[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 254-257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28421]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 10-90, WT Docket No. 10-208; DA 17-1218]


Mobility Fund Phase II Challenge Process Handsets and Access 
Procedures for the Challenge Process Portal

AGENCY: Federal Communications Commission.

ACTION: Final rule; requirements and procedures.

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SUMMARY: In this document, the Rural Broadband Auctions Task Force, 
with the Wireline Competition Bureau and the Wireless 
Telecommunications Bureau, provide further guidance on the handsets 
that mobile wireless providers in the Mobility Fund Phase II challenge 
process can designate for challengers to use when conducting speed 
tests in areas deemed presumptively ineligible for MF-II support. This 
document adopts procedures for challengers to request access to the 
Universal Service Administrative Company challenge process portal.

DATES: Parties may submit the list of provider-approved handsets as 
part of their 4G LTE coverage data filings due by January 4, 2018, or 
they may elect to supplement those filings with the handset list by no 
later than thirty days following the publication of this document in 
the Federal Register.

ADDRESSES: Submit responses to the MF-II 4G LTE data collections, 
including the list of provider-approved handsets, at www.fcc.gov/MF2-LTE-Collection. Submit waivers by email to <a href="/cdn-cgi/l/email-protection#86ebe0b4e5eee7eaeae3e8e1e3f6f4e9e5e3f5f5c6e0e5e5a8e1e9f0"><span class="__cf_email__" data-cfemail="107d76227378717c7c757e777560627f73756363507673733e777f66">[email protected]</span></a> 
or by hard copy to Margaret W. Wiener, Chief, Auctions and Spectrum 
Access Division, Wireless Telecommunications Bureau, FCC, 445 12th 
Street SW, Room 6-C217, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auction and Spectrum Access Division, Jonathan McCormack, at (202) 418-
0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice (MF-
II Challenge Process Handset Public Notice), WC Docket No. 10-90, WT 
Docket No. 10-208, DA 17-1218, adopted on December 20, 2017, and 
released on December 20, 2017. The complete text of the MF-II Challenge 
Process Handset Public Notice is available for public inspection and 
copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through 
Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC 
Reference Information Center, 445 12th Street SW, Room CY-A257, 
Washington, DC 20554. The complete text is also available on

[[Page 255]]

the Commission's website at https://ecfsapi.fcc.gov/file/122011224060/DA-17-1218A1.pdf. Alternative formats are available to persons with 
disabilities by sending an email to <a href="/cdn-cgi/l/email-protection#89cfcacabcb9bdc9efeaeaa7eee6ff"><span class="__cf_email__" data-cfemail="bdfbfefe888d89fddbdede93dad2cb">[email protected]</span></a> or by calling the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (TTY).
    1. The Rural Broadband Auctions Task Force (Task Force), in 
conjunction with the Wireline Competition Bureau and the Wireless 
Telecommunications Bureau (Bureaus), provides further requirements for 
the handsets that mobile wireless providers in the Mobility Fund Phase 
II (MF-II) challenge process must designate for challengers to use when 
conducting speed tests in areas deemed presumptively ineligible for MF-
II support. In addition, the Bureaus adopt procedures for challengers 
to request access to the Universal Service Administrative Company 
(USAC) challenge process portal.

I. Handset Requirements

    2. Under the MF-II Challenge Process Order, 82 FR 42473, September 
8, 2017, the MF-II challenge process will begin with a new, one-time 
collection of current, standardized coverage data on qualified 4G LTE 
service, which the Commission will use to establish the map of areas 
presumptively eligible for MF-II support.
    3. As part of the new, one-time data collection, each mobile 
wireless provider with qualified 4G LTE coverage is required to 
identify at least three readily-available handset models appropriate 
for testing its coverage, at least one of which must be compatible with 
industry-standard drive test software. The Commission also directed the 
Bureaus to propose and adopt further guidance on the types of devices 
that may be used for speed tests.
    4. After release of the MF-II Challenge Process Order, the Task 
Force, in conjunction with the Bureaus, released instructions for 
submitting the new 4G LTE coverage data, including the handset list, 
and announced a deadline of January 4, 2018, to submit the required 
coverage information. Pursuant to the Commission's direction, the 
Bureaus subsequently sought comment on proposed requirements to ensure 
that at least one designated handset is compatible with industry-
standard drive test software.
    5. After consideration of these comments, the Bureaus provide 
further requirements for the types of devices that may be used for 
speed tests. First, each provider must identify in its filing at least 
one device that is either: (a) Officially supported by the latest 
versions of industry-standard drive test software, such as JDSU, ZK-
SAM, Rohde & Schwartz, or TEMS; or (b) engineering-capable and able to 
be unlocked and put into diagnostic mode to interface with drive test 
software. Second, at least one of the three specified devices must run 
the Android operating system. This device can be the same device as the 
one that meets the requirements adopted for compatibility with drive-
test software, but it need not be. Because the coverage data submitted 
by affiliated entities will be consolidated when made available to 
challengers through the USAC portal, the Bureaus will consolidate the 
submitted provider handset data for such entities to the extent that 
the lists of handsets differ.
    6. Parties may file the foregoing handset information with their 
January 4, 2018 filings, or they may elect to supplement those filings 
with that handset information no later than thirty days following the 
publication of the MF-II Challenge Process Handset Public Notice in the 
Federal Register.

II. Accessing the USAC Portal

    7. Participants in the MF-II challenge process must use the USAC 
portal to file a challenge and/or respond to a challenge, as well as to 
access certain information that is pertinent to a challenge. The 
Commission directed the Bureaus to detail the process by which an 
interested party may request a USAC account to access the portal.
    8. The process for interested parties and challenged providers to 
request access to the USAC portal is as follows. Any eligible service 
provider wishing to participate in the challenge process must provide 
to the Commission, via web-based form, the legal name of the entity, 
its FCC Registration Number (FRN), and the name(s) and email 
address(es) of the user(s) (up to a maximum of three users) that should 
be granted access to the portal. Any government entity (i.e., a local, 
state, or Tribal government entity) that wishes to participate in the 
challenge process also must provide the legal name of the entity, its 
legal jurisdiction, and the name(s) and email address(es) of the 
user(s) (up to a maximum of three users) that should be granted access 
to the portal. The web page address and date by which to submit this 
contact information will be announced at a later date.
    9. The Bureaus encourage parties that may have an interest in 
participating in the challenge process to provide this contact 
information as soon as the form is available. Providing this contact 
information does not represent a commitment or obligation to 
participate in the challenge process.
    10. For a party that files a waiver petition with the Commission 
seeking to participate in the MF-II challenge process as a challenger 
(because it is not a service provider or a government entity), the 
Bureaus require such a party to submit the first and last name of the 
user(s) that should have access to the portal on its behalf, and the 
email address(es) of the user(s), up to a maximum of three users, as 
part of its petition for waiver. Any waiver petition must be submitted 
to <a href="/cdn-cgi/l/email-protection#6e03085c0d060f02020b00090b1e1c010d0b1d1d2e080d0d40090118"><span class="__cf_email__" data-cfemail="eb868dd988838a87878e858c8e9b9984888e9898ab8d8888c58c849d">[email protected]</span></a>. The Bureaus strongly encourage any 
interested party to file a waiver petition as soon as practicable.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    11. The MF-II Challenge Process Handset Public Notice implements 
the information collection requirements adopted in the MF-II Challenge 
Process Order and does not contain any new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13, 44 U.S.C. 3501-3520. The Commission sought 
and received PRA approval from the Office of Management and Budget 
(OMB) under its emergency processing procedures for the information 
collection requirements associated with the qualified 4G LTE coverage 
data collection, as adopted in the MF-II Challenge Process Order and 
further explained in the MF-II Challenge Process Handset Public Notice. 
The OMB control number for this collection is OMB 3060 1242. The 
Commission is currently seeking PRA approval for the information 
collection requirements related to the challenge process itself, as 
adopted in the MF-II Challenge Process Order and further explained in 
the MF-II Challenge Process Handset Public Notice. The MF-II Challenge 
Process Handset Public Notice does not adopt any additional information 
collection requirements beyond those adopted in the MF-II Challenge 
Process Order.

B. Supplemental Final Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission prepared Initial Regulatory Flexibility 
Analyses (IRFAs) in connection with the USF/ICC Transformation FNPRM, 
76 FR 78383, December 16, 2011, the 2014 CAF FNPRM, 80 FR 4445, January 
27, 2015, and the MF-II FNPRM, 82 FR 13413,

[[Page 256]]

March 13, 2017 (collectively, MF-II FNPRMs). A Supplemental Initial 
Regulatory Flexibility Analysis (SIRFA) was also filed in the MF-II 
Challenge Process Comment Public Notice, 82 FR 51180, November 3, 2017, 
in this proceeding. The Commission sought written public comment on the 
proposals in MF-II FNPRMs and in the MF-II Challenge Process Comment 
Public Notice, including comments on the IRFAs and SIRFA. The 
Commission received three comments in response to the MF-II FNPRM IRFA. 
No comments were filed addressing the USF/ICC Transformation FNPRM 
IRFA, the 2014 CAF FNPRM IRFA, or the MF-II Challenge Process Comment 
Public Notice SIRFA. The Commission included Final Regulatory 
Flexibility Analyses (FRFAs) in connection with the 2014 CAF Order, the 
MF-II Order, and the MF-II Challenge Process Order (collectively, the 
MF-II Orders). This Supplemental Final Regulatory Flexibility Analysis 
(SFRFA) supplements the FRFAs in the MF-II Orders to reflect the 
actions taken in the MF-II Challenge Process Handset Public Notice and 
conforms to the RFA.
1. Need for, and Objectives of, The MF-II Challenge Process Handset 
Public Notice
    13. The MF-II Challenge Process Handset Public Notice provides 
further requirements on the handsets that mobile wireless providers in 
the MF-II challenge process must designate for challengers to use when 
conducting speed tests in areas deemed presumptively ineligible for MF-
II support. In addition, the MF-II Challenge Process Handset Public 
Notice adopts procedures for challengers to request access to the USAC 
challenge process portal.
    14. Following the release of the MF-II Orders, the Commission 
released the MF-II Challenge Process Comment Public Notice. The MF-II 
Challenge Process Comment Public Notice proposed and sought comment on 
specific parameters and procedures to implement the MF-II challenge 
process, including requirements for the provider-approved handsets that 
prospective challengers will use to conduct speed tests, and the 
process by which challengers and respondents can request access to the 
USAC portal. The MF-II Challenge Process Comment Public Notice did not 
change matters adopted in the MF-II Orders and requested comment on how 
the proposals in the MF-II Challenge Process Comment Public Notice 
might affect the previous regulatory flexibility analyses in this 
proceeding.
    15. The MF-II Challenge Process Handset Public Notice establishes 
procedures for providers to identify at least three readily available 
handset models appropriate for testing those providers' coverage, and 
establishes that the Bureaus will consolidate submitted provider 
handset data for affiliated entities to the extent that the lists of 
handsets differ. In addition, providers are required to specify at 
least one handset running on the Android operating system, and at least 
one handset that is either compatible with the latest versions of drive 
test software, or is capable of being unlocked and configured to run 
the latest versions of drive test software.
    16. The procedures also require all eligible service providers 
wishing to participate in the challenge process to provide to the 
Commission the legal name of the entity, its FRN, and the name(s) and 
email address(es) of the user(s) (up to a maximum of three users) that 
should be granted access to the portal. Any government entity (i.e., a 
local, state, or Tribal government entity) that wishes to participate 
in the challenge process also must provide the legal name of the 
entity, its legal jurisdiction, and the name(s) and email address(es) 
of the user(s) (up to a maximum of three users) that should be granted 
access to the portal. A web-based form will be used to collect this 
information. A party that files a waiver petition with the Commission 
seeking to participate in the MF-II challenge process as a challenger 
(because it is not a service provider or a government entity), must 
submit the first and last name of the user(s) that should have access 
to the portal on its behalf, and the email address(es) of the user(s), 
up to a maximum of three users, as part of its petition for waiver.
    17. Finally, the requirements established in the MF-II Challenge 
Process Handset Public Notice are designed to anticipate the challenges 
faced by small entities (e.g., governmental entities or small service 
providers) in complying with the Bureaus' implementation of the 
Commission's rules and our proposals. For example, the requirement that 
providers specify a minimum of three devices, at least one of which 
must be running on the Android operating system, is intended to provide 
small entities with sufficient flexibility to choose a device that fits 
their needs and budgets.
    18. Accordingly, the handset requirements and portal access 
procedures established in the MF-II Challenge Process Handset Public 
Notice are consistent with the MF-II Orders and the prior regulatory 
flexibility analyses set forth in this proceeding, and no changes to 
the Bureaus' earlier analyses are required.
2. Summary of Significant Issues Raised by Public Comments in Response 
to the SIRFA
    19. There were no comments filed that specifically addressed the 
proposed procedures presented in the SIRFA.
3. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration
    20. 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 for Advocacy 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.
    21. The Chief Counsel did not file any comments in response to the 
proposed procedures in this proceeding.
4. Description and Estimate of the Number of Small Business Entities To 
Which the Procedures Will Apply
    22. 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 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 
SBA.
    23. As noted above, FRFAs were incorporated into the MF-II Orders. 
In those analyses, the Bureaus described in detail the small entities 
that might be significantly affected. In the MF-II Challenge Process 
Handset Public Notice, the Bureaus incorporate by reference the 
descriptions and estimates of the number of small entities from the 
previous FRFAs in the MF-II Orders.
5. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    24. The data, information and document collection required by the 
MF-II Orders as described in the previous FRFAs and the SIRFA in the 
MF-II Challenge Process Comment

[[Page 257]]

Public Notice in this proceeding are hereby incorporated by reference.
6. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    25. The RFA requires an agency to describe any significant 
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 or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) and 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    26. The analysis of the Commission's efforts to minimize the 
possible significant economic impact on small entities as described in 
the previous MF-II Order FRFAs are hereby incorporated by reference. As 
discussed above, the requirements and procedures established in the MF-
II Challenge Process Handset Public Notice are intended to provide 
small entities with sufficient flexibility to choose a device that fits 
their needs and budgets thereby minimizing significant economic impact 
on small entities.
7. Report to Congress
    27. The Commission will send a copy of the MF-II Challenge Process 
Handset Public Notice, including this SFRFA, in a report to Congress 
pursuant to the Congressional Review Act. In addition, the Commission 
will send a copy of the MF-II Challenge Process Handset Public Notice, 
including this SFRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the MF-II Challenge Process Handset Public Notice, and SFRFA 
(or summaries thereof) will also be published in the Federal Register.

IV. Contact Information

    28. For information on the one-time 4G LTE coverage data 
collection, see 4G LTE Collection Instructions Public Notice, or 
consult the Commission's MF-II 4G LTE Data Collection web page at 
www.fcc.gov/MF2-LTE-Collection. Please note that responses to the MF-II 
4G LTE data collection are due by January 4, 2018. Parties with 
questions about the collection should email <a href="/cdn-cgi/l/email-protection#016d756465607560416762622f666e77"><span class="__cf_email__" data-cfemail="6408100100051005240207074a030b12">[email protected]</span></a> or contact 
Ken Lynch at (202) 418-7356 or Ben Freeman at (202) 418-0628.
    29. For further information concerning the MF-II Challenge Process 
Comment Public Notice, contact Jonathan McCormack, Auctions and 
Spectrum Access Division, Wireless Telecommunications Bureau, at (202) 
418-0660.

Federal Communications Commission.

William W. Huber,
Associate Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2017-28421 Filed 1-2-18; 8:45 am]
 BILLING CODE 6712-01-P


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