VoIP subscription data
by census tract will improve the
Commission’s ability to measure and
conduct analyses of retail voice
competition. We currently collect fixed
broadband subscription data by census
tract, and consumers often purchase
fixed broadband and voice services
together. Collecting fixed voice and
interconnected VoIP subscription data
at the same geographic level as fixed
broadband data will allow us to
calculate retail market shares for voice
services by census tract in most census
tracts, and will give us a better
understanding of competition in the
remainder. The state-level fixed voice
and interconnected VoIP subscription
data currently collected on 477 are
insufficiently granular to provide
insight into competition, and, for
example, does not enable calculation of
retail market shares—even at the state
level because providers’ footprints do
not cover entire states.
66. Collecting fixed voice and
interconnected VoIP subscription data
at a more granular geographic level will
permit the Commission to analyze
subscription patterns for particular
populations that are identifiable at the
census tract, such as consumers residing
in rural areas. Collecting fixed voice and
interconnected VoIP subscription data
by census tract will also help the
Commission analyze fixed voice
adoption in rural, insular, and high-cost
areas of the country with greater
refinement than at the state level, in
accordance with the Commission’s
universal service policies to ensure that
‘‘[c]onsumers in all regions of the
Nation, including low-income
consumers and those in rural, insular,
and high cost areas, . . . have access to
telecommunications and information
services . . . that are reasonably
comparable to those services provided
in urban areas.’’ Further, collecting data
for these services by census tract will
provide more insight into incumbent
local exchange carrier (ILEC) access line
loss trends. ILECs frequently point to
their overall line losses as justification
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for regulatory relief. We currently lack
data showing the geographic
distribution of these line losses, and
whether customers leaving ILECs are
going to cable or cutting the cord.
67. We recognize that some fixed
voice and interconnected VoIP service
providers may not be accustomed to
reporting subscription data by census
tract and may not currently have the
internal capability to associate
subscriber addresses with census tracts.
However, providers that offer both fixed
broadband and fixed voice services
already report fixed broadband
subscription data to the Commission by
census tract, and those who also
participate in NTIA’s SBI program also
report fixed broadband deployment data
by census block. Accordingly, many
fixed voice and interconnected VoIP
service providers already have
experience using census data. The
burden associated with requiring these
providers to file fixed voice and
interconnected VoIP subscription data
by census tract will likely be small
because such providers will be able to
leverage existing processes for voice
subscriptions. To the extent that filers
do not have prior experience using
census data, we believe that collecting
subscription data for fixed voice and
interconnected VoIP by census tract will
improve the quality of the data we
receive to such a degree that the benefits
outweigh any additional burden on
providers. As the Commission has
explained, census tracts ‘‘are more
stable and static’’ than ZIP codes,
‘‘correspond more consistently to actual
locations, are less likely to reveal
individual identifiable information
about consumers, and can be correlated
with valuable demographic data
(including race, income, and
education).’’
68. Some commenters assert that the
Commission should collect both
subscription and deployment data at the
same geographic area level. Although
we recognize that there may be benefits
to collecting deployment and
subscription data at the same geographic
level, we decline to collect subscription
data at a level more granular than the
census tract at this time. As we have
discussed, collecting fixed voice,
interconnected VoIP, and broadband
subscription data by census tract
provides substantial benefits without
unduly burdening filing entities. At the
same time, we believe that more
granular subscription data would be
preferable, if the burden on filers were
not significantly increased. If there were
no or minimal additional burden to file
by census block than by census tract, we
would favor collecting subscription and
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deployment data at the same geographic
level.
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C. Further Ways To Reduce Form 477
Filing Burdens
69. We are committed to improving
the data that the Commission collects
even as we continue to explore ways to
make the Form 477 filing less
burdensome. We therefore direct the
Wireline Competition Bureau, in
consultation with the Wireless
Telecommunications Bureau, to explore
technical improvements to the Form 477
filing mechanism that may make the
process easier for filers. The Bureaus
should explore, for example, whether a
client-side software application that
would automate for providers some of
the potentially burdensome tasks of
sorting, formatting, and geocoding their
data might reduce the burden of filing
Form 477. The Bureaus should test any
client-side software application with
different filers representing different
segments of the industry and obtain
their feedback. If, through this process,
the Bureaus identify a way to make the
filing process less burdensome, we
direct the Bureaus to make such
software application available to assist
filers in complying with the obligations
set forth in this Order.
70. In addition to making current
filing obligations less burdensome,
technical improvements to the filing
mechanism may also make it possible to
collect more granular data without a
significant increase in burden to filers.
For example, a software solution may
reduce the filing burden sufficiently to
justify collecting more granular
subscription data. If the development
and testing process described above
proves this to be the case, we may
consider moving voice and broadband
subscription data, for fixed and possibly
mobile services, to the census block.
Even if the Commission chooses not to
collect mobile subscription data by
census block, any technical
improvements developed to collect
fixed subscribership data by census
block may be useful in collecting mobile
subscribership at another sub-state
geography (such as counties) with
minimal burden. Technical
improvements to the Form 477 filing
process may also enable the
Commission, in the future, to consider
collecting additional data.
D. Company Identification and Contact
Information
71. We require entities filing Form
477 to provide additional company
identification and contact information.
In addition to the current Form 477
requirements, we will require filers to
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report the company’s Universal Service
Administrative Company (USAC) study
area codes, USAC 499 identification
numbers, and Web site address. We will
also require that filers report the title of
their certifying official and the name,
phone number, and email address of
their emergency operations contact.
This information will assist the
Commission in fulfilling its universal
service mandate, evaluating merger,
forbearance, and other applications, and
protecting public safety.
72. We require additional company
identification information for several
reasons. The Commission currently
allows Form 477 filers to consolidate
data for multiple operations within a
state on a single submission, and filers
are permitted to determine the
organizational level at which they
submit their filings. As noted in the
NPRM, a parent or holding company
may file on behalf of its subsidiaries or
the subsidiaries may file their own Form
477. Accordingly, we will now require
filers to report, in each 477 filing, the
company’s Universal Service
Administrative Company (USAC) study
area codes, USAC 499 identification
numbers, and Web site address. This
information enables us to aggregate,
compare, and analyze, by a common
provider, the various data we collect
through different forms and filing
requirements.
73. Some commenters assert that
additional company identification
information is not necessary and will
not ‘‘meaningfully enhance the
Commission’s general understanding of
the broadband ecosystem, or its general
understanding of the state of local
competition.’’ We disagree. Companies
reporting data to the Commission via
Form 477 often have multiple
relationships with the Commission, and
collection of these data would improve
our understanding of the ownership and
corporate affiliations of voice and
broadband providers. In addition,
knowledge of common ownership
relationships among different operating
companies in a region is essential to
understanding competition, including
conducting merger analyses, as well as
ongoing vigilance against waste, fraud,
and abuse of universal service funding.
The current reporting requirements do
not provide a sufficiently clear picture
of the interrelationships that may exist
among various providers and of the
markets for which data are reported.
74. We recognize that the Commission
currently collects some company
identification information in other
contexts. Although these collections do
not duplicate the information collection
we adopt in this Order—they apply to
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small subsets of the universe of Form
477 filers and do not request the same
level of detail—we nonetheless take
precautions to ensure that no entity is
burdened with duplicative filings.
Accordingly, we direct the Wireline
Competition Bureau, in consultation
with the Wireless Telecommunications
Bureau, to identify any circumstances in
which the collection of company
identification information on Form 477
may duplicate another Commission
collection, and to exempt filers from the
latter in those instances.
75. We will also require that filers
report the name, phone number, and
email address of their emergency
operations contact. The information
currently collected by Form 477 is not
sufficient for use in promptly contacting
providers’ network operating centers
during emergencies. Some commenters
support the collection of additional
emergency contact information. For
example, Qwest states that this
information should be collected, since
‘‘[e]mergency contact information could
be added to Form 477 without placing
any material burden on the service
providers.’’ However, other commenters
argue that Form 477 is not the
appropriate vehicle for the Commission
to collect this contact information.
76. The Commission needs this
emergency operations contact
information to fulfill its statutory public
safety mandates. The Commission must
be able to directly contact individuals
who can provide information on
network status during natural disasters
or other emergencies. As a mandatory,
recurring filing by providers of
telephone and broadband service, we
find that Form 477 will be a particularly
effective vehicle for collecting
emergency contact data that are
comprehensive and current, with a
relatively small burden on filers. The
Commission currently has no
structured, recurring, mandatory
collection of contact information in
place specifically for use in emergencies
affecting telephone and/or broadband
networks. The Commission’s Disaster
Information Reporting System (DIRS)
does collect contact information, but
only on a voluntary basis for use during
large-scale disasters. It is important for
the Commission to have contact
information from all providers that file
Form 477, including those providers
that do not choose to participate in
DIRS, and that this information is
updated consistently.
77. Finally, filers of Form 477 will be
required to report the name, title, and
contact information of their certifying
official. This essential information
provides assurance and the ability to
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confirm if needed that the certifying
official has the authority to certify that
the data submitted is accurate and
truthful.
E. Disclosure of Data Collected on Form
477
78. NTIA’s SBI deployment data are
available to the public and have proved
to be a valuable resource to academic
researchers and federal and state
government agencies. While we make
no changes to our current treatment of
subscription data, we expect that
increased public access to disaggregated
subscription data could provide similar
benefits. The Commission already
makes provider-specific subscription
data available to state commissions that
are able to maintain their confidentiality
and to other federal agencies upon
request, pursuant to confidentiality
conditions. We believe that greater
access to the subscription data might be
feasible, and beneficial, without
compromising competitively sensitive
information. Accordingly, we delegate
authority to the Wireline Competition
Bureau, in consultation with the
Wireless Telecommunications Bureau,
to explore ways to allow greater public
access to Form 477 subscription data,
and to increase access to such data if the
Bureaus determine, after seeking public
comment, that this can be accomplished
in a manner that addresses concerns
about the competitive sensitivity of the
data and precludes public disclosure of
any confidential information.
79. Subscription Data. In the NPRM,
the Commission sought comment on
how best to provide stakeholders with
useful data while protecting filers’
legitimate confidentiality interests.
Specifically, the Commission asked
whether it should retain the simple
check-box on Form 477 that filers can
use to request confidential treatment for
data submitted on that form, or whether
there are classes of information that
should always be considered public.
The first page of Form 477 includes a
check box that allows providers to
request nondisclosure of all or portions
of their submitted data without filing at
this point in the process the detailed
confidentiality justification required by
section 0.459 of our rules. If the
Commission receives a request for, or
proposes disclosure of, the information
contained in Form 477, the provider
will be notified and required to make
the full showing under section 0.459 of
our rules. Based on the record before us,
we retain our existing procedures with
respect to subscription data. We thus
will continue to allow filers to request
confidential treatment of their reported
subscription data by checking a box on
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Form 477. At the same time, we
recognize that there may be benefits to
increasing public access to Form 477
subscription data, and some
commenters argue that the public
should have access to this information.
For now, we find that our current
approach appropriately balances the
filers’ disclosure concerns with the
public need for access to this
information.
80. While we do not expand public
access to Form 477 subscription data at
this time, we delegate authority to the
Wireline Competition Bureau, in
consultation with the Wireless
Telecommunications Bureau, to explore
ways to allow greater public access to
Form 477 subscription data, and to
increase public access to such data if
this can be accomplished in a manner
that addresses concerns about the
competitive sensitivity of the data. In
particular, in the NPRM, the
Commission asked whether the
Commission should allow researchers to
review disaggregated Form 477 data,
consistent with the recommendations of
the National Broadband Plan. We direct
the Bureaus to develop a plan to enable
such access. The Bureaus should
propose a definition of ‘‘researcher,’’
identify reasonable terms and
conditions of access, and define a
standard to ensure that sensitive data
are not revealed through disclosure by
such researchers. The NPRM also sought
comment on whether ‘‘the passage of
time diminish[es] the commercial
sensitivity of certain types of data.’’ We
direct the Bureaus to develop a process
or standard under which the
Commission could make disaggregated
Form 477 subscription data available to
the public after the passage of a certain
period of time (three years, for
example), and under what terms or
conditions, if any, the data should be
disclosed. For example, the Bureau
should consider whether historical data
should be available only pursuant to
protective order, or whether other
restrictions on use or publication would
be appropriate. If the Bureaus identify
ways to increase public access to
subscription data while addressing
concerns about the competitive
sensitivity of the data, we direct the
Bureaus to increase public access
accordingly.
81. Deployment Data. We are
collecting deployment data for the first
time and thus must make a
determination regarding the confidential
treatment of such data. Some
commenters argue that this information
should be available to the general
public. Other commenters make general
arguments that all data collected by
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Form 477 should be given confidential
treatment. We believe that deployment
data should be made public to at least
the same extent as NTIA has been
making them public via the National
Broadband Map. Unlike subscription
data, which may be sensitive vis-a`-vis
competitors and of relatively low value
to the general public, deployment data
are very useful to the public,
particularly to potential customers that
wish to understand and compare their
service options. Indeed, many providers
make such data available to the public
on their Web sites.
82. We find that dissemination of
deployment data promotes a more
informed, efficient market. By allowing
public release of as much of the
information as possible, associations,
scholars, and others will be able to use
the information in their independent
analyses of Commission policies,
thereby aiding the Commission in
crafting regulations that address specific
market problems and eliminating those
regulations that have outlived their
usefulness. Finally, making these data
available to the public provides
consumers, states, and experts the
opportunity to review the data to ensure
the accuracy of the information.
However, we note that mobile
deployment data will include certain
specific spectrum and speed parameters
that may be used by providers for
internal network planning purposes.
Filers may request confidential
treatment of those specific elements of
their deployment data on Form 477. We
plan, however, to make the mobile
coverage areas by technology and by an
aggregated range of speeds available to
the public.
83. All other deployment data will be
treated as public data. While filers are
not precluded from seeking confidential
treatment pursuant to the Commission’s
rules for the deployment data they file,
the streamlined check-box option will
not apply to the deployment data
collected on Form 477. Thus, consistent
with our rules, filers seeking
confidential treatment of deployment
data must submit a request that the data
be treated as confidential with the
submission of their Form 477 filing,
along with their reasons for withholding
the information from the public.
84. Company Identification
Information. Some commenters argue
that all data collected by Form 477
should be given confidential treatment.
In this instance, the type of company
identification information collected on
Form 477 is not competitively sensitive
information of the type that the
Commission has in the past treated as
confidential. Accordingly, we will not
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limit disclosure of company
identification information by allowing
filers to check a box on Form 477
requesting confidential treatment of that
information. While filers are not
precluded from seeking confidential
treatment of company identification
information pursuant to the
Commission’s rules, there will be no
streamlined check-box option. Filers
seeking confidential treatment of
company identification information
must therefore submit a request that the
information be treated as confidential
with the submission of their Form 477
filing, along with their reasons for
withholding the information from the
public.
85. Emergency Contact Information.
As noted above, we will now collect the
name, phone number, and email address
of each Form 477 filer’s emergency
operations contact. The Commission
needs this information to promptly
contact providers’ network operating
centers during emergencies. We agree
with commenters that this information
is confidential. Accordingly, for the
reasons set forth below, we find that
these emergency operations contact data
are information that should not be
routinely available for public
inspection. Form 477 is filed securely
through an online password protected
system. Providers submitting this
information on Form 477 will not be
required to submit a request for
nondisclosure of the emergency
operations contact information.
Requests for inspection of this
information must include a persuasive
showing as to the reasons for inspection
of the data. When considering such
requests, the Commission will weigh the
policy considerations favoring
nondisclosure against the reasons cited
for permitting inspection in the light of
the facts of the particular case. We will
provide notice to relevant filers of
requests to review this information
pursuant to the Commission’s FOIA
rules.
86. We find that emergency
operations contact information is
confidential and subject to Freedom of
Information Act (FOIA) Exemption 4,
which protects ‘‘trade secrets and
commercial or financial information
obtained from a person and privileged
or confidential.’’ In circumstances in
which commercial information is
required to be submitted to the
government, FOIA Exemption 4 permits
us to withhold such records where
release would likely cause substantial
harm to the competitive position of the
submitting party. Communications
providers do not make information
about how to contact their network
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operations centers available to the
public. Instead, they provide contact
information to the public that will not
disrupt their network operations. The
release of this commercial information
to the public would likely result in
direct commercial and financial harm to
the providers’ business operations.
Public disclosure of this information
could present an unacceptable risk of
disrupting communications providers’
operations, including repair operations
during communications outages or other
emergencies. Network operations
centers could be flooded with calls
during emergencies when the staff at
those centers should be focused on
providing or restoring communications
services. Interference with a
communications provider’s work to
ensure the continued, robust operation
of its communications services would
clearly result in commercial harm to
business operations.
87. Under FOIA Exemption 4, we are
also obliged to consider any adverse
impact that disclosure might have on
government programs, including the
impact on the Commission’s ability to
implement its statutory responsibility
under section 1 of the Act to ensure that
communications services are adequate
to promote ‘‘safety of life and property.’’
Public disclosure of this information
would likely result in increased call
volume to providers’ network
operations centers. This could result in
potential harm to public safety by
interfering with communications
providers’ network operations and
ability to provide communications
service. Further, the Commission and
other government agencies might be
unable to contact network operations
centers when needed, adversely
impacting their ability to fulfill statutory
and other obligations to ensure adequate
communications services. Finally,
access to providers’ emergency
operations contact information will not
advance the public’s interest in learning
of Commission actions and
communications service providers
publicize contact information that does
not interfere with their operations.
Accordingly, we conclude that this
information is sensitive data entitled to
confidential treatment and should be
exempt from routine public disclosure
under FOIA.
IV. Legal Authority
88. The NPRM set out several sources
of legal authority that support the
proposals to collect additional data,
stated that the Commission believed
that its authority was sufficient, and
sought comment on that conclusion. To
the extent that commenters questioned
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the Commission’s authority to collect
the types of data required under this
Order, we have addressed those
comments above. Our authority to adopt
this Order and the accompanying rules
lies in sections 4(i), 201, 214, 218–220,
251–252, 254, 303(r), 310, 332, and 403
of the Communications Act of 1934, as
amended (the Act), as well as section
706 of the Telecommunications Act of
1996. As discussed elsewhere in this
Order, for example, these data are
important inputs into the annual
Broadband Progress Reports required by
section 706. Deployment and
subscription data are also critical for the
Commission to fulfill its responsibilities
under section 254, including the
requirement that its universal service
policies ensure that consumers in all
regions ‘‘have access to
telecommunications and information
services, including interexchange
services and advanced
telecommunications and information
services, that are reasonably comparable
to those services provided in urban
areas,’’ and is critical to measuring
whether we are meeting those
responsibilities. As discussed above, we
also need deployment and subscription
data to further public safety goals. With
respect to mobile broadband
deployment and subscription data, we
also note that such data will help the
Commission to carry out its spectrum
management related responsibilities
under Title III of the Act. To the extent
that the Form 477 data collection
applies to interconnected VoIP
providers, and to the extent that
interconnected VoIP services are not
telecommunications services, we have
both direct authority, as well as
ancillary authority, to require the
submission of these data based on the
necessity of collecting such information
in order for the Commission to be able
to carry out its statutory obligations
with regard to carriers.
V. Procedural Matters
A. Paperwork Reduction Act Analysis
89. This document contains new and
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. It will be submitted to the
Office of Management and Budget
(OMB) for review under Section 3507(d)
of the PRA. OMB, the general public,
and other federal agencies are invited to
comment on the new and modified
information collection requirements
contained in this proceeding. In
addition, we note that pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
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3506(c)(4), we previously sought
specific comment on how the
Commission might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
90. In this present document, we have
assessed the effects of revising Form 477
to collect additional subscription data
on fixed voice and interconnected VoIP
services; deployment data on voice and
broadband services; and company
identification and contact information,
and find that these collections must be
collected from all providers, including
small business providers, to be effective
in helping the Commission meet its
statutory requirements.
B. Final Regulatory Flexibility Analysis
91. As required by the Regulatory
Flexibility Act of 1980, as amended, the
Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
for this Report and Order, of the
possible significant economic impact on
a substantial number of small entities by
the policies and rules addressed in this
document. The FRFA is attached to this
item as Appendix C. The Commission
will send a copy of this item, including
the FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA).
C. Congressional Review Act
92. The Commission will send a copy
of this Report and Order to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
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VI. Final Regulatory Flexibility
Analysis
93. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated into
the 2011 Data Gathering Notice. The
Commission sought written public
comment on the proposals in the 2011
Data Gathering Notice, including
comment on the IRFA. The comments
received are discussed below. This
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Report and Order
94. In this Report and Order (Order),
the Commission modifies the FCC Form
477 data collection to streamline the
collection and improve the quality of
the data collected. Form 477 is the
Commission’s primary tool for
collecting data about broadband and
local telephone networks and services.
The revisions to the form adopted today
will expand and refine the data
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available to the Commission to fulfill its
statutory duties.
95. For the last three years, data on
broadband deployment have been
collected by the National
Telecommunications and Information
Administration (NTIA) to populate the
National Broadband Map. But NTIA’s
collection program is nearing its
completion. NTIA’s State Broadband
Initiative (SBI) collection of deployment
data is scheduled to expire in 2014;
given the critical role such data play in
meeting the goals of Congress and the
Commission, it is the Commission’s
responsibility to ensure that no gap
exists in the collection of these data. In
today’s Order, the Commission assumes
the responsibility for collection of
broadband deployment data, with some
modifications to streamline and reduce
the burdens on providers while making
other modest improvements. With
regard to subscription data, the
Commission takes measures to reduce
burdens while improving the quality of
the data it collects. To enhance its
ability to meet public safety needs and
obligations, the Commission will collect
emergency contact information from
providers. Finally, the Commission
requires filers to report certain company
identification information, which will
facilitate transaction reviews, as well as
ongoing vigilance against waste, fraud,
and abuse of universal service funding.
96. Data about broadband and voice
deployment and subscription are
essential to the Commission’s ability to
fulfill its statutory obligations and play
a vital public interest role for other
state, local, and federal agencies,
researchers, and consumers. Data
collected through Form 477 and NTIA’s
SBI program play an essential role in the
Commission’s work: the Commission
uses these data to meet its statutory
obligation to assess annually the state of
broadband availability, update its
universal service policies and monitor
whether its statutory universal service
goals are being achieved, and meet its
public safety obligations. The
Commission also makes the data
available to states, researchers, and the
public to inform their own activities and
decisions regarding voice and
broadband networks and services.
97. Many of these obligations flow
directly from statute. Significantly, the
Broadband Data Improvement Act
(BDIA) requires that the Commission
conduct an annual inquiry concerning
the ‘‘availability of advanced
telecommunications capability to all
Americans.’’ As part of this inquiry, the
Commission must ‘‘determine whether
advanced telecommunications
capability is being deployed to all
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Americans in a reasonable and timely
fashion.’’ If the Commission’s
conclusion is negative, it must ‘‘take
immediate action to accelerate
deployment of such capability by
removing barriers to infrastructure
investment and by promoting
competition in the telecommunications
market.’’ The Commission has observed
that the data collected on Form 477 to
date have been imperfect for the
purpose of assessing broadband
deployment and availability, as
subscription data are a highly imperfect
proxy for network deployment.
98. Deployment and subscription data
are also needed to fulfill the
Commission’s universal service
mandate. The Communications Act of
1934, as amended, requires the
Commission to base its universal service
policies on a number of principles,
including that ‘‘[c]onsumers in all
regions of the Nation, including lowincome consumers and those in rural,
insular, and high cost areas, should
have access to telecommunications and
information services . . . that are
reasonably comparable to those services
provided in urban areas.’’ The
Commission currently relies on SBI data
for a number of universal service
policies. For example, the Commission
has relied on the SBI data to determine
areas eligible for support in Connect
America Phase I, and has stated that it
will rely on SBI data for determining
areas eligible for support in Connect
America Phase II. In addition, the
Commission has sought comment on
using SBI data to determine areas
eligible for the Remote Areas Fund.
Over time, the Commission’s reliance on
the SBI data to support its universal
service policies will transition to
reliance on data collected on Form 477.
Thus, the data collected in Form 477 are
critical to measuring whether we are
meeting our universal service mandate.
99. Accurate, detailed data about
deployment and subscription also help
further the Commission’s public safety
goals. In disaster situations, for
example, the Commission uses these
data to identify service providers likely
to be affected and alternative sources of
critical communications. The collection
of deployment and subscription data
help the Commission monitor the
performance of both legacy circuitswitched networks and broadband
networks, to ensure that consumers can
access emergency services as service
providers transition from one
technology to the other.
100. Moreover, in addition to the
Commission’s use of the data, there
have been tremendous public interest
benefits to other federal and state
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agencies and the general public from the
FCC’s and NTIA’s data collections. Use
of the National Broadband Map
application, and access to the data via
download or Application Programming
Interfaces, has been extensive.
101. As discussed below, we will now
collect fixed and mobile broadband
deployment data. Combining network
deployment information with service
availability data, as well as subscription
information, will assist the Commission
in a number of analyses, including the
annual broadband progress report, the
Annual Mobile Wireless Competition
Report, the state of competition in the
mobile wireless industry, and review of
mergers and spectrum transactions. The
mobile broadband deployment data, in
conjunction with similar data on mobile
voice deployment, will enable the
Commission to analyze the extent of
deployment in different spectrum
bands, and technologies. These data will
enable us to analyze deployment in
different spectrum bands, and to
structure our spectrum, infrastructure,
and competition polices effectively and
efficiently in a rapidly evolving mobile
marketplace. The National Broadband
Plan states that mobile broadband is
poised to become a key platform for
innovation in the United States over the
next decade. For mobile service
deployment, spectrum is an essential
input as the transmission pipe.
Understanding how spectrum bands and
technologies have actually been
deployed in different areas will greatly
facilitate the formulation of sound and
informed spectrum policies, including
how best to make additional spectrum
available for licensed, unlicensed and
opportunistic uses. The mobile
broadband deployment data, indicating
speed, technology, and spectrum band
used, will enable us to better assess the
wireless marketplace to ensure that our
spectrum and competition policies
accommodate growing demand and
evolving technologies in the provision
of mobile broadband services.
102. With respect to mobile
broadband, the Commission continues
NTIA’s SBI collection, with certain
modifications to reduce burdens while
improving the data to fulfill our
statutory purposes and policy goals.
These modifications include additional
technology codes, separation of
coverage areas by unique combinations
of technology, spectrum and speed, and
minimum, rather than maximum,
advertised speed. Specifically, for each
mobile broadband network technology
(e.g., EV–DO, WCDMA, HSPA+, LTE,
WiMAX) deployed in each frequency
band (e.g., 700 MHz, Cellular, AWS,
PCS, BRS/EBS), facilities-based mobile
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broadband providers should submit
polygons representing the nationwide
coverage area (including U.S. territories)
of that technology. Collecting these
deployment data on mobile broadband
network technologies, in conjunction
with data on spectrum and minimum
advertised speeds, will improve the data
needed to fulfill the Commission’s
statutory purposes and policy goals. As
with fixed broadband deployment data,
we direct filers to report data on
advertised speeds and reduce the
burden of associating these speeds with
predetermined speed tiers. To reduce
burdens, we also allow mobile
broadband providers to submit coverage
maps on a nationwide rather than stateby-state basis.
103. Subscription information enables
the Commission to fulfill its statutory
and regulatory duties. For the past
thirteen years, the collection of
subscription data via Form 477 has
served as the Commission’s principal
tool for monitoring telephone and
broadband subscriptions and
competition. Form 477 subscription
data also enable the Commission to
evaluate barriers to adoption, administer
and reform the universal service
program, monitor the PSTN-to-IP
conversion by providing insight into
how many customers rely on each type
of network technology in each area, and
better assess which services are
purchased independently or in
combination with other services. These
data also support the Commission’s
efforts to ensure public safety by
providing a measure of what networks
and providers customers rely on in each
area.
104. The Commission will now
collect the number of total and
residential fixed voice and
interconnected VoIP subscriptions by
census tract, much like it currently does
for fixed broadband subscription data.
The Commission will no longer require
providers of these services to submit the
list of ZIP codes in which they provide
service to end-user customers.
105. Collecting fixed voice and
interconnected VoIP subscription data
by census tract will improve the
Commission’s ability to measure and
conduct analyses of retail voice
competition. The Commission currently
collect fixed broadband subscription
data by census tract, and consumers
often purchase fixed broadband and
voice services together. Collecting fixed
voice and interconnected VoIP
subscription data at the same geographic
level as fixed broadband data will allow
the calculation of retail market shares
for voice services by census tract in
most census tracts, and will give the
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Commission a better understanding of
competition in the remainder.
106. The Commission requires
additional company identification
information for several reasons. The
Commission currently allows Form 477
filers to consolidate data for multiple
operations within a state on a single
submission, and filers are permitted to
determine the organizational level at
which they submit their filings. A
parent or holding company may file on
behalf of its subsidiaries or the
subsidiaries may file their own Form
477. Accordingly, the Commission will
now require filers to report, in each 477
filing, the company’s Universal Service
Administrative Company (USAC) study
area codes, USAC 499 identification
numbers, and Web site address. This
information enables the Commission to
aggregate, compare, and analyze, by a
common provider, the various data it
collects through different forms and
filing requirements.
107. The Commission will also
require that filers report the name,
phone number, and email address of
their emergency operations contact. The
information currently collected by Form
477 is not sufficient for use in promptly
contacting providers’ network operating
centers during emergencies. Some
commenters support the collection of
additional emergency contact
information. For example, Qwest states
that this information should be
collected, since ‘‘[e]mergency contact
information could be added to Form 477
without placing any material burden on
the service providers.’’ However, other
commenters argue that Form 477 is not
the appropriate vehicle for the
Commission to collect this contact
information.
108. The Commission needs this
emergency operations contact
information to fulfill its statutory public
safety mandates. The Commission must
be able to directly contact individuals
who can provide information on
network status during natural disasters
or other emergencies. As a mandatory,
recurring filing by providers of
telephone and broadband service, Form
477 will be a particularly effective
vehicle for collecting emergency contact
data that are comprehensive and
current, with a relatively small burden
on filers. The Commission currently has
no structured, recurring, mandatory
collection of contact information in
place specifically for use in emergencies
affecting telephone and/or broadband
networks. The Commission’s Disaster
Information Reporting System (DIRS)
does collect contact information, but
only on a voluntary basis for use during
large-scale disasters. It is important for
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the Commission to have contact
information from all providers that file
Form 477, including those providers
that do not choose to participate in
DIRS, and that this information is
updated consistently.
109. Finally, filers of Form 477 will be
required to report the name, title, and
contact information of their certifying
official. This essential information
provides assurance and the ability to
confirm if needed that the certifying
official has the authority to certify that
the data submitted is accurate and
truthful.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
110. In this section, we respond to
comments filed in response to the IRFA.
To the extent we received comments
raising general small business concerns
during this proceeding, those comments
are discussed throughout the Report and
Order.
111. OPASTCO, NTCA, and WTA
assert that the Commission should
narrow its efforts and collect only that
information for which it has a legitimate
statutory or regulatory need. In addition,
they comment that, to the extent that
other avenues for gathering information
exist, the Commission should use those
avenues in order to eliminate
duplicative filing requirements for
service providers. OPASTCO et al. also
comment that the Commission must
remain mindful of the burdens new
requirements could impose on small
providers like rural LECs, and that
specifically, detailed new reporting
requirements could prove difficult for
small providers that manually maintain
physical plant records, instead of using
sophisticated computerized systems.
112. The Commission takes steps in
the Order to protect against duplication
in the Form 477 collection and reduce
the burden on filers by narrowly
tailoring the collection of data to those
most useful to the Commission. The
Commission found in the Order that the
collection of deployment and
subscription data was necessary to
fulfill a number of the Commission’s
statutory and policy goals, including its
statutory obligation to assess annually
the state of broadband availability,
update its universal service policies and
monitor whether its statutory universal
service goals are being achieved, and
meet its public safety obligations. In
addition, in the Order, the Commission
directed the Wireline Competition
Bureau, in consultation with the
Wireless Telecommunications Bureau,
to identify any circumstances in which
the collection of company identification
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information on Form 477 may duplicate
another Commission collection, and to
exempt filers from the latter in those
instances.
113. The Commission also considered
whether data available from outside
sources, including providers’ Web sites,
is sufficient to inform the Commission
about the expansion of broadband
networks. The Commission found,
however, that reliance on third-party
data is not appropriate for a primary
source of deployment data.
114. Finally, with its new collection
of deployment data, the requirements in
the Order are designed to reduce filing
burdens and increase reliability of the
data in several ways. For example, the
changes to the SBI collection are
designed to reduce filing burdens and
increase reliability of the data. The
collection will occur in a single, unified
process rather than on a state-by-state
basis. A single, nationwide filing (that
includes both deployment and
subscription data) will help eliminate
potential variations among states, and
reduce to one the number of entities
with which a multistate provider must
coordinate for its filing. In addition, the
elimination of speed tiers will reduce
burdens associated with categorizing
data into those tiers. The data will also
be more reliable because all providers
must file, and must certify to the
accuracy upon filing. The Commission
also declined to gather fixed broadband
deployment data at a level more
granular than the census block, finding
that the added complexity and burden
are unlikely at this time to provide a
significant insight into how many
residences and businesses lack access to
service. In short, the collection is
carefully tailored to provide the
Commission the data it needs to fulfill
its mission, while taking steps to
minimize the burden on filers. As a
result, the Commission expects that
communications providers’ overall
reporting burden will decrease even
though the Commission will be
collecting more data.
115. Further, the Commission noted
that the Wireline Competition Bureau
will release a draft data specification
that reflects the changes necessary to
implement this Order. As they have
with every previous revision of Form
477, Wireline Competition Bureau staff
will work with providers to ensure that
the providers have the tools they need
to complete and file the form in the least
burdensome manner possible. The
Commission delegated authority to the
Wireline Competition Bureau, in
consultation with the Wireless
Telecommunications Bureau, to
implement any technical improvements
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or other clarifications to the filing
mechanism and forms that will make
compliance easier for filers.
116. AT&T argued that the proposed
pricing collection from broadband
providers would impose significant and
unnecessary burdens on broadband
providers in violation of the Regulatory
Flexibility Act. The Commission does
not require the filing of pricing data in
the Order.
C. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
117. 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 rules adopted herein. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
1. Wireline Providers
118. Incumbent Local Exchange
Carriers (Incumbent LECs). Neither the
Commission nor the SBA has developed
a small business size standard
specifically for incumbent local
exchange services. The appropriate size
standard under SBA rules is for the
category Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. Census Bureau data
for 2007, which now supersede data
from the 2002 Census, show that there
were 3,188 firms in this category that
operated for the entire year. Of this
total, 3,144 had employment of 999 or
fewer, and 44 firms had had
employment of 1,000 or more.
According to Commission data, 1,307
carriers reported that they were
incumbent local exchange service
providers. Of these 1,307 carriers, an
estimated 1,006 have 1,500 or fewer
employees and 301 have more than
1,500 employees. Consequently, the
Commission estimates that most
providers of local exchange service are
small entities that may be affected by
the rules and policies proposed in the
Notice. Thus under this category and
the associated small business size
standard, the majority of these
incumbent local exchange service
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providers can be considered small
providers.
119. Competitive Local Exchange
Carriers (Competitive LECs),
Competitive Access Providers (CAPs),
Shared-Tenant Service Providers, and
Other Local Service Providers. Neither
the Commission nor the SBA has
developed a small business size
standard specifically for these service
providers. The appropriate size standard
under SBA rules is for the category
Wired Telecommunications Carriers.
Under that size standard, such a
business is small if it has 1,500 or fewer
employees. Census Bureau data for
2007, which now supersede data from
the 2002 Census, show that there were
3,188 firms in this category that
operated for the entire year. Of this
total, 3,144 had employment of 999 or
fewer, and 44 firms had had
employment of 1,000 employees or
more. Thus under this category and the
associated small business size standard,
the majority of these Competitive LECs,
CAPs, Shared-Tenant Service Providers,
and Other Local Service Providers can
be considered small entities. According
to Commission data, 1,442 carriers
reported that they were engaged in the
provision of either competitive local
exchange services or competitive access
provider services. Of these 1,442
carriers, an estimated 1,256 have 1,500
or fewer employees and 186 have more
than 1,500 employees. In addition, 17
carriers have reported that they are
Shared-Tenant Service Providers, and
all 17 are estimated to have 1,500 or
fewer employees. In addition, 72
carriers have reported that they are
Other Local Service Providers. Of the
72, seventy have 1,500 or fewer
employees and two have more than
1,500 employees. Consequently, the
Commission estimates that most
providers of competitive local exchange
service, competitive access providers,
Shared-Tenant Service Providers, and
Other Local Service Providers are small
entities that may be affected by rules
adopted pursuant to the Notice.
120. Interexchange Carriers. Neither
the Commission nor the SBA has
developed a small business size
standard specifically for providers of
interexchange services. The appropriate
size standard under SBA rules is for the
category Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. Census Bureau data
for 2007, which now supersede data
from the 2002 Census, show that there
were 3,188 firms in this category that
operated for the entire year. Of this
total, 3,144 had employment of 999 or
fewer, and 44 firms had had
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employment of 1,000 employees or
more. Thus under this category and the
associated small business size standard,
the majority of these Interexchange
carriers can be considered small
entities. According to Commission data,
359 companies reported that their
primary telecommunications service
activity was the provision of
interexchange services. Of these 359
companies, an estimated 317 have 1,500
or fewer employees and 42 have more
than 1,500 employees. Consequently,
the Commission estimates that the
majority of interexchange service
providers are small entities that may be
affected by rules adopted pursuant to
the Notice.
121. Operator Service Providers
(OSPs). Neither the Commission nor the
SBA has developed a small business
size standard specifically for operator
service providers. The appropriate size
standard under SBA rules is for the
category Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. Under that size
standard, such a business is small if it
has 1,500 or fewer employees. Census
Bureau data for 2007, which now
supersede data from the 2002 Census,
show that there were 3,188 firms in this
category that operated for the entire
year. Of this total, 3,144 had
employment of 999 or fewer, and 44
firms had had employment of 1,000
employees or more. Thus under this
category and the associated small
business size standard, the majority of
these Interexchange carriers can be
considered small entities. According to
Commission data, 33 carriers have
reported that they are engaged in the
provision of operator services. Of these,
an estimated 31 have 1,500 or fewer
employees and 2 have more than 1,500
employees. Consequently, the
Commission estimates that the majority
of OSPs are small entities that may be
affected by our proposed action.
122. Local Resellers. The SBA has
developed a small business size
standard for the category of
Telecommunications Resellers. Under
that size standard, such a business is
small if it has 1,500 or fewer employees.
Census data for 2007 show that 1,523
firms provided resale services during
that year. Of that number, 1,522
operated with fewer than 1000
employees and one operated with more
than 1,000. Thus under this category
and the associated small business size
standard, the majority of these local
resellers can be considered small
entities. According to Commission data,
213 carriers have reported that they are
engaged in the provision of local resale
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services. Of these, an estimated 211
have 1,500 or fewer employees and two
have more than 1,500 employees.
Consequently, the Commission
estimates that the majority of local
resellers are small entities that may be
affected by rules adopted pursuant to
the Notice.
123. Toll Resellers. The SBA has
developed a small business size
standard for the category of
Telecommunications Resellers. Under
that size standard, such a business is
small if it has 1,500 or fewer employees.
Census data for 2007 show that 1,523
firms provided resale services during
that year. Of that number, 1,522
operated with fewer than 1000
employees and one operated with more
than 1,000. Thus under this category
and the associated small business size
standard, the majority of these resellers
can be considered small entities.
According to Commission data, 881
carriers have reported that they are
engaged in the provision of toll resale
services. Of these, an estimated 857
have 1,500 or fewer employees and 24
have more than 1,500 employees.
Consequently, the Commission
estimates that the majority of toll
resellers are small entities that may be
affected by our action.
124. Payphone Service Providers
(PSPs). Neither the Commission nor the
SBA has developed a small business
size standard specifically for payphone
services providers. The appropriate size
standard under SBA rules is for the
category Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. Census Bureau data
for 2007, which now supersede data
from the 2002 Census, show that there
were 3,188 firms in this category that
operated for the entire year. Of this
total, 3,144 had employment of 999 or
fewer, and 44 firms had had
employment of 1,000 employees or
more. Thus under this category and the
associated small business size standard,
the majority of these PSPs can be
considered small entities. According to
Commission data, 657 carriers have
reported that they are engaged in the
provision of payphone services. Of
these, an estimated 653 have 1,500 or
fewer employees and four have more
than 1,500 employees. Consequently,
the Commission estimates that the
majority of payphone service providers
are small entities that may be affected
by our action.
125. Prepaid Calling Card Providers.
Neither the Commission nor the SBA
has developed a small business size
standard specifically for prepaid calling
card providers. The appropriate size
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standard under SBA rules is for the
category Telecommunications Resellers.
Under that size standard, such a
business is small if it has 1,500 or fewer
employees. Census data for 2007 show
that 1,523 firms provided resale services
during that year. Of that number, 1,522
operated with fewer than 1000
employees and one operated with more
than 1,000. Thus under this category
and the associated small business size
standard, the majority of these prepaid
calling card providers can be considered
small entities. According to Commission
data, 193 carriers have reported that
they are engaged in the provision of
prepaid calling cards. Of these, all 193
have 1,500 or fewer employees and
none have more than 1,500 employees.
Consequently, the Commission
estimates that the majority of prepaid
calling card providers are small entities
that may be affected by rules adopted
pursuant to the Notice.
126. 800 and 800-Like Service
Subscribers. Neither the Commission
nor the SBA has developed a small
business size standard specifically for
800 and 800-like service (‘‘toll free’’)
subscribers. The appropriate size
standard under SBA rules is for the
category Telecommunications Resellers.
Under that size standard, such a
business is small if it has 1,500 or fewer
employees. Census data for 2007 show
that 1,523 firms provided resale services
during that year. Of that number, 1,522
operated with fewer than 1000
employees and one operated with more
than 1,000. Thus under this category
and the associated small business size
standard, the majority of resellers in this
classification can be considered small
entities. To focus specifically on the
number of subscribers than on those
firms which make subscription service
available, the most reliable source of
information regarding the number of
these service subscribers appears to be
data the Commission collects on the
800, 888, 877, and 866 numbers in use.
According to our data, as of September
2009, the number of 800 numbers
assigned was 7,860,000; the number of
888 numbers assigned was 5,888,687;
the number of 877 numbers assigned
was 4,721,866; and the number of 866
numbers assigned was 7,867,736. The
Commission does not have data
specifying the number of these
subscribers that are not independently
owned and operated or have more than
1,500 employees, and thus are unable at
this time to estimate with greater
precision the number of toll free
subscribers that would qualify as small
businesses under the SBA size standard.
Consequently, the Commission
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estimates that there are 7,860.000 or
fewer small entity 800 subscribers;
5,888,687 or fewer small entity 888
subscribers; 4,721,866 or fewer small
entity 877 subscribers; and 7,867,736 or
fewer small entity 866 subscribers.
2. Wireless Carriers and Service
Providers
127. Since 2007, the Census Bureau
has placed wireless firms under the
category of Wireless
Telecommunications Carriers (except
Satellite). Census data for 2007 show
there were 1,383 firms that operated in
this category during that year. Of those
1,383, 1,368 had fewer than 100
employees, and 15 firms had more than
100 employees, based on the Census
data.
128. The SBA has developed a small
business size standard for Wireless
Telecommunications Carriers (except
Satellite) that deems a wireless business
to be small if it has 1,500 or fewer
employees. We applied this standard to
Commission data to develop another
estimate of the number of wireless
providers that are small. According to
the Commission estimates based on FCC
Form 499–A data, there were 970
wireless service providers in 2007. Of
those, an estimated 815 had 1,500 or
fewer employees, and 155 had more
than 1,500 employees. In addition, 413
of the 970 providers 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
those, an estimated 261 had 1,500 or
fewer employees, and 152 had more
than 1,500 employees. Thus, using the
available Form 499–A and Census data,
we estimate that the majority of wireless
firms can be considered small.
129. In addition, the Commission has
defined companies as ‘‘small
businesses’’ and ‘‘very small
businesses’’ when auctioning spectrum
licenses, for purposes of determining
eligibility for bidding credits, and the
SBA has approved these definitions. For
example, in the Wireless
Communications Service (WCS), 700
MHz Guard Band, and 39 GHz spectrum
auctions, the Commission defined a
‘‘small business’’ as an entity with
average gross revenues of $40 million
for each of the three preceding years,
and a ‘‘very small business’’ as an entity
with average gross revenues of $15
million for each of the three preceding
years. In the 800 MHz/900 MHz, 220
MHz, and 24 GHz spectrum auctions,
the Commission defined a ‘‘small
business’’ as an entity that had revenues
of no more than $15 million in each of
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the three previous calendar years and a
‘‘very small business’’ as an entity that
had revenues of no more than $3
million in each of the three previous
calendar years. However, the number of
winning bidders that qualify as small
businesses at the close of an auction is
generally not an accurate representation
of the number of small wireless
providers potentially subject to Form
477. Reasons for this include: Winning
bidders may not offer service or may not
offer a service subject to Form 477,
winning bidders’ revenues may increase
after an auction, and winning bidders
may transfer their licenses to another
entity. The Commission does not
typically track the revenues of spectrum
licensees subsequent to an auction,
unless unjust enrichment issues are
implicated in the context of spectrum
license assignments or transfers.
3. Satellite Service Providers
130. Satellite Telecommunications
Providers. Two economic census
categories address the satellite industry.
The first category has a small business
size standard of $15 million or less in
average annual receipts, under SBA
rules. The second has a size standard of
$25 million or less in annual receipts.
131. The category of Satellite
Telecommunications ‘‘comprises
establishments 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.’’ Census Bureau
data for 2007 show that 512 Satellite
Telecommunications firms that operated
for that entire year. Of this total, 464
firms had annual receipts of under $10
million, and 18 firms had receipts of
$10 million to $24,999,999.
Consequently, the Commission
estimates that the majority of Satellite
Telecommunications firms are small
entities that might be affected by our
action.
132. The second category, i.e. ‘‘All
Other Telecommunications’’ comprises
‘‘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
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Internet protocol (VoIP) services via
client-supplied telecommunications
connections are also included in this
industry.’’ For this category, Census
Bureau data for 2007 show that there
were a total of 2,383 firms that operated
for the entire year. Of this total, 2,347
firms had annual receipts of under $25
million and 12 firms had annual
receipts of $25 million to $49, 999,999.
Consequently, the Commission
estimates that the majority of All Other
Telecommunications firms are small
entities that might be affected by our
action.
4. Cable and OVS Operators
133. Because section 706 requires us
to monitor the deployment of broadband
regardless of technology or transmission
media employed, the Commission
anticipates that some broadband service
providers may not provide telephone
service. Accordingly, the Commission
describes below other types of firms that
may provide broadband services,
including cable companies, MDS
providers, and utilities, among others.
134. Cable and Other Program
Distributors. Since 2007, these services
have been defined within the broad
economic census category of Wired
Telecommunications Carriers; that
category is defined as follows: ‘‘This
industry comprises establishments
primarily engaged in operating and/or
providing access to transmission
facilities and infrastructure that they
own and/or lease for the transmission of
voice, data, text, sound, and video using
wired telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies.’’ The SBA has developed
a small business size standard for this
category, which is: All such firms
having 1,500 or fewer employees.
Census data for 2007, which supersede
data contained in the 2002 Census,
show that there were 1,383 firms that
operated that year. Of those 1,383, 1,368
had fewer than 100 employees, and 15
firms had more than 100 employees.
Thus under this category and the
associated small business size standard,
the majority of such firms can be
considered small.
135. Cable Companies and Systems.
The Commission has also developed its
own small business size standards, for
the purpose of cable rate regulation.
Under the Commission’s rules, a ‘‘small
cable company’’ is one serving 400,000
or fewer subscribers, nationwide.
Industry data indicate that, of 1,076
cable operators nationwide, all but
eleven are small under this size
standard. In addition, under the
Commission’s rules, a ‘‘small system’’ is
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a cable system serving 15,000 or fewer
subscribers. Industry data indicate that,
of 7,208 systems nationwide, 6,139
systems have under 10,000 subscribers,
and an additional 379 systems have
10,000–19,999 subscribers. Thus, under
this second size standard, most cable
systems are small.
136. Cable System Operators. The
Communications Act of 1934, as
amended, also contains a size standard
for small cable system operators, which
is ‘‘a cable operator that, directly or
through an affiliate, serves in the
aggregate fewer than 1 percent of all
subscribers in the United States and is
not affiliated with any entity or entities
whose gross annual revenues in the
aggregate exceed $250,000,000.’’ The
Commission has determined that an
operator serving fewer than 677,000
subscribers shall be deemed a small
operator, if its annual revenues, when
combined with the total annual
revenues of all its affiliates, do not
exceed $250 million in the aggregate.
Industry data indicate that, of 1,076
cable operators nationwide, all but ten
are small under this size standard. We
note that the Commission neither
requests nor collects information on
whether cable system operators are
affiliated with entities whose gross
annual revenues exceed $250 million,
and therefore we are unable to estimate
more accurately the number of cable
system operators that would qualify as
small under this size standard.
137. Open Video Services. Open
Video Service (OVS) systems provide
subscription services. The open video
system (‘‘OVS’’) framework was
established in 1996, and is one of four
statutorily recognized options for the
provision of video programming
services by local exchange carriers. The
OVS framework provides opportunities
for the distribution of video
programming other than through cable
systems. Because OVS operators provide
subscription services, OVS falls within
the SBA small business size standard
covering cable services, which is
‘‘Wired Telecommunications Carriers.’’
The SBA has developed a small
business size standard for this category,
which is: all such firms having 1,500 or
fewer employees. To gauge small
business prevalence for the OVS service,
the Commission relies on data currently
available from the U.S. Census for the
year 2007. According to that source,
there were 3,188 firms that in 2007 were
Wired Telecommunications Carriers. Of
these, 3,144 operated with less than
1,000 employees, and 44 operated with
more than 1,000 employees. However,
as to the latter 44 there is no data
available that shows how many
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operated with more than 1,500
employees. Based on this data, the
majority of these firms can be
considered small. In addition, we note
that the Commission has certified some
OVS operators, with some now
providing service. Broadband service
providers (‘‘BSPs’’) are currently the
only significant holders of OVS
certifications or local OVS franchises.
The Commission does not have
financial or employment information
regarding the entities authorized to
provide OVS, some of which may not
yet be operational. Thus, at least some
of the OVS operators may qualify as
small entities. The Commission further
notes that it has certified approximately
45 OVS operators to serve 75 areas, and
some of these are currently providing
service. Affiliates of Residential
Communications Network, Inc. (RCN)
received approval to operate OVS
systems in New York City, Boston,
Washington, DC, and other areas. RCN
has sufficient revenues to assure that
they do not qualify as a small business
entity. Little financial information is
available for the other entities that are
authorized to provide OVS and are not
yet operational. Given that some entities
authorized to provide OVS service have
not yet begun to generate revenues, the
Commission concludes that up to 44
OVS operators (those remaining) might
qualify as small businesses that may be
affected by the rules and policies
adopted herein.
5. Internet Service Providers, Web
Portals and Other Information Services
138. In 2007, the SBA recognized two
new small business, economic census
categories. They are (1) Internet
Publishing and Broadcasting and Web
Search Portals, and (2) All Other
Information Services.
139. Internet Service Providers. The
2007 Economic Census places these
firms, whose services might include
voice over Internet protocol (VoIP), in
either of two categories, depending on
whether the service is provided over the
provider’s own telecommunications
facilities (e.g., cable and DSL ISPs), or
over client-supplied
telecommunications connections (e.g.,
dial-up ISPs). The former are within the
category of Wired Telecommunications
Carriers, which has an SBA small
business size standard of 1,500 or fewer
employees. These are also labeled
‘‘broadband.’’ The latter are within the
category of All Other
Telecommunications, which has a size
standard of annual receipts of $25
million or less. These are labeled nonbroadband.
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140. The most current Economic
Census data for all such firms are 2007
data, which are detailed specifically for
ISPs within the categories above. For the
first category, the data show that 396
firms operated for the entire year, of
which 159 had nine or fewer employees.
For the second category, the data show
that 1,682 firms operated for the entire
year. Of those, 1,675 had annual
receipts below $25 million per year, and
an additional two had receipts of
between $25 million and $49,999,999.
Consequently, we estimate that the
majority of ISP firms are small entities.
141. Internet Publishing and
Broadcasting and Web Search Portals.
This industry comprises establishments
primarily engaged in (1) publishing and/
or broadcasting content on the Internet
exclusively or (2) operating Web sites
that use a search engine to generate and
maintain extensive databases of Internet
addresses and content in an easily
searchable format (and known as Web
search portals). The publishing and
broadcasting establishments in this
industry do not provide traditional
(non-Internet) versions of the content
that they publish or broadcast. They
provide textual, audio, and/or video
content of general or specific interest on
the Internet exclusively. Establishments
known as Web search portals often
provide additional Internet services,
such as email, connections to other Web
sites, auctions, news, and other limited
content, and serve as a home base for
Internet users. The SBA has developed
a small business size standard for this
category; that size standard is 500
employees. Less than 500 employees is
considered small. According to Census
Bureau data for 2007, there were 2,705
firms that provided one or more of these
services for that entire year. Of these,
2,682 operated with less than 500
employees and 13 operated with 500 to
999 employees. Consequently, we
estimate that the majority of these firms
are small entities that may be affected
by our action.
142. Data Processing, Hosting, and
Related Services. This industry
comprises establishments primarily
engaged in providing infrastructure for
hosting or data processing services.
These establishments may provide
specialized hosting activities, such as
web hosting, streaming services or
application hosting; provide application
service provisioning; or may provide
general time-share mainframe facilities
to clients. Data processing
establishments provide complete
processing and specialized reports from
data supplied by clients or provide
automated data processing and data
entry services. The SBA has developed
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a small business size standard for this
category; that size standard is $25
million or less in average annual
receipts. According to Census Bureau
data for 2007, there were 8,060 firms in
this category that operated for the entire
year. Of these, 6,726 had annual receipts
of under $25 million, and 155 had
receipts between $25 million and
$49,999,999 million. Consequently, we
estimate that the majority of these firms
are small entities that may be affected
by our action.
143. All Other Information Services.
‘‘This industry comprises
establishments primarily engaged in
providing other information services
(except new syndicates and libraries
and archives).’’ Our action pertains to
interconnected VoIP services, which
could be provided by entities that
provide other services such as email,
online gaming, web browsing, video
conferencing, instant messaging, and
other, similar IP-enabled services. The
SBA has developed a small business
size standard for this category; that size
standard is $7.0 million or less in
average annual receipts. According to
Census Bureau data for 2007, there were
367 firms in this category that operated
for the entire year. Of these, 334 had
annual receipts of under $5 million, and
an additional 11 firms had receipts of
between $5 million and $9,999,999.
Consequently, we estimate that the
majority of these firms are small entities
that may be affected by our action.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
144. In today’s Order, the Commission
modifies the FCC Form 477 data
collection to streamline the collection
and improve the quality of the data
collected. These revisions impose
further reporting and recordkeeping
requirements on current Form 477 filers,
including small entities.
145. Deployment. To ensure
continuity with the National Broadband
Map, the Commission will collect
network deployment data for fixed and
mobile broadband as well as mobile
voice network deployment data. The
Order requires each facilities-based
provider of fixed broadband service to
provide a list of all census blocks in
which it makes broadband service
available to end users. Facilities-based
providers of fixed broadband service
will also be required to report the
maximum speed offered in each census
block where they offer service, breaking
out reporting for residential and
nonresidential services where
appropriate, and by technology. With
respect to mobile broadband, for each
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mobile broadband network technology
(e.g., EV–DO, WCDMA, HSPA+, LTE,
WiMAX) deployed in each frequency
band (e.g., 700 MHz, Cellular, AWS,
PCS, BRS/EBS), facilities-based mobile
broadband providers should submit
polygons representing the nationwide
coverage area (including U.S. territories)
of that technology. Facilities-based
mobile wireless voice providers must
submit geospatial data of their coverage
area boundaries. For both fixed and
mobile broadband deployment data,
filers must report data on advertised
speeds; to reduce the burden on filers,
the Commission eliminates
predetermined speed tiers. Also to
reduce burdens, the Commission allows
mobile service providers to submit
coverage maps on a nationwide rather
than state-by-state basis.
146. Subscription. To improve the
quality of the subscription data the
Commission collects, the Order requires
providers of fixed voice and
interconnected VoIP services to file
subscription data by census tract, as is
currently required for fixed broadband
subscription data, rather than the
current process of requiring such
providers to submit the list of ZIP codes
in which they provide service to enduser customers. The Order also
eliminates the use of speed tiers for
broadband subscription data, and
requires filers to provide the number of
broadband connections by the
advertised speeds associated with each
product subscribed to in the relevant
geographic area. Fixed providers will
report connections by the maximum
advertised upload and download speeds
in each census tract, while mobile
providers will report connections by
minimum advertised upload and
download speeds in each state.
147. The Order eliminates questions
and requirements on the current Form
477 that require certain broadband
providers to report information about
the availability of broadband service, as
opposed to information about actual
subscribership to broadband service.
These questions are no longer necessary
in light of the new Form 477 collection
of broadband deployment data,
discussed above. Specifically, the Order
eliminates Part I.B of the current form,
which requires, by state: (1) Each
incumbent LEC with any DSL
connections in service to report its best
estimate of the percentage of residential
end user premises in its service area to
which its DSL connections could be
provided using installed distribution
facilities, (2) each cable system with any
cable modem connections in service to
report its best estimate of the percentage
of residential end user premises in its
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service area to which its cable modem
connections could be provided using
installed distribution facilities, and (3)
each network operator serving any
terrestrial mobile wireless broadband
subscribers to report the total number of
subscribers (i.e., including broadband,
broadband plus voice, and voice-only
subscribers) whose mobile device is
capable of sending or receiving data at
information transfer rates exceeding 200
kbps in at least one direction. In
addition, the Order eliminates the
requirement that fixed broadband
providers submit data for every census
tract within their ‘‘defined service
territory’’ regardless of the number of
subscribers in the tract. By eliminating
these questions, the Commission
protects against duplication in its
collection and reduces the burden on
filers by narrowly tailoring its collection
of data to those most useful to the
Commission.
148. In addition, the Commission
eliminates the requirement that
broadband providers submit state-level
data on the percentage of their
connections that are billed to end users
and the percentage that are equipped
over their own facilities. The
Commission typically does not rely on
these metrics at this level for
competitive analysis, nor has it reported
them in its semiannual Internet Access
Services reports. Eliminating them will
greatly simplify the revised Form 477
and its data collection interface, and
will reduce burden for filers.
149. The Commission also modifies
its current data collection in several
ways to eliminate unnecessary
information and produce data better
suited to competitive analysis. The
Commission removes the requirement
that providers of local exchange
telephone service report the number of
lines provided to unaffiliated
communications carriers as UNEPlatform (UNE–P). The Commission also
eliminates reporting of the percentage of
end-user lines provided over UNE–P. In
addition, providers of interconnected
VoIP service will no longer be required
to report the number of companies
purchasing their VoIP components or
service for resale. The Commission
typically does not rely on this metric at
this level for competitive analysis. The
Commission also simplifies the
categories of information interconnected
VoIP providers must provide. Currently,
the Form requires filers to report the
percentage of VoIP subscriptions with
nomadic functionality. The Order finds
the burdens of this reporting distinction
do not outweigh the benefits and so
eliminates the nomadic category.
Finally, the Commission requires local
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exchange telephone service providers to
report, by state, how many of their
access lines are bundled with
broadband. This information about
bundling can be evidence of consumers’
willingness to switch voice service
providers, and hence improves the
Commission’s competitive analysis.
150. Company Identification and
Contact Information. To enhance the
Commission’s ability to meet public
safety needs and obligations, the Order
requires entities filing Form 477 to
provide additional company
identification and contact information.
In addition to the current Form 477
requirements, the Commission will
require filers to report the company’s
Universal Service Administrative
Company (USAC) study area codes,
USAC 499 identification numbers, and
Web site address. The Order also
requires that filers report the title of
their certifying official and the name,
phone number, and email address of
their emergency operations contact.
This information will assist the
Commission in fulfilling its universal
service mandate, evaluating merger,
forbearance, and other applications, and
protecting public safety. The
information currently collected by Form
477 is not sufficient for use in promptly
contacting providers’ network operating
centers during emergencies.
E. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
151. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
(among others) the following four
alternatives: (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 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 small entities.
152. The Commission needs access to
data that are comprehensive, reliable,
sufficiently disaggregated, and reported
in a standardized manner. The Order
recognizes, however, that reporting
obligations impose burdens on the
reporting providers. Consequently, the
Commission limits its collection to
information that is narrowly tailored to
meet its needs.
153. Deployment. With regard to the
collection of deployment data, the
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changes to the SBI collection adopted in
the Order are designed to reduce filing
burdens and increase reliability of the
data in several ways. The collection will
occur in a single, unified process rather
than on a state-by-state basis. A single,
nationwide filing (that includes both
deployment and subscription data) will
help eliminate potential variations
among states, and reduce to one the
number of entities with which a
multistate provider must coordinate for
its filing. In addition, the elimination of
speed tiers will reduce burdens
associated with categorizing data into
those tiers. The data will also be more
reliable because all providers must file,
and must certify to the accuracy upon
filing. The Commission also declined to
gather fixed broadband deployment data
at a level more granular than the census
block, finding that the added
complexity and burden are unlikely at
this time to provide a significant insight
into how many residences and
businesses lack access to service. In
short, the collection is carefully tailored
to provide the Commission the data it
needs to fulfill its mission, while taking
steps to minimize the burden on filers.
As a result, the Commission expects that
communications providers’ overall
reporting burden will decrease even
though the Commission will be
collecting more data.
154. The Commission considered
whether data available from outside
sources, including providers’ Web sites,
are sufficient to inform the Commission
about the expansion of broadband
networks. The Commission found,
however, that reliance on third-party
data is not appropriate for a primary
source of deployment data. Among the
problems the Commission faces in using
commercial data are restrictions on
reuse and publication of the data on
which the Commission would rely. In
addition, the Commission found in the
2012 Eighth Broadband Progress Report
that while Mosaik data provide a useful
tool for measuring developments in
mobile broadband deployment, they
may overstate the extent of mobile
broadband coverage. Furthermore,
because Mosaik reports advertised
coverage as reported to it by mobile
wireless providers, each of which may
use a different standard for determining
coverage, the Mosaik data are not
consistent across geographic areas and
service providers. Finally, tracking
down deployment information on
providers’ Web sites would not provide
consistent data for analysis, would be
time consuming, and might not be
comprehensive. The information on
providers’ Web sites is not certified and
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is generally not available in a format
consistent enough to provide the level
of geographic granularity the
Commission requires.
155. In the Order, the Commission
recognizes that submitting any
information imposes burdens, which
may be most keenly felt by small
providers, but concludes that the
benefits of having comprehensive data
substantially outweigh the burdens. One
of the primary objectives of Form 477 is
to inform the Commission’s efforts to
encourage broadband deployment on a
reasonable and timely basis to all
Americans. The Commission concluded
it that would miss important data
relevant to this objective if it were to
exempt small providers, which are
likely to serve rural or insular areas of
the United States, where barriers to
deployment are typically the highest.
Additionally, obtaining this information
from small and rural providers helps
ensure that Connect America Fund
support is indeed increasing broadband
deployment and will help the
Commission keep its universal service
policies appropriately tailored over
time. At the same time, the Commission
is cognizant of the burdens of data
collections, and has therefore taken
steps to minimize burdens, including by
making the deployment collection
consistent, to a large extent, with
NTIA’s SBI data collection. For all of
these reasons, the Commission
concluded that the benefits of collecting
deployment data outweigh the burdens
on small providers that may be
associated with collection of these data.
156. The Commission specifically
considered at what geographic level to
require reporting from small providers.
The Commission found that reporting
by census block will not be unduly
burdensome for the majority of fixed
broadband service providers, as many of
these providers already voluntarily
report deployment data by census block
to NTIA’s SBI program. Fixed
broadband providers have, since June
2010, submitted the characteristics of
their broadband deployment by census
block to state mapping designees.
157. The Commission also considered
whether to gather fixed broadband
deployment data at a level more
granular that the census block. The
Commission declined to do so at this
time because the added complexity and
burden are unlikely to provide a
significant insight into how many
residences and businesses lack access to
service. The Commission found that
many providers do not maintain
broadband network deployment data on
an address-by-address basis. Also, rural
areas where networks are deployed may
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not have ‘‘street’’ addresses assigned.
The Commission was not persuaded
that the benefits of requiring addresslevel data would outweigh the overall
increase in the filing burden. The
Commission concluded that requiring
providers to report fixed broadband
deployment data by census block
appropriately balances the burdens of
reporting this information to the
Commission with the level of
granularity required to carry out our
statutory duties.
158. The Commission also found that
burdens on mobile wireless providers
associated with providing digital
representations of and geospatial data
on their network coverage areas are not
significant, and are outweighed by the
public interest benefits associated with
our collection. The geospatial data the
Commission is collecting on spectrum
and technology are used by mobile
service providers for radio frequency
(RF) network design and are an integral
part of every mobile service provider’s
ordinary course of business.
Accordingly, mobile deployment data
by spectrum bands and network
technology should be readily available
to mobile service providers given that
any mobile network deployment plan
would include both the spectrum and
the network technology to be used for
such deployment.
159. In addition, many providers
develop and maintain such data in order
to publish maps of their coverage areas
on their Web sites and in other
promotional materials, and certain
operators have provided network
coverage boundaries to Mosaik. Certain
providers also have submitted coverage
area boundaries to the Commission as
part of wireless transaction proceedings,
and many providers have submitted
coverage area boundaries in the SBI data
collection. There are multiple GIS
(Geographical Information Systems)
platforms capable of creating and
managing geospatial data on mobile
network coverage areas, and there are
many GIS specialists and engineering
consultants in the United States who are
able to provide expertise and develop
such data for providers that do not have
internal GIS resources.
160. Finally, the Commission also
considered whether the collection of
fixed voice network deployment data is
warranted. It concluded that collecting
additional fixed voice network
deployment data on Form 477 would be
largely redundant and would impose an
additional burden on voice providers.
Therefore, the Commission declined to
require providers of fixed voice services
to report deployment data on Form 477.
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49147
161. Subscription. While the
Commission believes that more granular
subscription data would be preferable, it
declines to collect more granular
subscription data at this time to ensure
that any burdens are minimized before
initiating any additional collections.
Accordingly, the Commission directs
the Wireline Competition Bureau to test
technical improvements to the Form 477
filing mechanism that might reduce the
burden of filing more detailed
subscription data. If, after analyzing
such tests, the Bureau determines there
is a means of minimizing burdens with
a more detailed approach, the
Commission will revisit whether to
initiate such collection.
162. The Commission also eliminates
the requirement that providers submit
broadband data in predetermined speed
tiers, and instead will require providers
of broadband services, for both
subscription and deployment data,
simply to provide advertised speeds—
the maximum advertised speed in each
census block for fixed broadband, and
the minimum advertised speed in each
coverage area for mobile broadband.
Streamlining the collection in this
manner will give the Commission
greater flexibility to group and analyze
broadband speed data in useful ways.
Eliminating speed tiers will permit the
Commission to conduct a consistent
analysis of subscription and deployment
data and, because they will no longer be
required to categorize the number of
connections into existing speed tiers,
will reduce burdens on filers.
163. Company Identification
Information. In the Order, the
Commission recognizes that it currently
collects some company identification
information in other contexts. Although
these collections do not duplicate the
information collection adopted in the
Order—they apply to small subsets of
the universe of Form 477 filers and do
not request the same level of detail—the
Commission nonetheless takes
precautions to ensure that no entity is
burdened with duplicative filings.
Accordingly, the Commission directed
the Wireline Competition Bureau, in
consultation with the Wireless
Telecommunications Bureau, to identify
any circumstances in which the
collection of company identification
information on Form 477 may duplicate
another Commission collection, and to
exempt filers from the latter in those
instances.
F. Report to Congress
164. The Commission will send a
copy of the Order, including this FRFA,
in a report to be sent to Congress
pursuant to the Congressional Review
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
Act. In addition, the Commission will
send a copy of the Order, including this
FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the
Order and FRFA (or summaries thereof)
will also be published in the Federal
Register.
VII. Ordering Clauses
165. Accordingly, it is ordered that,
pursuant to sections 4(i), 201, 214, 218–
220, 251–252, 254, 303(r), 310, 332, and
403 of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 201, 214,
218–220, 251–252, 254, 303(r), 310, 332,
and 403, 409, 502, and 503, and section
706 of the Telecommunications Act of
1996, as amended, 47 U.S.C. 1302, this
Report and Order is adopted.
166. It is further ordered that Parts 0,
1 and 43 of the Commission’s rules are
amended as set forth in Rules Appendix
A.
167. It is further ordered that,
pursuant to sections 1.4(b)(1) and
1.103(a) of the Commission’s rules, 47
CFR 1.4(b)(1), 1.103(a), this Report and
Order shall be effective September 12,
2013, except for the amendments to
sections 1.7001, 1.7002, 43.01 and 43.11
of the Commission’s rules, which
contain information collection
requirements that have not been
approved by the Office of Management
and Budget and will become effective
upon announcement in the Federal
Register of Office of Management and
Budget approval and an effective date of
the rules.
168. It is further ordered that the
Commission shall send a copy of this
Report and Order to Congress and to the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
169. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
ehiers on DSK2VPTVN1PROD with RULES
List of Subjects in 47 CFR Parts 0, 1 and
43
Broadband, Communications,
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 0, 1,
and 43 as follows:
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PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: Sec. 5, 48 Stat. 1068, as
amended, 47 U.S.C. 155, 225, unless
otherwise noted.
2. Amend § 0.91 to revise paragraph
(f) to read as follows:
■
§ 0.91
Functions of the Bureau.
*
*
*
*
*
(f) Develop and administer
recordkeeping and reporting
requirements for telecommunications
carriers, providers of interconnected
VoIP service (as that term is defined in
§ 9.3 of this chapter), and providers of
broadband services.
*
*
*
*
*
■ 3. Amend § 0.457 to add paragraph
(d)(1)(viii) to read as follows:
§ 0.457 Records not routinely available for
public inspection.
*
*
*
*
*
(d) * * *
(1) * * *
(viii) Emergency contact information
reported on FCC Form 477.
*
*
*
*
*
PART 1—PRACTICE AND
PROCEDURE
4. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 227, 303(r),
and 309, Cable Landing License Act of 1921,
47 U.S.C. 35–39, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L.
112–96.
5. Amend § 1.7001 by removing
paragraph (a)(2), redesignating
paragraphs (a)(3) and (a)(4) as (a)(2) and
(a)(3), revising newly redesignated
paragraph (a)(2), and revising
paragraphs (b), (c) and (d) to read as
follows:
■
§ 1.7001
reports.
Scope and content of filed
(a) * * *
(2) One-way broadband lines or
wireless channels. Lines or wireless
channels with information carrying
capability in excess of 200 kilobits per
second in at least one direction, but not
both.
*
*
*
*
*
(b) All commercial and governmentcontrolled entities, including but not
limited to common carriers and their
affiliates (as defined in 47 U.S.C. 153
(1)), cable television companies,
terrestrial fixed wireless providers,
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terrestrial mobile wireless providers,
satellite providers, utilities, and others,
that are facilities-based providers shall
file with the Commission a completed
FCC Form 477, in accordance with the
Commission’s rules and the instructions
to the FCC Form 477.
(c) Respondents identified in
paragraph (b) of this section shall
include in each report a certification
signed by an appropriate official of the
respondent (as specified in the
instructions to FCC Form 477) and shall
report the title of their certifying official.
(d) Disclosure of data contained in
FCC Form 477 will be addressed as
follows:
(1) Emergency operations contact
information contained in FCC Form 477
are information that should not be
routinely available for public inspection
pursuant to § 0.457 of this chapter.
(2) Respondents may make requests
for Commission non-disclosure of the
following data contained in FCC Form
477 under § 0.459 of this chapter by so
indicating on Form 477 at the time that
the subject data are submitted:
(i) Provider-specific subscription data
and
(ii) Provider-specific mobile
deployment data that includes specific
spectrum and speed parameters that
may be used by providers for internal
network planning purposes.
(3) Respondents seeking confidential
treatment of any other data contained in
FCC Form 477 must submit a request
that the data be treated as confidential
with the submission of their Form 477
filing, along with their reasons for
withholding the information from the
public, pursuant to § 0.459 of this
chapter.
(4) The Commission shall make all
decisions regarding non-disclosure of
provider-specific information, except
that the Chief of the Wireline
Competition Bureau may release
provider-specific information to:
(i) A state commission provided that
the state commission has protections in
place that would preclude disclosure of
any confidential information,
(ii) ‘‘Eligible entities,’’ as those
entities are defined in the Broadband
Data Improvement Act, in an aggregated
format and pursuant to confidentiality
conditions prescribed by the
Commission, and
(iii) Others, to the extent that access
to such data can be accomplished in a
manner that addresses concerns about
the competitive sensitivity of the data
and precludes public disclosure of any
confidential information.
*
*
*
*
*
■ 6. Revise § 1.7002 to read as follows:
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
§ 1.7002
Frequency of reports.
Entities subject to the provisions of
§ 1.7001 shall file reports semi-annually.
Reports shall be filed each year on or
before March 1st (reporting data
required on FCC Form 477 as of
December 31 of the prior year) and
September 1st (reporting data required
on FCC Form 477 as of June 30 of the
current year). Entities becoming subject
to the provisions of § 1.7001 for the first
time within a calendar year shall file
data for the reporting period in which
they become eligible and semi-annually
thereafter.
PART 43—REPORTS OF
COMMUNICATION COMMON
CARRIERS AND CERTAIN AFFILIATES
7. The authority citation for part 43
continues to read as follows:
■
Authority: 47 U.S.C. 154;
Telecommunications Act of 1996; Pub.L.
104–104, sec. 402(b)(2)(B), (c), 110 Stat. 56
(1996) as amended unless otherwise noted.
47 U.S.C. 211, 219, 220, as amended; Cable
Landing License Act of 1921, 47 U.S.C. 35–
39.
8. Amend § 43.01 by revising
paragraphs (a), (b), and (d) to read as
follows:
■
ehiers on DSK2VPTVN1PROD with RULES
§ 43.01
Applicability.
(a) The sections in this part include
requirements which have been
promulgated under authority of sections
211 and 219 of the Communications Act
of 1934, as amended, with respect to the
filing by communication common
carriers and certain of their affiliates, as
well as certain other providers, of
periodic reports and certain other data,
but do not include certain requirements
relating to the filing of information with
respect to specific services, accounting
systems and other matters incorporated
in other parts of this chapter.
(b) Except as provided in paragraphs
(c) and (d) of this section, carriers and
other providers becoming subject to the
provisions of the several sections of this
part for the first time, shall, within
thirty (30) days of becoming subject, file
the required data as set forth in the
various sections of this part.
*
*
*
*
*
(d) Common carriers and other service
providers subject to the provisions of
§ 43.11 shall file data semi-annually.
Reports shall be filed each year on or
before March 1st (reporting data
required on FCC Form 477 as of
December 31 of the prior year) and
September 1st (reporting data required
on FCC Form 477 as of June 30 of the
current year). Common carriers and
other providers becoming subject to the
provisions of § 43.11 for the first time
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Jkt 229001
within a calendar year shall file data for
the reporting period in which they
become eligible and semi-annually
thereafter.
■ 9. Amend § 43.11 to revise paragraphs
(a), (b), and (c) to read as follows:
§ 43.11 Reports of local exchange
competition data.
(a) All common carriers and their
affiliates (as defined in 47 U.S.C. 153(1))
providing telephone exchange or
exchange access service (as defined in
47 U.S.C. 153(16) and (47)), commercial
mobile radio service (CMRS) providers
offering mobile telephony (as defined in
§ 20.15(b)(1) of this chapter), and
Interconnected Voice over IP service
providers (as defined in § 9.3 of this
chapter), shall file with the Commission
a completed FCC Form 477, in
accordance with the Commission’s rules
and the instructions to the FCC Form
477.
(b) Respondents identified in
paragraph (a) of this section shall
include in each report a certification
signed by an appropriate official of the
respondent (as specified in the
instructions to FCC Form 477) and shall
report the title of their certifying official.
(c) Disclosure of data contained in
FCC Form 477 will be addressed as
follows:
(1) Emergency operations contact
information contained in FCC Form 477
are information that should not be
routinely available for public inspection
pursuant to § 0.457 of this chapter.
(2) Respondents may make requests
for Commission non-disclosure of the
following data contained in FCC Form
477 under § 0.459 of this chapter by so
indicating on Form 477 at the time that
the subject data are submitted:
(i) Provider-specific subscription data
and
(ii) Provider-specific mobile
deployment data that includes specific
spectrum and speed parameters that
may be used by providers for internal
network planning purposes.
(3) Respondents seeking confidential
treatment of any other data contained in
FCC Form 477 must submit a request
that the data be treated as confidential
with the submission of their Form 477
filing, along with their reasons for
withholding the information from the
public, pursuant to § 0.459 of this
chapter.
(4) The Commission shall make all
decisions regarding non-disclosure of
provider-specific information, except
that the Chief of the Wireline
Competition Bureau may release
provider-specific information to:
(i) A state commission provided that
the state commission has protections in
PO 00000
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49149
place that would preclude disclosure of
any confidential information, and
(ii) ‘‘Eligible entities,’’ as those
entities are defined in the Broadband
Data Improvement Act, in an aggregated
format and pursuant to confidentiality
conditions prescribed by the
Commission, and
(iii) Others, to the extent that access
to such data can be accomplished in a
manner that addresses concerns about
the competitive sensitivity of the data
and precludes public disclosure of any
confidential information.
*
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*
*
*
[FR Doc. 2013–19493 Filed 8–12–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2012–0049;
4500030113]
RIN 1018–AY58
Endangered and Threatened Wildlife
and Plants; Determination of
Endangered Status for Sphaeralcea
gierischii (Gierisch Mallow)
Throughout Its Range
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, determine that
Sphaeralcea gierischii (Gierisch mallow)
meets the definition of an endangered
species under the Endangered Species
Act of 1973, as amended (Act). Gierisch
mallow is a plant species found in
Mohave County, Arizona, and
Washington County, Utah. This final
rule implements the Federal protections
provided by the Act for this species. The
effect of this regulation is to add this
species to the List of Endangered and
Threatened Plants.
DATES: This rule is effective on
September 12, 2013.
ADDRESSES: This final rule and final
economic analysis are available on the
Internet at http://www.regulations.gov
and at http://www.fws.gov/southwest/
es/arizona/. Comments and materials
we received, as well as supporting
documentation we used in preparing
this rule, are available for public
inspection at http://
www.regulations.gov. Comments and
materials received, as well as supporting
documentation used in preparing this
final rule is available for public
inspection, by appointment, during
SUMMARY:
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13AUR1
| File Type | application/pdf |
| File Modified | 2013-08-13 |
| File Created | 2013-08-13 |