Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8205 

TABLE 1 TO SUBPART AAAA OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA— 

Continued 

Part 63 citation Description 

Applicable to 

subpart AAAA before 

September 28, 2021 

Applicable to 

subpart AAAA 

no later than 

September 27, 2021 

Explanation 

*******

1 Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this subchapter, which incorporates 

the General Provisions of part 60 of this subchapter. 

[FR Doc. 2022–02654 Filed 2–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[CC Docket No. 02–6; FCC 22–8; FR ID 

70414] 

Schools and Libraries Universal 

Service Support Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) takes steps to address one 

of the barriers to participation and 

clarify the eligibility of Tribal libraries 

for E-Rate program support by updating 

the definition of ‘‘library’’ in its E-Rate 

program rules to include Tribal 

libraries. By doing so, the Commission 

seeks to resolve a longstanding issue for 

Tribal libraries in the E-Rate program 

rules, consistent with Congressional 

action taken in 2018, and to encourage 

increased Tribal library access to 

affordable broadband connectivity 

through the E-Rate program. 

DATES: Effective March 16, 2022. 

FOR FURTHER INFORMATION CONTACT: Kate 

Dumouchel, Wireline Competition 

Bureau, (202) 418–7400 or by email at 

Kate.Dumouchel@fcc.gov. The 

Commission asks that requests for 

accommodations be made as soon as 

possible in order to allow the agency to 

satisfy such requests whenever possible. 

Send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order in CC Docket No. 02–6; FCC 

22–8, adopted January 27, 2022 and 

released January 28, 2022. Due to the 

COVID–19 pandemic, the Commission’s 

headquarters will be closed to the 

general public until further notice. The 

full text of this document is available at 

the following internet address: https://

www.fcc.gov/document/fcc-connectingtribal-libraries-through-e-rate-program0. 

I. Introduction 

1. The E-Rate program provides 

support to schools and libraries across 

the nation to obtain affordable, highspeed broadband services and internal 

connections to connect today’s students 

and library patrons with next-generation 

learning opportunities and services. 

Since the beginning of the program, ERate support has helped libraries afford 

these services and provide free, public 

internet access to their communities. 

But for far too long, Tribal libraries have 

been unable to participate fully in the ERate program. This situation has 

exacerbated enduring inequities, as 

Tribal libraries often serve as a critical 

source of internet access in underserved 

areas across the nation. 

2. The Commission takes steps to 

address one of the barriers to 

participation and clarify the eligibility 

of Tribal libraries for E-Rate program 

support by updating the definition of 

‘‘library’’ in its E-Rate program rules to 

include Tribal libraries. By doing so, the 

Commission seeks to resolve a 

longstanding issue for Tribal libraries in 

the E-Rate program rules, consistent 

with Congressional action taken in 

2018, and to encourage increased Tribal 

library access to affordable broadband 

connectivity through the E-Rate 

program. 

II. Discussion 

3. To ensure that our nation’s Tribal 

libraries and their library patrons have 

access to high-speed broadband and to 

encourage Tribal libraries’ participation 

in the E-Rate program, the Commission 

now amends its E-Rate program rules to 

clarify that Tribal libraries are eligible 

for E-Rate support. Specifically, the 

Commission adds ‘‘Tribal library’’ to the 

definition of library in section 54.500 of 

the Commission’s rules and removes the 

reference to Public Law 104–208, which 

contains the version of the Library 

Services and Technology Act (LSTA) 

enacted in 1996. All stakeholders 

submitting comments support this rule 

change, and no commenter opposed it. 

4. Interested parties agree that this 

rule change is the first step in ensuring 

that Tribal libraries have access to 

funding to provide affordable internet 

access to their communities. These 

changes update the E-Rate program 

rules and ensure that the E-Rate 

program can support library services in 

Tribal communities. The changes align 

with both Congress’ 2018 amendments 

to the LSTA and the Commission’s 

Emergency Connectivity Fund program 

rules. Moreover, the changes will 

simplify administration of the E-Rate 

and Emergency Connectivity Fund 

programs for the Universal Service 

Administrative Company (USAC), 

which administers both programs and 

checks applicant eligibility. Consistent 

with the rules adopted for the 

Emergency Connectivity Fund program, 

the E-Rate rules clarify that Tribal 

libraries, which are by statute eligible 

for support from State library 

administrative agencies under the 

LSTA, are eligible for support from the 

E-Rate program. Receipt of LSTA funds 

by Tribal libraries is not required for 

participation in the E-Rate program. 

5. These rule changes should also 

clarify and simplify E-Rate eligibility for 

Tribal libraries and, in time, will 

increase Tribal participation in the 

program. Comments filed by the 

American Library Association (ALA) 

and the Association of Tribal Archives, 

Libraries and Museums (ATALM) 

include preliminary results of a 2021 

ATALM comprehensive digital 

inclusion survey, which note that only 

12 percent of the Tribal libraries 

responding reported that they had ever 

applied, even fewer than the 15 percent 

of Tribal libraries that had previously 

reported receiving E-Rate support. This 

data is especially troubling, given that 

there is reduced broadband access in 

Tribal areas and libraries are often the 

‘‘next best alternative for many Tribal 

families and households’’ to obtain 

internet access. Tribal governments and 

libraries have had issues interacting 

with and gaining support from State 


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agencies. The Navajo Nation 

Telecommunications Regulatory 

Commission (NNTRC) describes how 

the Navajo Nation, which spans three 

states, began an internal process in 2018 

to participate in the E-Rate program by 

engaging with the State library 

administrative agencies in Arizona, New 

Mexico, and Utah to establish whether 

its Chapter Houses were libraries 

eligible for assistance from those State 

library administrative agencies under 

the LSTA. NNTRC explains that it took 

several years and significant resources 

to determine eligibility, which it argues 

could have been avoided if the rules the 

Commission adopts here had been in 

place then. 

6. Several commenters asked the 

Commission to clarify who can 

designate a Tribal library or to interpret 

the definition of Tribal library in a 

flexible manner. First, the Commission 

agrees that Tribal libraries can be 

designated by a Tribal Council. Second, 

the Commission understands that ‘‘what 

constitutes a library is reflective of the 

cultural, educational, and social needs 

of each tribe,’’ but also remind 

applicants that they must be eligible by 

statute for support under the LSTA to be 

eligible to participate in E-Rate. The 

Institute of Museum and Library 

Services, the federal agency with 

expertise in the LSTA and that provides 

Native American library grants, requires 

Native American libraries applying for 

Native American Library Services 

Enhancement Grants to demonstrate 

that they have three basic 

characteristics: ‘‘(1) regularly scheduled 

hours, (2) staff, and (3) materials 

available for library users.’’ The 

Commission believes that these 

characteristics are therefore appropriate 

for Tribal libraries seeking support from 

the E-Rate program. In response to 

commenters seeking eligibility for Tribal 

College libraries, the Commission 

reminds applicants that when the 

Commission first adopted its rules on 

library eligibility for E-Rate discounts, it 

determined that libraries must be 

independent entities, ‘‘whose budgets 

are completely separate from any 

schools (including, but not limited to 

elementary schools, colleges, and 

universities.’’ As such, Tribal libraries 

that are part of a Tribal College or 

university remain ineligible for E-Rate 

support at this time. 

7. On the whole, the Commission 

expects this rule change to simplify the 

process for Tribal libraries to apply for 

E-Rate funding by clarifying their 

eligibility without requiring Tribal 

libraries to fit within the precise 

definitions that may be put in place by 

a State library administrative agency. By 

making Tribal library eligibility clear, 

the Commission aims to further the 

program goal of ensuring affordable 

access to high-speed broadband 

sufficient to support robust connectivity 

for Tribal libraries by increasing 

participation in the E-Rate program. The 

Commission also furthers the 

Commission’s ongoing obligation to 

advance digital equity for all, including 

Indigenous and Native American 

persons, people of color, persons with 

disabilities, persons who live in rural or 

Tribal areas, and others who are or have 

been historically underserved, 

marginalized, or adversely affected by 

persistent poverty or inequality. By 

lowering the barriers to participating in 

the E-Rate program, the Commission 

hopes to narrow the digital divide in 

Tribal regions, ‘‘where increased digital 

inclusion will yield economic, 

educational, and healthcare outcome 

improvements.’’ 

8. Outreach. Preliminary results of the 

2021 ATALM comprehensive digital 

inclusion survey of Tribal libraries 

included in ALA and ATALM’s 

comments show that ‘‘38% of 

respondents had not heard of the E-rate 

program, 30% were unsure if they were 

eligible, 13% said the application was 

too complicated, and 39% would like to 

learn more about the program.’’ The 

Commission agrees with commenters 

that these numbers demonstrate that the 

Commission needs to do more to 

increase awareness of the program and 

training opportunities among Tribal 

libraries. Therefore, in conjunction with 

this rule change, the Commission 

directs the Office of Native Affairs and 

Policy (ONAP) and the Wireline 

Competition Bureau (WCB), with 

assistance from the Tribal liaison at 

USAC, to target outreach efforts and 

program training for Tribal libraries. 

9. Tribal library applicants face 

particular resource challenges in 

applying. Therefore, in addition to 

existing Tribal training materials, the 

Commission directs USAC, in 

coordination with ONAP and WCB, to 

develop training materials targeting 

Tribal libraries that may be provided 

during Tribal-specific outreach, as well 

as to its federal partners, like the 

Institute of Museum and Library 

Services, to build awareness and 

provide information about how to apply 

before the close of the funding year 2022 

application filing window. In creating 

these targeted outreach goals, the 

Commission directs USAC to develop 

training materials focused on first-time 

E-Rate library applicants and to 

distribute these materials at national, 

regional, or local Tribal or library 

conferences. The Commission also 

directs ONAP and WCB to undertake 

efforts to coordinate with organizations 

like the ALA, ATALM, the American 

Indian Library Association and the 

Chief Officers of the State Library 

Agencies to spread awareness in the 

current and upcoming funding years. 

10. Measuring Participation. Adopting 

these rule changes and targeting specific 

Tribal library outreach are important 

steps towards the Commission’s goal of 

increasing participation and access to 

E-Rate support for Tribal libraries. The 

Commission also, consistent with the 

recommendation from the Government 

Accountability Office in 2016, seeks to 

determine whether the Commission is 

successfully achieving the E-Rate 

program’s goals, including ensuring 

affordable access to high-speed 

broadband sufficient to support robust 

connectivity for all libraries and making 

the program’s processes fast, simple, 

and efficient. To do so, the Commission 

now adopts new measures for these two 

goals by specifically measuring 

participation of Tribal libraries in future 

funding years and the speed of 

processing Tribal library applications, 

and the Commission directs USAC to 

measure progress towards achieving the 

Commission’s program goals. By 

creating specific Tribal library 

participation performance measures, the 

Commission can monitor performance 

of the E-Rate program over time and 

assess whether the Commission’s rules, 

policies, and outreach need to be 

revisited to draw more Tribal library 

applicants into the program. 

11. Other Issues Raised. The 

importance of this rule clarification, 

combined with the E-Rate program’s 

funding year calendar—which generally 

accepts funding applications during the 

first quarter of the calendar year for the 

upcoming school year—make speedy 

action critical. Therefore, to ensure 

these rule changes are effective before 

the close of the funding year 2022 

E-Rate application filing window, the 

Commission declines to address several 

of the issues raised by comments to the 

Tribal Libraries Notice of Proposed 

Rulemaking (NPRM), 86 FR 57097, 

October 14, 2021, regarding the E-Rate 

program at this time. The Commission 

appreciates the many comments raising 

broader issues with the E-Rate program 

and look forward to revisiting these 

issues. 

III. Procedural Matters 

12. Final Regulatory Flexibility 

Analysis. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission included an 

Initial Regulatory Flexibility Analysis 

(IRFA) of the possible significant 


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economic impact on a substantial 

number of small entities by the policies 

and rules proposed in the Schools and 

Libraries Universal Service Support 

Mechanism notice of proposed 

rulemaking, Tribal Libraries NPRM. The 

Commission sought written public 

comment on the proposals in the Tribal 

Libraries NPRM, including comment on 

the IRFA. The Commission did not 

receive any relevant comments in 

response to this IRFA. This Final 

Regulatory Flexibility Analysis (FRFA) 

conforms to the RFA. 

A. Need for, and Objectives of, the 

Report and Order 

13. The Commission is required by 

Section 254 of the Communications Act 

of 1934, as amended, to promulgate 

rules to implement the universal service 

provisions of Section 254. On May 8, 

1997, the Commission adopted rules to 

reform its system of universal service 

support mechanisms so that universal 

service is preserved and advanced as 

markets moved toward competition. 

Specifically, under the schools and 

libraries universal service support 

mechanism, also known as the E-Rate 

program, eligible schools, libraries, and 

consortia that include eligible schools 

and libraries may receive discounts for 

eligible telecommunications services, 

internet access, and internal 

connections. 

14. Taking steps to close the digital 

divide is a top priority for the 

Commission. The E-Rate program 

provides a vital source of support to 

schools and libraries, ensuring that 

students and library patrons across the 

nation have access to high-speed 

broadband and essential 

communications services. In this 

document, the Commission updates the 

E-Rate program rules to be consistent 

with the amended Library Services and 

Technology Act (LSTA), and clarify that 

Tribal libraries are eligible to apply for 

and receive E-Rate funding. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

15. There were no comments filed 

that specifically address the rules and 

policies proposed in the IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

16. Pursuant to the Small Business 

Jobs Act of 2010, which amended the 

RFA, the Commission is required to 

respond to any comments filed by the 

Chief Counsel of the Small Business 

Administration (SBA), and to provide a 

detailed statement of any change made 

to the proposed rule(s) as a result of 

those comments. The Chief Counsel did 

not file any comments in response to the 

proposed rule(s) in this proceeding. 

D. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Will Apply 

17. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act. A small 

business concern is one that: (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). 

18. Small Businesses, Small 

Organizations, Small Governmental 

Jurisdictions. The Commission’s actions, 

over time, may affect small entities that 

are not easily categorized at present. 

The Commission therefore describes 

here, at the outset, three broad groups of 

small entities that could be directly 

affected herein. First, while there are 

industry specific size standards for 

small businesses that are used in the 

regulatory flexibility analysis, according 

to data from the SBA’s Office of 

Advocacy, in general a small business is 

an independent business having fewer 

than 500 employees. These types of 

small businesses represent 99.9% of all 

businesses in the United States, which 

translates to 30.7 million businesses. 

19. Next, the type of small entity 

described as a ‘‘small organization’’ is 

generally ‘‘any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.’’ The Internal Revenue Service 

(IRS) uses a revenue benchmark of 

$50,000 or less to delineate its annual 

electronic filing requirements for small 

exempt organizations. Nationwide, for 

tax year 2018, there were approximately 

571,709 small exempt organizations in 

the U.S. reporting revenues of $50,000 

or less according to the registration and 

tax data for exempt organizations 

available from the IRS. 

20. Finally, the small entity described 

as a ‘‘small governmental jurisdiction’’ 

is defined generally as ‘‘governments of 

cities, counties, towns, townships, 

villages, school districts, or special 

districts, with a population of less than 

fifty thousand.’’ U.S. Census Bureau 

data from the 2017 Census of 

Governments indicates that there were 

90,075 local governmental jurisdictions 

consisting of general purpose 

governments and special purpose 

governments in the United States. Of 

this number there were 36,931 general 

purpose governments (county, 

municipal and town or township) with 

populations of less than 50,000 and 

12,040 special purpose governments— 

independent school districts with 

enrollment populations of less than 

50,000. Accordingly, based on the 2017 

U.S. Census of Governments data, the 

Commission estimates that at least 

48,971 entities fall into the category of 

‘‘small governmental jurisdictions.’’ 

1. Schools and Libraries 

21. As noted, a ‘‘small entity’’ 

includes non-profit and small 

government entities. Under the schools 

and libraries universal service support 

mechanism, which provides support for 

elementary and secondary schools and 

libraries, an elementary school is 

generally ‘‘a non-profit institutional day 

or residential school that provides 

elementary education, as determined 

under state law.’’ A secondary school is 

generally defined as ‘‘a non-profit 

institutional day or residential school 

that provides secondary education, as 

determined under state law,’’ and not 

offering education beyond grade 12. A 

library includes ‘‘(1) a public library, (2) 

a public elementary school or secondary 

school library, (3) an academic library, 

(4) a research library, . . . . and (5) a 

private library, but only if the state in 

which such private library is located 

determines that the library should be 

considered a library for the purposes of 

this definition.’’ The rule changes 

adopted in this document update the 

definition of library to add Tribal 

libraries. For-profit schools and 

libraries, and schools and libraries with 

endowments in excess of $50,000,000, 

are not eligible to receive discounts 

under the program, nor are libraries 

whose budgets are not completely 

separate from any schools. Certain other 

statutory definitions apply as well. The 

SBA has defined for-profit, elementary 

and secondary schools and libraries 

having $6 million or less in annual 

receipts as small entities. In funding 

year 2017, approximately 103,699 

schools and 11,810 libraries received 

funding under the schools and libraries 

universal service mechanism. Although 

the Commission is unable to estimate 

with precision the number of these 

entities that would qualify as small 

entities under SBA’s size standard, the 

Commission estimates that fewer than 

103,699 schools and 11,810 libraries 


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8208 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

might be affected annually by its action, 

notwithstanding the fact that more 

Tribal libraries may be encouraged to 

apply for funding under the rule change 

in the Report and Order. 

2. Telecommunications Service 

Providers 

22. Wired Telecommunications 

Carriers. The U.S. Census Bureau 

defines this industry as ‘‘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 communications networks. 

Transmission facilities may be based on 

a single technology or a combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 

that they operate to provide a variety of 

services, such as wired telephony 

services, including voice over internet 

protocol (VoIP) services, wired (cable) 

audio and video programming 

distribution, and wired broadband 

internet services. By exception, 

establishments providing satellite 

television distribution services using 

facilities and infrastructure that they 

operate are included in this industry.’’ 

The SBA has developed a small 

business size standard for Wired 

Telecommunications Carriers, which 

consists of all such companies having 

1,500 or fewer employees. U.S. Census 

Bureau data for 2012 shows that there 

were 3,117 firms that operated that year. 

Of this total, 3,083 operated with fewer 

than 1,000 employees. Thus, under this 

size standard, the majority of firms in 

this industry can be considered small. 

23. All Other Telecommunications. 

The ‘‘All Other Telecommunications’’ 

category is comprised of establishments 

primarily engaged in providing 

specialized telecommunications 

services, such as satellite tracking, 

communications telemetry, and radar 

station operation. This industry also 

includes establishments primarily 

engaged in providing satellite terminal 

stations and associated facilities 

connected with one or more terrestrial 

systems and capable of transmitting 

telecommunications to, and receiving 

telecommunications from, satellite 

systems. Establishments providing 

internet services or voice over internet 

protocol (VoIP) services via clientsupplied telecommunications 

connections are also included in this 

industry. The SBA has developed a 

small business size standard for ‘‘All 

Other Telecommunications’’, which 

consists of all such firms with annual 

receipts of $35 million or less. For this 

category, U.S. Census Bureau data for 

2012 shows that there were 1,442 firms 

that operated for the entire year. Of 

those firms, a total of 1,400 had annual 

receipts less than $25 million and 15 

firms had annual receipts of $25 million 

to $49, 999,999. Thus, the Commission 

estimates that the majority of ‘‘All Other 

Telecommunications’’ firms potentially 

affected by its action can be considered 

small. 

24. Wireless Telecommunications 

Carriers (except Satellite). This industry 

comprises establishments engaged in 

operating and maintaining switching 

and transmission facilities to provide 

communications via the airwaves. 

Establishments in this industry have 

spectrum licenses and provide services 

using that spectrum, such as cellular 

services, paging services, wireless 

internet access, and wireless video 

services. The appropriate size standard 

under SBA rules is that such a business 

is small if it has 1,500 or fewer 

employees. For this industry, U.S. 

Census Bureau data for 2012 shows that 

there were 967 firms that operated for 

the entire year. Of this total, 955 firms 

employed fewer than 1,000 employees 

and 12 firms employed 1,000 employees 

or more. Thus under this category and 

the associated size standard, the 

Commission estimates that the majority 

of Wireless Telecommunications 

Carriers (except Satellite) are small 

entities. 

25. Wireless Telephony. Wireless 

telephony includes cellular, personal 

communications services, and 

specialized mobile radio telephony 

carriers. The closest applicable SBA 

category is Wireless 

Telecommunications Carriers (except 

Satellite). Under the SBA small business 

size standard, a business is small if it 

has 1,500 or fewer employees. For this 

industry, U.S. Census Bureau data for 

2012 shows that there were 967 firms 

that operated for the entire year. Of this 

total, 955 firms had fewer than 1,000 

employees and 12 firms had 1,000 

employees or more. Thus under this 

category and the associated size 

standard, the Commission estimates that 

a majority of these entities can be 

considered small. According to 

Commission data, 413 carriers reported 

that they were engaged in wireless 

telephony. Of these, an estimated 261 

have 1,500 or fewer employees and 152 

have more than 1,500 employees. 

Therefore, based on Commission data, 

more than half of these entities can be 

considered small. 

3. Internet Service Providers (ISPs) 

26. Internet Service Providers 

(Broadband). Broadband internet 

service providers include wired (e.g., 

cable, digital subscriber line (DSL)) and 

VoIP service providers using their own 

operated wired telecommunications 

infrastructure fall in the category of 

Wired Telecommunication Carriers. 

Wired Telecommunications Carriers are 

comprised of establishments primarily 

engaged in operating and/or providing 

access to transmission facilities and 

infrastructure that they own and/or 

lease for the transmission of voice, data, 

text, sound, and video using wired 

telecommunications networks. 

Transmission facilities may be based on 

a single technology or a combination of 

technologies. The SBA size standard for 

this category classifies a business as 

small if it has 1,500 or fewer employees. 

U.S. Census Bureau data for 2012 shows 

that there were 3,117 firms that operated 

that year. Of this total, 3,083 operated 

with fewer than 1,000 employees. 

Consequently, under this size standard 

the majority of firms in this industry can 

be considered small. 

27. Internet Service Providers (NonBroadband). internet access service 

providers such as Dial-up internet 

service providers, VoIP service 

providers using client-supplied 

telecommunications connections and 

internet service providers using clientsupplied telecommunications 

connections (e.g., dial-up ISPs) fall in 

the category of All Other 

Telecommunications. The SBA has 

developed a small business size 

standard for All Other 

Telecommunications which consists of 

all such firms with gross annual receipts 

of $35 million or less. For this category, 

U.S. Census Bureau data for 2012 shows 

that there were 1,442 firms that operated 

for the entire year. Of these firms, a total 

of 1,400 had gross annual receipts of 

less than $25 million. Consequently, 

under this size standard a majority of 

firms in this industry can be considered 

small. 

4. Vendors of Internal Connections 

26. Vendors of Infrastructure 

Development or Network Buildout. The 

Commission has not developed a small 

business size standard specifically 

directed toward manufacturers of 

network facilities. There are two 

applicable SBA categories in which 

manufacturers of network facilities 

could fall and each have different size 

standards under the SBA rules. The 

SBA categories are ‘‘Radio and 

Television Broadcasting and Wireless 

Communications Equipment’’ with a 

size standard of 1,250 employees or less 

and ‘‘Other Communications Equipment 

Manufacturing’’ with a size standard of 

750 employees or less.’’ U.S. Census 


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Bureau data for 2012 shows that for 

Radio and Television Broadcasting and 

Wireless Communications Equipment 

firms 841 establishments operated for 

the entire year. Of that number, 828 

establishments operated with fewer than 

1,000 employees, and 7 establishments 

operated with between 1,000 and 2,499 

employees. For Other Communications 

Equipment Manufacturing, U.S. Census 

Bureau data for 2012 shows that 383 

establishments operated for the year. Of 

that number 379 operated with fewer 

than 500 employees and 4 had 500 to 

999 employees. Based on this data, the 

Commission concludes that the majority 

of Vendors of Infrastructure 

Development or ‘‘Network Buildout’’ are 

small. 

27. Telephone Apparatus 

Manufacturing. This industry comprises 

establishments primarily engaged in 

manufacturing wire telephone and data 

communications equipment. These 

products may be stand-alone or boardlevel components of a larger system. 

Examples of products made by these 

establishments are central office 

switching equipment, cordless and wire 

telephones (except cellular), private 

branch exchange (PBX) equipment, 

telephone answering machines, local 

area network (LAN) modems, multi-user 

modems, and other data 

communications equipment, such as 

bridges, routers, and gateways. The SBA 

has developed a small business size 

standard for Telephone Apparatus 

Manufacturing, which consists of all 

such companies having 1,250 or fewer 

employees. U.S. Census Bureau data for 

2012 shows that there were 266 

establishments that operated that year. 

Of this total, 262 operated with fewer 

than 1,000 employees. Thus, under this 

size standard, the majority of firms in 

this industry can be considered small. 

28. Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing. This industry comprises 

establishments primarily engaged in 

manufacturing radio and television 

broadcast and wireless communications 

equipment. Examples of products made 

by these establishments are: 

Transmitting and receiving antennas, 

cable television equipment, global 

positioning system (GPS) equipment, 

pagers, cellular phones, mobile 

communications equipment, and radio 

and television studio and broadcasting 

equipment. The SBA has established a 

small business size standard for this 

industry of 1,250 employees or less. 

U.S. Census Bureau data for 2012 shows 

that 841 establishments operated in this 

industry in that year. Of that number, 

828 establishments operated with fewer 

than 1,000 employees, 7 establishments 

operated with between 1,000 and 2,499 

employees and 6 establishments 

operated with 2,500 or more employees. 

Based on this data, the Commission 

concludes that a majority of 

manufacturers in this industry are 

small. 

E. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

29. The rules adopted in the Report 

and Order will not result in modified 

reporting, recordkeeping, or other 

compliance requirements for small or 

large entities. In this document, the 

Commission updates the E-Rate program 

rules to make clear that Tribal libraries 

are eligible to apply for and receive ERate funding, as well as funding from 

the Emergency Connectivity Fund 

program. These changes will produce 

requirements that are equal to existing 

requirements, and the Commission does 

not believe small entities will have to 

hire attorneys, engineers, consultants, or 

other professionals in order to comply. 

Updating the E-Rate program rules to 

adopt the amended definition of library 

under the LSTA, for example, will 

clarify that Tribal libraries are eligible 

for support by statute. Moreover, this 

clarity may also alleviate some of the 

issues that Tribal libraries face when 

seeking E-Rate support. 

F. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

30. The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) the establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’ 

31. In the Report and Order, the 

Commission has taken steps to 

minimize the economic impact on small 

entities with the rule changes that the 

Commission has adopted. Under the 

current E-Rate rules, only libraries 

eligible for assistance from a State 

library administrative agency under the 

1996 version of the LSTA are eligible for 

E-Rate funding. Absent a rule change, 

Tribal libraries continue to face 

uncertainty about eligibility which leads 

to them being underrepresented among 

E-Rate applicants. The Commission has 

therefore updated the rules to add Tribal 

libraries to the definition of library, 

which may encourage Tribal libraries to 

apply for and receive E-Rate support. In 

addition, Tribal libraries will have less 

difficulty determining eligibility than 

they have in the past. 

G. Report to Congress 

32. The Commission will send a copy 

of the Report and Order, including this 

FRFA, in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996. In addition, the Commission will 

send a copy of the Report and Order, 

including the FRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. A copy of the 

Report and Order and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

33. Paperwork Reduction Act. This 

document does not contain proposed 

information collection(s) subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

34. Congressional Review Act. The 

Commission has determined, and the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), concurs, that this rule is ‘‘nonmajor’’ under the Congressional Review 

Act, 5 U.S.C. 804(2). The Commission 

will send a copy of the Report and 

Order to Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

IV. Ordering Clauses 

35. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1 through 3, 201–202, 254, and 

303(r) of the Communications Act of 

1934, as amended, 47 U.S.C. 151–153, 

201–202, 254, and 303(r), the Report 

and Order is adopted, and §§ 54.500 and 

54.501(b)(1) of the Commission’s rules, 

47 CFR 54.500 and 54.501(b)(1), are 

amended as set forth and such rule 

amendments shall be effective March 

16, 2022. 

36. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 


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8210 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

the Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

37. It is further ordered that the 

Commission shall send a copy of the 

Report and Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

Final Rules 

For the reasons set forth above, part 

54 of title 47 of the Code of Federal 

Regulations is amended as follows: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority for part 54 continues 

to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 155, 201, 

205, 214, 219, 220, 229, 254, 303(r), 403, 

1004, 1302, and 1601–1609, unless otherwise 

noted. 

■ 2. Amend § 54.500 by revising the 

definition of ‘‘Library’’ to read as 

follows: 

§ 54.500 Terms and definitions. 

* * * * * 

Library. A ‘‘library’’ includes: 

(1) A public library; 

(2) A public elementary school or 

secondary school library; 

(3) A Tribal library; 

(4) An academic library; 

(5) A research library, which for the 

purpose of this section means a library 

that: 

(i) Makes publicly available library 

services and materials suitable for 

scholarly research and not otherwise 

available to the public; and 

(ii) Is not an integral part of an 

institution of higher education; and 

(6) A private library, but only if the 

state in which such private library is 

located determines that the library 

should be considered a library for the 

purposes of this definition. 

* * * * * 

■ 3. Amend § 54.501 by revising 

paragraph (b)(1) to read as follows: 

§ 54.501 Eligible recipients. 

* * * * * 

(b) * * * 

(1) Only libraries eligible for 

assistance from a State library 

administrative agency under the Library 

Services and Technology Act (20 U.S.C. 

9122) and not excluded under 

paragraph (b)(2) or (3) of this section 

shall be eligible for discounts under this 

subpart. 

* * * * * 

[FR Doc. 2022–03057 Filed 2–11–22; 8:45 am] 

BILLING CODE 6712–01–P 


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