52114 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 

plc): Docket No. FAA–2020–0364; Project 

Identifier MCAI–2019–00119–E. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by November 4, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Rolls-Royce 

Deutschland Ltd & Co KG (Type Certificate 

previously held by Rolls-Royce plc) (RRD) 

Trent 1000–A2, Trent 1000–AE2, Trent 

1000–C2, Trent 1000–CE2, Trent 1000–D2, 

Trent 1000–E2, Trent 1000–G2, Trent 1000– 

H2, Trent 1000–J2, Trent 1000–K2, and Trent 

1000–L2 model turbofan engines. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7200, Engine (Turbine/Turboprop). 

(e) Unsafe Condition 

This AD was prompted by the 

manufacturer revising the engine Time 

Limits Manual (TLM) life limits of certain 

critical rotating parts, updating direct 

accumulation counting (DAC) data files, and 

updating certain maintenance tasks. The 

FAA is issuing this AD to prevent the failure 

of critical rotating parts. The unsafe 

condition, if not addressed, could result in 

failure of one or more engines, loss of thrust 

control, and loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraph (h) of this 

AD: Perform all required actions within the 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency AD 2020–0241, dated 

November 5, 2020 (EASA AD 2020–0241). 

(h) Exceptions to EASA AD 2020–0241 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2020– 

0241 are not required by this AD. 

(2) Where EASA AD 2020–0241 requires 

compliance from its effective date, this AD 

requires using the effective date of this AD. 

(3) Paragraph (3) of EASA AD 2020–0241 

specifies revising the approved AMP within 

12 months after its effective date, but this AD 

requires revising the existing approved AMP 

within 90 days after the effective date of this 

AD. 

(4) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2020–0241. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0241 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ECO Branch, send it to 

the attention of the person identified in 

paragraph (k)(2) of this AD. Information may 

be emailed to: ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For more information about EASA AD 

2020–0241, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; 

telephone: +49 221 8999 000; email: ADs@

easa.europa.eu. You may find this material 

on the EASA website at https://ad.easa.

europa.eu. You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (781) 238–7759. 

This material may be found in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2020–0364. 

(2) For more information about this AD, 

contact Kevin M. Clark, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: (781) 

238–7088; fax: (781) 238–7199; email: 

kevin.m.clark@faa.gov. 

(3) For RRD service information identified 

in this AD, contact Rolls-Royce plc, 

Corporate Communications, P.O. Box 31, 

Derby, DE24 8BJ, United Kingdom; phone: 

+44 (0)1332 242424; fax: +44 (0)1332 249936; 

website: https://www.rolls-royce.com/ 

contact-us.aspx. You may view this material 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (781) 238–7759. 

Issued on September 14, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–20234 Filed 9–17–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2020–0862] 

COVID–19 Related Relief Concerning 

Operations at Chicago O’Hare 

International Airport, John F. Kennedy 

International Airport, Los Angeles 

International Airport, Newark Liberty 

International Airport, New York 

LaGuardia Airport, Ronald Reagan 

Washington National Airport, and San 

Francisco International Airport for the 

Winter 2021/2022 Scheduling Season 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed extension of 

a limited, conditional waiver of the 

minimum slot usage requirement for all 

international operations. 

SUMMARY: The FAA proposes to extend 

through March 26, 2022, the 

Coronavirus (COVID–19)-related 

limited, conditional waiver of the 

minimum slot usage requirement at 

John F. Kennedy International Airport 

(JFK), New York LaGuardia Airport 

(LGA), and Ronald Reagan Washington 

National Airport (DCA) that the FAA 

has already made available through 

October 30, 2021, for all international 

operations. Similarly, the FAA proposes 

to extend through March 26, 2022, its 

COVID–19-related limited, conditional 

policy for prioritizing flights canceled at 

designated International Air Transport 

Association (IATA) Level 2 airports in 

the United States, for purposes of 

establishing a carrier’s operational 

baseline in the next corresponding 

season, for all international operations. 

These IATA Level 2 airports include 

Chicago O’Hare International Airport 

(ORD), Newark Liberty International 

Airport (EWR), Los Angeles 

International Airport (LAX), and San 

Francisco International Airport (SFO). 

This relief would be limited to slots and 

approved operating times used by any 

carrier for international operations only, 

through March 26, 2022, and would be 

subject to the same terms and 

conditions, with minor modifications, 

that the FAA has already applied to the 

relief that remains available through 

October 30, 2021. This notice invites 

stakeholders to submit comments with 

detailed supporting information 

relevant to FAA making a final decision. 

The FAA anticipates subsequently 

providing notice of its final decision. 

DATES: Submit comments on or before 

September 27, 2021. 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 52115 

1The FAA has authority for developing ‘‘plans 

and policy for the use of the navigable airspace’’ 

and for assigning ‘‘by regulation or order the use of 

the airspace necessary to ensure the safety of 

aircraft and the efficient use of airspace.’’ 49 U.S.C. 

40103(b)(1). The FAA manages slot usage 

requirements under the authority of 14 CFR 93.227 

at DCA and under the authority of Orders at JFK 

and LGA. See Operating Limitations at John F. 

Kennedy International Airport, 85 FR 58258 (Sep. 

18, 2020); Operating Limitations at New York 

LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020). 

2Although DCA and LGA are not designated as 

IATA Level 3 slot-controlled airports given that 

these airports primarily serve domestic 

destinations, the FAA limits operations at these 

airports via rules at DCA and an Order at LGA that 

are equivalent to IATA Level 3. See FN 1. The FAA 

reiterates that the relief provided in the March 16, 

2020, notice (85 FR 15018), the April 17, 2020, 

notice (85 FR 21500), the October 7, 2020, notice 

(85 FR 63335), and this policy statement, extends 

to all allocated slots, including slots allocated by 

exemption. 

3Notice of Limited Waiver of the Slot Usage 

Requirement, 85 FR 15,018 (Mar. 16, 2020). 

4Notice of Extension of Limited Waiver of the 

Minimum Slot Usage Requirement, 85 FR 21,500 

(Apr. 17, 2020); Extension of Limited Waiver of the 

Minimum Slot Usage Requirement, 85 FR 63,335 

(Oct. 7, 2020); and FAA Policy Statement: Limited, 

Conditional Extension of COVID–19 Related Relief 

for the Summer 2021 Scheduling Season (Docket 

No. FAA–2020–0862–0302). 

5FAA Policy Statement: Limited, Conditional 

Extension of COVID–19 Related Relief for the 

Summer 2021 Scheduling Season (Docket No. 

FAA–2020–0862–0302). 

6https://covid19.who.int/table. 

7COVID–19 weekly epidemiological update, 

September 14, 2021, available at: https://

www.who.int/emergencies/diseases/novelcoronavirus-2019/situation-reports See also https:// 

covid19.who.int/ for WHO COVID–19 Dashboard 

with the most current number of cases reported. 

8https://www.who.int/en/activities/trackingSARS-CoV-2-variants/. 

9Center for Disease Control (CDC), About 

Variants of the Virus that Causes COVID–19, 

available at: https://www.cdc.gov/coronavirus/2019- 

ncov/variants/variant.html. 

10 Id. 

11 Id. See also https://www.cdc.gov/coronavirus/ 

2019-ncov/vaccines/effectiveness/work.html. 

12https://www.whitehouse.gov/wp-content/ 

uploads/2021/01/National-Strategy-for-the-COVID19-Response-and-Pandemic-Preparedness.pdf. 

13President Biden’s COVID–19 Plan | The White 

House. 

14https://www.fda.gov/emergency-preparednessand-response/coronavirus-disease-2019-covid-19/ 

covid-19-vaccines. 

15CDC, COVID–19 Vaccinations in the United 

States, updated September 13, 2021, available at: 

https://covid.cdc.gov/covid-data-tracker/ 

#vaccinations. 

16https://covid19.who.int/region/amro/country/ 

us. 

17FAA Policy Statement: Limited, Conditional 

Extension of COVID–19 Related Relief for the 

Summer 2021 Scheduling Season. (Docket No. 

FAA–2020–0862–0302). See also https://covid19.

who.int/region/amro/country/us. 

18COVID–19 weekly epidemiological update, 

September 14, 2021, available at: https://

www.who.int/emergencies/diseases/novelcoronavirus-2019/situation-reports. See also https:// 

covid19.who.int/region/amro/country/us. 

19https://www.whitehouse.gov/briefing-room/ 

statements-releases/2021/06/03/statement-bypresident-joe-biden-on-global-vaccine-distribution/. 

ADDRESSES: Submit written views and 

supporting data by email to the Slot 

Administration Office at 9-FAA-SlotPolicy@faa.gov. 

FOR FURTHER INFORMATION CONTACT: Al 

Meilus, Manager, Slot Administration, 

AJR–G, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–2822; email 

Al.Meilus@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 16, 2020, the FAA granted 

a limited waiver of the minimum slot 

usage requirements 1 to carriers 

operating at all slot-controlled airports 

in the United States (DCA, JFK, and 

LGA) 2 and related relief to carriers 

operating at designated IATA Level 2 

airports in the United States (EWR, 

LAX, ORD, SFO) due to the 

extraordinary impacts on the demand 

for air travel resulting from the COVID– 

19 pandemic.3 Since the initial slot 

usage waiver and related relief was 

provided, the FAA has taken action to 

extend the relief provided on three 

occasions subject to certain substantive 

changes, including the addition of 

conditions, as the COVID–19 situation 

continued to evolve.4 The most recent 

limited, conditional extension of 

COVID–19 related relief was issued by 

the FAA on January 13, 2021, and is due 

to expire on October 31, 2021.5

Current COVID–19 Situation 

Since the FAA’s January 13, 2021, 

policy statement granting a limited, 

conditional extension of COVID–19- 

related relief at slot-controlled airports 

and IATA Level 2 airports in the United 

States, COVID–19 has continued to 

cause disruption globally and the 

timeline for recovery from this global 

pandemic remains uncertain. The World 

Health Organization (WHO) reports 

COVID–19 cases in more than 200 

countries, areas, and territories 

worldwide.6 For the week ending 

September 12, 2021, the WHO reported 

nearly 4 million new COVID–19 cases 

and just over 62,000 new deaths, 

bringing the cumulative total to more 

than 224 million reported COVID–19 

cases and more than 4.6 million deaths 

globally since the start of the COVID–19 

pandemic.7

The WHO reports that it is monitoring 

multiple variants globally; currently the 

WHO has classified four different 

variants as ‘‘variants of concern’’ and 

five different variants as ‘‘variants of 

interest.’’ 8 The Center for Disease 

Control (CDC) is monitoring four 

variants of COVID–19 in the United 

States.9 These variants include: The 

B.1.1.7 (Alpha), B.1.351 (Beta), P.1 

(Gamma), and B.1.617.2 (Delta).10 The 

CDC has stated that these variants of 

concern—including the current 

dominant Delta variant—spread more 

easily and quickly. However, the CDC 

reports that so far, studies suggest that 

the current Food and Drug 

Administration (FDA)-approved or 

authorized vaccines do work against the 

circulating variants.11

On January 21, 2021, President Biden 

announced the National Strategy for the 

COVID–19 Response and Pandemic 

Preparedness, a national strategy to beat 

the COVID–19 pandemic.12 The strategy 

is a comprehensive plan that starts with 

restoring public trust and mounting an 

aggressive, safe, and effective 

vaccination campaign while continuing 

with the steps that stop the spread like 

expanded masking, testing, and social 

distancing. On September 9, 2021, 

President Biden announced a sixpronged approach to expand 

vaccinations, provide booster shots, 

keep schools safely open, increase 

testing and masking, protect the 

economic recovery, and improve care 

for those with COVID–19.13

Currently three COVID–19 vaccines 

have been authorized for emergency use 

or approved by the FDA.14 As of 

September 13, 2021, 53.9% of 

Americans are fully vaccinated and 

63.2% of Americans have received at 

least one dose.15 Increased rates of 

vaccination in the U.S., along with other 

measures to stop the spread have 

resulted in an overall decline of the U.S. 

COVID–19 infection rate since the 

previous COVID–19 waiver proceeding. 

However, cases increased again 

following the U.S. reaching its lowest 

rates of infection experienced since the 

week of March 16, 2020 (79,358 

confirmed new cases for the week of 

June 14 reflected the lowest rate of 

infection since the week of March, 16, 

2020).16 When the FAA extended 

COVID–19-related relief on January 13, 

2021, the number of confirmed cases of 

COVID–19 in the U.S. for the week of 

January 11, 2021, based on WHO data, 

was 1,580,016.17 For the week ending 

September 12, 2021, which is the most 

recent week for which data is available, 

the WHO reports 1,034,836 confirmed 

cases in the United States.18

The U.S. is attempting to distribute 

vaccines globally to help vaccination 

numbers improve.19 On August 18, 

2021, President Biden announced that 

in the months of June and July the 

United States had donated 100 million 

doses and that in the coming months of 

fall and early winter another 100 

million boosters and 200 million 

52116 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 

20https://www.whitehouse.gov/briefing-room/ 

speeches-remarks/2021/08/18/remarks-bypresident-biden-on-fighting-the-covid-19-pandemic2/. 

21https://www.whitehouse.gov/briefing-room/ 

presidential-actions/2021/01/25/proclamation-onthe-suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-whopose-a-risk-of-transmitting-coronavirus-disease/. 

22https://travel.state.gov/content/travel/en/ 

traveladvisories/traveladvisories.html/. 

23https://www.cdc.gov/coronavirus/2019-ncov/ 

travelers/map-and-travel-notices.html#travel-4. 

24https://www.cdc.gov/coronavirus/2019-ncov/ 

travelers/travel-during-covid19.html. 

25See 85 FR 15018 (Mar. 16, 2020). 

26Operating Limitations at John F. Kennedy 

International Airport, 85 FR 58258 (Sep. 18, 2020); 

Operating Limitations at New York LaGuardia 

Airport, 85 FR 47065 at 58255 (Sep. 18, 2020). 

27At JFK, historical rights to operating 

authorizations and withdrawal of those rights due 

to insufficient usage will be determined on a 

seasonal basis and in accordance with the schedule 

approved by the FAA prior to the commencement 

of the applicable season. See JFK Order, 85 FR at 

58260. At LGA, any operating authorization not 

used at least 80 percent of the time over a twomonth period will be withdrawn by the FAA. See 

LGA Order, 85 FR at 58257. 

28See 14 CFR 93.227(a). 

29See 14 CFR 93.227(j). 

30All petitions and other submissions related to 

COVID–19 relief beyond the Summer 2021 season 

received by the FAA, with exception of one petition 

which was marked privileged and confidential, 

have been included in the docket for this 

proceeding. The FAA notes that two submissions 

were received from IATA, dated June 4 and June 25, 

2021, respectively. 

31A summary of the WASB proposal for Winter 

2021/2022 was included in an annex to IATA’s June 

4, 2021 petition, which has been placed in the 

docket for this proceeding. 

additional doses will be donated to 

other countries.20

The President has placed a 

suspension and limitation on entry into 

the United States for non-U.S. citizens 

or permanent residents who have been 

present in, several foreign countries 

within the preceding 14 days.21

International travel advisories issued by 

the U.S. Department of State’s Global 

Health Advisory remain in effect 

worldwide, including designations 

ranging from Level 1—Exercise Normal 

Precautions to Level 4—Do Not Travel 

for more than 200 destinations.22 A 

majority of countries are designated 

either Level 3 of Level 4—where 

COVID–19 numbers are classified as 

high and very high, respectively.23 The 

U.S. Department of State advises that 

challenges to any international travel at 

this time may include mandatory 

quarantines, travel restrictions, and 

closed borders. The U.S. Department of 

State has noted further that foreign 

governments may implement 

restrictions with little notice, even in 

destinations that were previously low 

risk. Accordingly, the U.S. Department 

of State has warned Americans choosing 

to travel internationally that their trip 

may be disrupted severely and it may be 

difficult to arrange travel back to the 

United States. The CDC advises 

prospective domestic travelers to 

consider whether their destination has 

requirements or restrictions for 

travelers, and notes that State, local, and 

territorial governments may have travel 

restrictions in place, including testing 

requirements, stay-at-home orders, and 

quarantine requirements upon arrival.24

Standard Applicable to This Waiver 

Proceeding 

The FAA reiterates the standards 

applicable to petitions for waivers of the 

minimum slot usage requirements in 

effect at DCA, JFK, and LGA, as 

discussed in the FAA’s initial decision 

granting relief due to COVID–19 

impacts.25 At JFK and LGA, each slot 

must be used at least 80 percent of the 

time.26 Slots not meeting the minimum 

usage requirements will be withdrawn. 

The FAA may waive the 80 percent 

usage requirement in the event of a 

highly unusual and unpredictable 

condition that is beyond the control of 

the slot-holding air carrier and which 

affects carrier operations for a period of 

five consecutive days or more.27

At DCA, any slot not used at least 80 

percent of the time over a two-month 

period also will be recalled by the 

FAA.28 The FAA may waive this 

minimum usage requirement in the 

event of a highly unusual and 

unpredictable condition that is beyond 

the control of the slot-holding carrier 

and which exists for a period of nine or 

more days.29

When making decisions concerning 

historical rights to allocated slots, 

including whether to grant a waiver of 

the usage requirement, the FAA seeks to 

ensure the efficient use of valuable 

aviation infrastructure while 

maximizing the benefits to airport users 

and the traveling public. This minimum 

usage requirement is expected to 

accommodate routine cancelations 

under all but the most unusual 

circumstances. Carriers proceed at risk 

if, at any time prior to a final decision, 

they make decisions in anticipation of 

the FAA granting a slot usage waiver. 

Summary of Petitions From 

Stakeholders Concerning Continued 

COVID–19 Relief 

The FAA has received nine petitions 

regarding COVID–19-related relief for 

the Winter 2021/2022 season to date. 

Five petitioners, including the 

International Air Transport Association 

(IATA), Avianca Airlines, All Nippon 

Airways (ANA), Lufthansa Group, and 

Airlines for America (A4A) 30 seek 

further relief through the end of the 

Winter 2021/2022 scheduling season 

due to ongoing COVID–19 impacts on 

demand for air travel. These petitioners 

emphasize the critical importance of an 

expedient decision to provide the 

industry with stability and certainty 

during the ongoing COVID–19 

pandemic. Three petitioners, including 

JetBlue Airways (JetBlue), Southwest 

Airlines Co. (Southwest), and Airports 

Council International-North America 

(ACI–NA), oppose further extension of 

the limited, conditional relief FAA has 

made available through October 30, 

2021. ACI–NA and JetBlue oppose any 

further relief due to COVID–19; 

however, JetBlue recognizes the 

potential need for relief for international 

operations and urges FAA to adopt a 

case-by-case approach to evaluating 

petitions for relief. Southwest 

specifically opposes any further relief at 

U.S. domestic airports, DCA and LGA. 

One petitioner submitted a petition 

marked privileged and confidential. 

IATA, Avianca, ANA, and Lufthansa 

Group support continued relief for 

international operations at U.S. slotcontrolled and IATA Level 2 airports 

and would prefer the FAA adopt the 

Worldwide Airport Slot Board’s (WASB) 

slot relief package.31 The FAA has 

previously described the provisions of 

the WASB slot relief package and 

explained how the provisions would be 

applied in the United States, if adopted, 

in a notice of proposed extension of a 

limited, conditional waiver of minimum 

slot usage requirement beyond March 

27, 2021, which was published in the 

Federal Register on December 22, 2020 

(85 FR 83672). The WASB slot relief 

package remains unchanged from the 

prior slot relief proceeding. 

IATA believes ‘‘the situation remains 

critically desperate and recovery slow’’ 

highlighting the ‘‘uncertainty around 

the need for booster vaccinations this 

fall, the impact of variants and 

government management of restrictions 

related to these outbreaks, lack of 

significant corporate demand until at 

least 2022, significant new outbreaks in 

Asia and Latin American and the related 

government retraction from reopening, 

as well as the disparity between 

countries approaches to managing the 

risk’’ as justification for continued slot 

relief for international operations. IATA 

states that flexibility from continued 

slot usage relief ‘‘enables airlines to 

focus flying where there is demand and 

not purely to satisfy slot use rules’’ and 

that ‘‘worsening the competitive 

position of U.S. aviation as it emerges 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 52117 

32The FAA notes that for purposes of the relief 

proposed in this proceeding, Canadian carriers 

would be treated as foreign carriers. 

from the crisis only serves to jeopardize 

more jobs and further risks U.S. 

international connectivity.’’ 

A4A supports a waiver of minimum 

slot usage requirements for international 

operations at U.S. slot-controlled 

airports and IATA Level 2 airports. A4A 

believes a waiver of minimum slot usage 

requirements for international 

operations is needed because 

‘‘international demand remains 

repressed and to ensure a level playing 

field.’’ A4A states that international 

operations ‘‘remain significantly 

deterred as a result of COVID–19 and 

direct government actions.’’ Further 

A4A highlights that ‘‘many countries 

have included reciprocity requirements 

previously and will likely wait until the 

U.S. acts before providing relief to 

ensure foreign carrier access to slots and 

gates in the U.S. when they resume 

operations.’’ A4A asserts, ‘‘without 

reciprocity U.S. carriers will lose slots 

in key international markets and be put 

at a significant competitive 

disadvantage relative to foreign 

competitors.’’ 

JetBlue and ACI–NA oppose 

continued slot usage relief and support 

a return to usual 80/20 minimum slot 

usage requirements. ACI–NA believes 

that ‘‘the U.S. is turning the corner in 

our battle against Coronavirus’’ and that 

‘‘there are beginning to be opportunities 

for international travel.’’ ACI–NA states 

that ending slot usage waivers ‘‘will 

allow affected airports to begin piecing 

together their future air services 

portfolios that enable airports to drive 

sustainable economic growth for the 

communities they serve.’’ Likewise, 

JetBlue believes that ‘‘demand has 

returned and is growing and the U.S. 

airline industry will not be able to 

recover with full haste if competitionaltering slot waivers continue without 

restriction.’’ In addition, JetBlue 

believes that international flying levels 

may never return and broad waivers 

discourage the repurposing of slots 

previously used for international 

service. However, JetBlue states that it 

‘‘appreciates the complexities in 

international markets that were raised in 

the IATA letter’’ and urges that ‘‘DOT/ 

FAA enable a case-by-case evaluation 

for limited exemptions based on 

extreme circumstances such as border 

closure or conditions of entry that 

represent de facto border closure.’’ 

Southwest opposes continued slot 

usage relief at domestic-focused 

airports. Southwest specifically requests 

that the FAA ‘‘reject any further 

requests for waivers of slot usage 

requirements for DCA and LGA, 

considering (a) the resurgence in the 

demand for domestic airline travel since 

March 2021, and (b) that DCA and LGA 

have perimeter restrictions that ensures 

the vast majority of flights from these 

airports are domestic.’’ In addition, 

Southwest states, ‘‘reopening these two 

predominately domestic airports would 

reflect the reality that domestic traffic is 

far more robust than international 

markets.’’ Further, Southwest requests 

the FAA reduce barriers to competition 

at DCA and LGA and believes returning 

to normal slot usage requirements will 

‘‘clear the way for such competition to 

resume.’’ 

Discussion of Proposal 

Continued Relief for International 

Operations Through March 26, 2022 

In consideration of the foregoing 

information, the petitions that the FAA 

has received, and the evolving and 

highly unpredictable situation globally 

with respect to ongoing impacts from 

COVID–19 at the current moment, the 

FAA proposes to extend, for all 

international operations, the current 

limited, conditional relief that FAA has 

already made available through October 

30, 2021, through the end of the Winter 

2021/2022 season on March 26, 2022.32

This relief would be limited to slots and 

approved operating times used by 

carriers for international operations, 

through March 26, 2022, and would be 

subject to the same terms and 

conditions, with minor modifications, 

that the FAA has applied to the relief 

already made available through October 

30, 2021, which the FAA reiterates in 

this notice. International operations, for 

purpose of this notice, are flights 

intended for operation between one of 

the U.S. slot-controlled or IATA Level 2 

airports and any point in a foreign 

jurisdiction. 

It is not the policy of the Department 

of Transportation (DOT) to use slot and 

Level 2 rules to reserve capacity for 

historic incumbent carriers until 

demand returns to predetermined 

levels. Instead, it is the policy of the 

Department to encourage high 

utilization of scarce public 

infrastructure. Under the established 

standard, slot usage waivers are 

generally used to address short-term, 

unpredictable shocks to demand or 

capacity that are beyond carriers’ 

control. After 19 months of experience, 

the DOT believes it is becoming 

apparent that COVID–19 is causing 

structural and operational changes to 

the airline industry; the industry is 

adapting; and the issuance of waivers 

should not hinder that adaptation. As 

previously stated, at some point in time, 

repeated waivers to preserve pre-COVID 

slot holdings will impede the ability of 

airports and airlines to provide services 

that benefit the overall national 

economy and make appropriate use of 

scarce public assets. Therefore, the FAA 

emphasizes that operators should not 

assume further relief on the basis of 

COVID–19 will be forthcoming beyond 

the end of the Winter 2021/22 

scheduling season. 

IATA reports that international flights 

globally are operating around 88% 

below 2019 levels, with only slight 

recovery in international traffic forecast 

by the end of 2021 to about 66% below 

2019 levels. As indicated by IATA, 

‘‘[t]he situation remains critically 

desperate and recovery slow with low 

advance bookings and many more lastminute bookings (and cancellations) on 

most routes projected for the foreseeable 

future. Uncertainty around the need for 

booster vaccinations this fall, the impact 

of variants and government management 

of restrictions related to these outbreaks, 

lack of significant corporate demand 

until at least 2022, significant new 

outbreaks in Asia and Latin America 

and the related government retraction 

from reopening, as well as the disparity 

between countries approaches to 

managing the risk justifies continued 

slot relief at this time. Without any 

stability and planning still at a 6–8 week 

horizon, airlines will continue to need 

maximum flexibility.’’ 

FAA agrees with these petitioners and 

believes, based on global vaccination 

rates, changing infection rates and the 

threat of new virus strains, continued 

unpredictability of international travel 

restrictions, and the disparity between 

demand for domestic air travel and 

demand for international air travel, that 

extending the current limited, 

conditional waiver for international 

operations by all carriers, is reasonable. 

The FAA believes that extending the 

limited, conditional slot usage waiver, 

for international operations only, 

through the Winter 2021/2022 season 

would provide carriers with flexibility 

to operate in the unpredictable 

international market and would support 

long term viability of carrier operations 

at slot-controlled and IATA Level 2 

airports in the United States. 

The FAA recognizes that domestic 

carriers have a mix of both domestic and 

international operations and therefore 

the agency intends to make this relief 

available for international operations 

that would have been operated in the 

Winter 2021/2022 season, but for 

COVID–19 impacts. In other words, the 

FAA intends to provide this conditional 

relief to domestic carriers on a scale that 

52118 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 

33FAA Policy Statement: Limited, Conditional 

Extension of COVID–19 Related Relief for the 

Summer 2021 Scheduling Season. (Docket No. 

FAA–2020–0862–0302). 

34Consistent with the FAA’s final policy 

statement issued January 13, 2021, this priority 

would apply to slot or schedule requests for Winter 

2022/2023, which are comparable in timing, 

frequency, and duration to the non-historic ad hoc 

approvals made by the FAA for Winter 2021/2022. 

This priority does not affect the historic precedence 

or priority of slot holders and carriers with 

schedule approvals, respectively, which meet the 

conditions of the waiver during Winter 2021/2022 

and seek to resume operating in Winter 2022/2023. 

The FAA may consider this priority in the event 

that slots with historic precedence become available 

for permanent allocation by the FAA. 

35Although the FAA is proposing to extend the 

four-week rolling return policy consistent with the 

Summer 2021 waiver, any carrier returning fullseason slots or schedule approvals at an airport 

outside the United States and associated with a 

route to the United States will generally be 

expected to similarly return the complementary 

full-season U.S. slot or schedule approval to the 

FAA for re-allocation on a non-historic or ad hoc 

basis. 

36As previously explained, the FAA has 

determined not to revise this condition to include 

a buffer period for new transfers to be completed 

and still benefit from this waiver. Therefore, this 

policy will remain in effect continuously from the 

initial effective date of October 16, 2020. 

37See FAA Policy Statement: Limited, 

Conditional Extension of COVID–19 Related Relief 

for the Summer 2021 Scheduling Season (Docket 

No. FAA–2020–0862–0302). 

is comparable to each carrier’s preCOVID level of international service. 

The FAA would generally evaluate any 

request for relief from U.S. carriers for 

the Winter 2021/2022 scheduling season 

based on historical levels of operations 

to foreign points as demonstrated in 

published schedules. Domestic carriers 

seeking relief for a particular operation 

under the waiver will need to provide 

the FAA, if not readily apparent from 

FAA records and historic published 

schedule data, alternative supplemental 

information that predates this notice to 

demonstrate intent to use a slot or 

approved operating time for an 

international destination. The FAA 

would not accept evidence of intent to 

use a particular slot or approved 

operating time for an international flight 

during the Winter 2021/2022 season, if 

the information is dated after this notice 

is issued. 

International operations eligible for a 

waiver under this proposal would be 

subject to all of the same conditions and 

policies, with minor modifications, 

described in FAA’s January 13, 2021 

policy statement, which remains in 

effect at slot-controlled and IATA Level 

2 airports in the United States for the 

Summer 2021 season.33 The FAA 

believes the conditions associated with 

the relief provided to date are generally 

comparable to the WASB package and 

remain necessary to strike a balance 

between competing interests of 

incumbent carriers and those carriers 

seeking new or increased access at these 

historically-constrained airports, as well 

as to ensure the relief is appropriately 

tailored to reduce the potential to 

suppress flight operations for which 

demand exists. The conditions for relief 

at slot-controlled airports, which the 

FAA would apply to the relief proposed 

in this notice, include: 

(1) All slots not intended to be 

operated must be returned at least four 

weeks prior to the date of the FAAapproved operation to allow other 

carriers an opportunity to operate these 

slots on an ad hoc basis without historic 

precedence. Compliance with this 

condition is required for operations 

scheduled from October 31, 2021 

through the duration of this relief; 

therefore, carriers should begin 

notifying the FAA of Winter returns by 

October 4, 2021. Slots operated as 

approved on a non-historic basis in 

Winter 2021/2022 will be given priority 

over new demands for the same timings 

in the next equivalent season (Winter 

2022/23) for use on a non-historic basis, 

subject to capacity availability and 

consistent with established rules and 

policies in effect in the United 

States.34 35 Foreign carriers seeking 

priority under this provision will be 

required to represent that their home 

jurisdiction will provide reciprocal 

priority to U.S. carrier requests of this 

nature. 

(2) The waiver does not apply to slots 

newly allocated for initial use during 

the Winter 2021/2022 season. New 

allocations meeting minimum usage 

requirements remain eligible for historic 

precedence. The waiver does not apply 

to historic in-kind slots within any 30- 

minute or 60-minute time period, as 

applicable, in which a carrier seeks and 

obtains a similar new allocation (i.e., 

arrival or departure, air carrier or 

commuter, if applicable); and, 

(3) the waiver does not apply to slots 

newly transferred on an uneven basis 

(i.e., via one-way slot transaction/lease) 

since October 15, 2020, for the duration 

of the transfer.36 Slots transferred prior 

to this date may benefit from the waiver 

if all other conditions are met. Slots 

granted historic precedence for 

subsequent seasons based on this relief 

are not eligible for transfer if the slot 

holder ceases all operations at the 

airport. 

In addition, as proposed, an exception 

may be granted to these conditions 

based on any government restriction 

that prevents or severely restricts 

international travel to specific airports, 

destinations (including intermediate 

points) or countries for which the slot 

was held. This exception applies under 

extraordinary circumstances only in 

which a carrier is able to demonstrate 

that the ability to operate a particular 

flight or comply with the conditions of 

the proposed waiver is prevented or 

severely restricted due to an 

unpredictable official governmental 

action related to COVID–19. This 

proposed exception includes minor 

modifications compared to the 

exception currently in effect for the 

Summer 2021 season.37 The FAA seeks 

to provide greater flexibility in allowing 

exceptions under certain circumstances 

based on issues that have arisen in the 

course of implementing the relief 

currently available. Official government 

actions that may qualify for this 

exception, include— 

• Government travel restrictions 

based on nationality, closed borders, 

government advisories related to 

COVID–19 that warn against all but 

essential travel, or complete bans on 

flights from/to certain countries or 

geographic areas. 

• Government restrictions related to 

COVID–19 on the maximum number of 

arriving or departing flights and/or the 

number of passengers on a specific 

flight or through a specific airport. 

• Government restrictions on 

movement or quarantine/isolation 

measures within the country or region 

where the airport or destination 

(including intermediate points) is 

located. 

• Government-imposed closure of 

businesses essential to support aviation 

activities (e.g., closure of hotels, ground 

handling suppliers, etc.). 

• Governmental restrictions on airline 

crew, including unreasonable entry 

requirements or unreasonable testing 

and/or quarantine measures. 

This exception is being administered 

by the FAA in coordination with the 

Office of the Secretary of Transportation 

(OST). The extraordinary circumstances 

exception in this slot usage relief would 

only apply within the scope of the relief 

otherwise provided by the waiver; U.S. 

carriers should not expect to rely on the 

extraordinary circumstances exception 

for relief for domestic operations. 

The conditions for COVID–19-related 

relief for prioritizing flights canceled at 

IATA Level 2 airports, for purposes of 

establishing a carrier’s operational 

baseline in the next corresponding 

season, which the FAA would apply to 

the relief proposed in this notice 

include: 

(1) All schedules as initially 

submitted by carriers and approved by 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 52119 

38The FAA is responsible to develop plans and 

policy for the use of navigable airspace and assign 

by regulation or order the use of the airspace 

necessary to ensure the safety of aircraft and the 

efficient use of airspace. See 49 U.S.C. 40103(b)(1). 

The FAA manages slot usage requirements under 

the authority of 14 CFR 93.227 at DCA and under 

the authority of Orders at LGA and JFK. See 

Operating Limitations at John F. Kennedy 

International Airport, 85 FR 58258 (Sep. 18, 2020); 

Operating Limitations at New York LaGuardia 

Airport, 85 FR 58255 (Sep. 18, 2020). 

the FAA and not intended to be 

operated must be returned at least four 

weeks prior to the date of the FAAapproved operation to allow other 

carriers an opportunity to operate these 

times on an ad hoc basis without 

historic precedence. Schedules operated 

as approved on an ad hoc basis in 

Winter 2021/2022 will be given priority 

over new demands for the same timings 

in the next equivalent season (Winter 

2022/2023) for use on an ad hoc basis, 

subject to capacity availability and 

consistent with established rules and 

policies in effect in the United States. 

Foreign carriers seeking priority under 

this provision would be required to 

represent that their home jurisdiction 

will provide reciprocal priority to U.S. 

carrier requests of this nature; and, 

(2) The priority for FAA schedules 

approved for Winter 2021/2022 does not 

apply to net-newly approved operations 

for initial use during the Winter 2021/ 

2022 season. New approved times will 

remain eligible for priority 

consideration in Winter 2022/2023 if 

actually operated in Winter 2021/2022 

according to established processes. 

Consistent with the proposal for slotcontrolled airports, limited exceptions 

may be granted from either or both of 

these conditions at Level 2 airports 

under extraordinary circumstances due 

to any government restriction that 

prevents or severely restricts travel to 

specific airports, destinations (including 

intermediate points), or countries for 

which the slot was held, as discussed 

previously with respect to slotcontrolled airports. If the exception is 

determined not to apply, carriers are 

expected to meet the conditions for 

relief or operate consistent with 

standard expectations for the Level 2 

environment. The extraordinary 

circumstances exception in this slot 

usage relief would only apply within 

the scope of the relief otherwise 

provided by the waiver, carriers should 

not expect to rely on the extraordinary 

circumstances exception for relief 

related to domestic operations. 

The FAA believes an extension of 

relief for all international operations, 

through March 26, 2022, is reasonable 

due to fluctuating travel restrictions and 

ongoing economic and health impacts of 

COVID–19 internationally. The 

proposed relief is expected to provide 

carriers with flexibility during this 

unprecedented situation and to support 

the long-term viability of international 

operations at slot-controlled and IATA 

Level 2 airports in the United States.38

Continuing relief for this additional 

period is reasonable to mitigate the 

impacts on passenger demand for 

international air travel resulting from 

the spread of COVID–19 worldwide. 

As of the date of issuance of this 

notice, U.S. domestic air travel demand 

and vaccination rates have reached a 

level that the FAA believes no longer 

necessarily justifies COVID–19-related 

slot usage relief domestically. However, 

COVID–19 continues to present a highly 

unusual and unpredictable condition for 

international operations that is beyond 

the control of carriers. Indeed, foreign 

carriers in many parts of the world are 

prevented from operating to the United 

States due to governmental restrictions 

resulting from COVID–19. The 

continuing impacts of COVID–19 on 

global aviation are dramatic and 

extraordinary, with an unprecedented 

decrease in passenger demand for 

international air travel globally. The 

ultimate duration and severity of 

COVID–19 impacts on passenger 

demand for international air travel 

remains unclear. Even after the 

pandemic is contained, impacts on 

passenger demand for international air 

travel are likely to continue for some 

time. 

If the FAA extends relief for 

international operations through March 

26, 2022, as proposed, the FAA expects 

that foreign slot coordinators will 

provide reciprocal relief to U.S. carriers. 

To the extent that U.S. carriers fly to a 

foreign carrier’s home jurisdiction and 

that home jurisdiction does not offer 

reciprocal relief to U.S. carriers, the 

FAA may determine not to grant a 

waiver to that foreign carrier. A foreign 

carrier seeking a waiver may wish to 

ensure that the responsible authority of 

the foreign carrier’s home jurisdiction 

submits a statement by email to 

ScheduleFiling@dot.gov confirming 

reciprocal treatment of the slot holdings 

of U.S. carriers. 

Invitation for Comment and Submission 

of Supporting Information 

The FAA seeks views and information 

regarding this proposal. Interested 

persons are invited to submit comments 

and supporting information to 

demonstrate why the FAA should or 

should not finalize this decision, and to 

submit any information relevant to 

making this decision. The FAA has 

received multiple formal petitions 

advocating on behalf of U.S. carriers 

that seek continued relief for 

international operations. However, the 

FAA has not received formal, 

individualized requests from U.S. 

carriers explaining the need for 

continued relief for international 

operations despite the early signs of 

recovery of air travel demand in the 

United States and certain parts of the 

world and the potential for U.S. carriers 

to utilize slots for operations on 

alternative routes—domestic or 

international. In particular, U.S. carriers 

are invited to provide individualized 

responses to the following— 

• What is the basis with supporting 

rationale under which a U.S. carrier 

may necessitate continued relief for 

international operations in light of 

increasing demand for air travel 

domestically and for some international 

destinations? To what extent do carriers 

anticipate being unable to meet 

minimum slot usage requirements and/ 

or operate consistent with approvals at 

Level 2 airports? 

• What is the particularized relief 

requested for the Winter 2021/2022 

season? In other words, each U.S. carrier 

seeking relief for international 

operations this Winter is invited to 

provide a detailed accounting of which 

operations in its portfolio have 

historically been used for international 

service versus domestic as well as any 

differences for the upcoming Winter 

2021/2022 season, with an explanation 

regarding what extent (such, as 

percentage) of the carriers’ international 

portfolio cannot be repurposed for 

alternate operations? 

• What sources of information, other 

than historic published schedules, 

would U.S. carriers make available to 

FAA to demonstrate intent to use 

specific slots or approved timing for 

international operations versus 

domestic? 

• To what extent have U.S. carriers 

relied upon the relief provided for the 

Summer 2021 season for international 

operations? 

Information submitted to the FAA 

may be subject to disclosure under the 

Freedom of Information Act. The FAA 

recognizes that commenters may seek to 

submit business information that is both 

customarily and actually treated as 

confidential. Persons that submit such 

confidential business information 

should clearly mark the information as 

‘‘PROPIN’’. The FAA will take the 

necessary steps to protect properly 

designated information to the extent 

allowable by law. 

52120 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 

After receiving and reviewing 

comments, the FAA anticipates 

subsequently providing notice of its 

final decision. 

Issued in Washington, DC, on September 

16, 2021. 

Lorelei Dinges Peter, 

Assistant Chief Counsel for Regulations. 

Virginia T. Boyle, 

Vice President, System Operations Services. 

[FR Doc. 2021–20400 Filed 9–16–21; 4:15 pm] 

BILLING CODE 4910–13–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 8, 64, 76 

[GN Docket No. 17–142; DA 21–1114; FR 

ID 48290] 

Improving Competitive Broadband 

Access to Multiple Tenant 

Environments 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau (WCB) 

refreshes the record in Improving 

Competitive Broadband Access to 

Multiple Tenant Environments 

Proceeding. 

DATES: Comments are due on or before 

October 20, 2021, and reply comments 

are due on or before November 4, 2021. 

ADDRESSES: You may submit comments, 

identified by GN Docket No. 17–142, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing ECFS: https://www.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S-. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, 35 FCC Rcd 2788 (Mar. 19, 

2020), https://www.fcc.gov/document/ 

fcc-closes-headquarters-open-windowand-changes-hand-delivery-policy. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Government Affairs 

Bureau at (202) 418–0530. 

Ex Parte Rules. This proceeding shall 

be treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. See 47 

CFR 1.1200 et seq. Persons making ex 

parte presentations must file a copy of 

any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must: (1) List all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made; and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenters 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with § 1.1206(b) 

of the Commission’s rules. In 

proceedings governed by § 1.49(f) of the 

rules or for which the Commission has 

made available a method of electronic 

filing, written ex parte presentations 

and memoranda summarizing oral ex 

parte presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml., .ppt, searchable .pdf). See 47 CFR 

1.1206(b). Participants in this 

proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

FOR FURTHER INFORMATION CONTACT: 

Jesse Goodwin, Attorney Advisor, 

Competition Policy Division, Wireline 

Competition Bureau, at (202) 418–0958, 

or email: Benjamin.Goodwin@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Public Notice, in GN Docket 

No. 17–142, DA 21–1114; released on 

September 7, 2021. The complete text of 

this document is available for download 

at https://docs.fcc.gov/public/ 

attachments/DA-21-1114A1.pdf. To 

request materials in accessible formats 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), send an email to fcc504@fcc.gov 

or call the Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

Synopsis 

By this document, the Wireline 

Competition Bureau (Bureau) invites 

parties to update the record on issues 

raised in the 2019 Improving 

Competitive Broadband Access to 

Multiple Tenant Environments Notice of 

Proposed Rulemaking (NPRM), 

including but not limited to (1) revenue 

sharing agreements; (2) exclusive wiring 

arrangements, including sale-andleaseback arrangements; and (3) 

exclusive marketing arrangements. 

Americans living and working in 

multiple tenant environments (MTEs) 

face various obstacles to obtaining the 

benefits of competitive choice of fixed 

broadband, voice, and video services. 

Telecommunications carriers and 

multichannel video programming 

distributors (together, ‘‘service 

providers’’) need to access building 

conduits, install wiring to individual 

units or premises, and make repairs 

once wiring has been installed. 

Complicating these tasks is the fact that 

providing service to MTEs involves not 

just the service provider and the enduser tenant, but a third party: The 

premises owner or controlling party 

(MTE owner). As a result, deploying 

facilities-based fixed services to the 

millions of Americans living and 

working in MTEs can be uniquely 

challenging. The Commission has 

endeavored to increase competition 

among service providers and reduce 

potential barriers to broadband 

deployment in MTEs. Beginning in 

2000, the Commission, through a series 

of orders, prohibited service providers 

from entering into contracts with MTE 

owners that give a service provider 

exclusive access to the building to offer 

its services. In the NPRM, the