59858 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the State Plan is not 

approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 28, 

2021. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Incorporation 

by reference, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Sulfur oxides, and Waste 

treatment and disposal. 

Dated: October 25, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLAN 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart W—[Amended] 

■ 2. In subpart W, remove the 

undesignated center heading ‘‘Plan for 

the Control of Designated Pollutants 

From Existing Facilities (Section 111(d) 

Plan)’’. 

■ 3. Revise § 62.5340 to read as follows: 

§ 62.5340 Identification of plan. 

(a) Identification of plan. 

Massachusetts Plan for the Control of 

Designated Pollutants from Existing 

Plants (Section 111(d) Plan). 

(b) Official submission of plan. 

Revised State Plan for the control of 

metals, acid gases, organic compounds 

and nitrogen oxide emissions from 

existing municipal waste combustors— 

as submitted December 18, 2018, by the 

Massachusetts Department of 

Environmental Protection. The plan 

includes the regulatory provisions cited 

in paragraph (d) of this section, which 

EPA incorporates by reference. 

(c) Identification of sources. The plan 

applies to existing sources in the 

following categories of sources: 

(1) Municipal waste combustors. 

(2) [Reserved] 

(d) Incorporation by reference. (1) The 

material incorporated by reference in 

this section was approved by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain copies at 

the EPA Region 1 Regional Office, Air 

and Radiation Division, 5 Post Office 

Square–Suite 100, Boston, MA, 617– 

918–1078 and from the source listed in 

paragraph (d)(2) of this section. You 

may also inspect the materials at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov, or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(2) Commonwealth of Massachusetts, 

Massachusetts Department of 

Environmental Protection. 1 Winter 

Street, Boston, Massachusetts 02108, 

617–292–5500, mass.gov/orgs/ 

massachusetts-department-ofenvironmental-protection; Code of 

Massachusetts Regulations (CMR): 

(i) 310 CMR 7.08(2): Title 310— 

Department of Environmental 

Protection, chapter 7.00—Air Pollution 

Control, section 7.08—U Incinerators, 

paragraph (2) ‘‘Municipal Waste 

Combustors,’’ in effect March 9, 2018 (as 

corrected and revised through August 

21, 1998), excluding the following: 

subparagraph (2)(a) ‘‘Site Assignment’’; 

the definition of ‘‘materials separation 

plan’’ in subparagraph (2)(c); and 

subparagraph (2)(f)8. ‘‘Material 

Separation Plan’’. 

(ii) [Reserved] 

§ 62.5425 [Amended] 

■ 4. In § 62.5425, remove and reserve 

paragraph (a)(1). 

[FR Doc. 2021–23545 Filed 10–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 10–234; FCC 21–79; FR ID 

46781] 

Practice and Procedure, CORES 

Registration System 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopts a Report and 

Order to require entities and individuals 

doing business with the Commission to 

provide a valid email address when they 

register for FCC Registration Numbers 

(FRNs) and to keep the email 

information current along with other 

information used to register. 

DATES: Effective November 29, 2021. 

The non-substantive change to an 

information collection effected by the 

revision to § 1.8002(b)(2) of the 

Commission’s rules was approved by 

the Office of Management and Budget 

(OMB) on August 11, 2021. 

FOR FURTHER INFORMATION CONTACT: Hua 

Lu, Financial Systems Operations 


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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 59859 

Group, Office of Managing Director, 

hua.lu@fcc.gov; 202.418.2424. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, in MD Docket No. 10–234, 

FCC 21–79, adopted on June 21, 2021 

and released on June 22, 2021. The full 

text of this document is available for 

public inspection and copying during 

normal business hours in the FCC 

Reference Center, 45 L Street NE, 

Washington, DC 20554, or by 

downloading the text from the 

Commission’s website at https://

docs.fcc.gov/public/attachments/FCC21-79A1.pdf. 

Synopsis 

I. Administrative Matters 

A. Final Regulatory Flexibility Analysis 

1. As required by the Regulatory 

Flexibility Act of 1980 (RFA), the 

Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

relating to this Report and Order. The 

FRFA is located towards the end of this 

document. 

B. Final Paperwork Reduction Act of 

1995 Analysis 

2. The Report and Order adopts a new 

information collection requirement 

subject to the Paperwork Reduction Act 

of 1995 (PRA). The new information 

collection requirement was submitted to 

the Office of Management and Budget 

(OMB) for review under section 3507(d) 

of the PRA and pre-approved on March 

15, 2011. In addition, the Report and 

Order adopts a non-substantive change 

to an existing approved information 

collection. This non-substantive change 

was approved by OMB on August 11, 

2021. 

C. Congressional Review Act. 

3. The Commission has determined, 

and the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that these rules are non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to 5 

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

4. In 2000, the Commission 

established CORES, a web-based, 

password-protected, registration system 

that assigns a unique 10-digit FRN to a 

registrant for use when doing business 

with the FCC. While initially voluntary, 

in 2001 the Commission established that 

individuals and entities were required 

to obtain FRNs and supply FRNs when 

doing business with the Commission. 

Section 1.8002(b)(1) of the 

Commission’s rules lists the information 

currently required from entities seeking 

to register for an FRN. Email address 

information has not been previously 

required under the rule. Section 

1.8002(b)(2) requires that the 

information used to register for an FRN 

be kept current by the registrant. 

5. In 2010, the Commission proposed 

modifications to CORES, seeking 

comment targeted at making CORES 

more user and feature-friendly and 

eliminating some of the system’s thencurrent limitations. The 2010 notice of 

proposed rulemaking (NPRM) (76 FR 

5652, Feb. 1, 2011) sought comment 

about potential changes to the FRN 

requirements, including whether email 

addresses should be required to be 

provided as part of the CORES 

registration process. The Commission 

tentatively concluded that ‘‘[g]iven the 

significant increase in the use of and 

dependence on email in the years since 

CORES first became operational’’ all 

FRN holders should be required to 

provide an email address upon 

registering in CORES. The Commission 

also tentatively concluded that entities 

and individuals should be required to 

validate email addresses at the time of 

registration by clicking on a link that 

CORES would automatically send to the 

email address that was provided. 

6. In 2016, the Office of Managing 

Director (OMD) posted an upgraded 

version of CORES on the Commission’s 

website providing FRN registrants more 

user-friendly and secure features such 

as enabling existing and new users to 

designate usernames to access FRNs and 

allowing registrants to establish 

multiple usernames for each FRN with 

different levels of access. Password 

recovery, already a feature of the legacy 

CORES, was also a component of the 

new version of CORES, providing users 

with password-recovery security 

questions to enable them to recover 

forgotten passwords. Although the new 

CORES has been available since 2016, 

the original ‘‘legacy’’ version of CORES 

has also remained available and in use 

for FRN registration. Maintaining both 

the new and legacy CORES on the 

Commission’s website is consistent with 

the Commission’s practice of rolling out 

upgrades to the CORES systems on a 

voluntary basis before making such 

changes mandatory. 

7. Entities and individuals that 

register for FRNs in the new version of 

CORES must provide email address 

information which is verified through 

an email verification link in the FCC 

User Registration System. An email 

address remains an optional information 

request in legacy CORES. The current 

version of the paper forms for obtaining 

or updating an FRN, FCC Forms 160 and 

161, however, require filers to provide 

a contact email address as part of the 

registration process. 

II. Report and Order 

8. We amend § 1.8002(b) of the 

Commission’s rules to require entities 

and individuals doing business with the 

Commission to provide their email 

addresses when they register for FRNs 

and to keep the email information 

current along with other information 

used to register. We find that it is in the 

public interest to require email address 

information as part of the FRN 

registration process and to maintain a 

valid email address for all FRN 

registrants. This change will enable 

OMD to remove access to legacy CORES 

from the Commission’s website at a later 

date and maintain only the modernized 

version of CORES for FRN registration. 

The new CORES is a more efficient and 

secure system for managing the 

Commission’s financial and 

management matters. The change will 

also be more user-friendly and 

streamlined for CORES registrants that 

currently must decide between two 

versions of CORES. 

9. The Commission received several 

comments on the proposal to require 

email addresses as part of CORES 

registration. Sprint, AT&T, and Frontier 

supported the Commission’s proposal to 

collect email addresses for FRN holders 

and also supported the Commission 

using email address information to 

communicate with FRN holders. Sprint, 

for example, maintained that such a 

mandate ‘‘will help avoid misrouted 

inquiries and delayed responses 

between entities and the Commission.’’ 

The National Association for Amateur 

Radio (ARRL) and Blooston Law, 

however, argued for email address 

information to remain optional. ARRL 

asserted that certain individuals do not 

have and cannot obtain email addresses, 

such as those that are economically 

disadvantaged, those that live in very 

rural areas, and children. Blooston Law 

highlights that internet access is less 

available and can be absent in very 

remote areas. It also suggested that some 

FRN users do not subscribe to an 

internet service due to cost and asserted 

that the best methods for 

communication remain telephone and 

U.S. Mail, so that in the event of an 

absence, another contact representative 

is able to address the matter. 

10. Although some individuals may 

lack resources or connectivity for a 

personal or home internet service, as 

compared to what was present at the 

time of the comment window for the 

2010 NPRM, there is wide availability of 


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free or low cost public internet access 

today. For example, users may access 

the internet for free in public libraries, 

and also in schools that offer internet 

connectivity for after-hours community 

use. Also, other Commission 

proceedings have demonstrated that 

there is a vast majority of entities that 

already communicate with the 

Commission electronically. If there are 

entities and individuals that seek to do 

business with the Commission that lack 

access to internet service, they may 

need to use a proxy to register for an 

FRN with a valid email address, such as 

children seeking amateur radio licenses 

who rely on a parent or guardian to 

assist with the licensing process. 

Registrants are also able to use online 

support services or call a help desk to 

ask questions and receive help with 

their registrations. 

11. The public benefit of adopting this 

rule change, which will enable the 

Commission to retire legacy CORES and 

retain the new CORES to deliver 

enhanced features and security, 

outweighs the potential burdens that 

may be faced by a small subset of users 

to provide email address information. 

Because it helps authenticate the 

individuals who will be utilizing the 

Commission’s information systems, the 

new CORES is a more secure tool for the 

Commission and external users through 

the use of personal username 

registration and email verification. An 

email address is a unique ID and/or 

digital identity for each user that not 

only helps ensure the FCC provides 

better service and user experience based 

on data collected per a registered email 

address, it differentiates one user from 

another by establishing a digital identity 

to each person. By using an established 

email address and associated password, 

a user is granted appropriate access to 

do business with FCC. 

12. Requiring email address 

information as part of FRN registration 

and requiring users to keep up-to-date 

email addresses in CORES will enable 

the Commission to fully finalize its shift 

from U.S. Postal Service delivery to 

electronic delivery of notices and other 

correspondence related to CORES. 

Therefore, retiring legacy CORES allows 

the Commission to operate more 

efficiently and effectively by freeing up 

the resources currently being used to 

maintain and operate two CORES 

systems, and by allowing the 

Commission to email CORES registrants 

CORES and FRN-related information 

rather than needing to send this 

information in mailed letters. We 

provide further guidance on OMD’s 

implementation of this transition below. 

13. Implementation of the Rule 

Change. After the rule revision goes into 

effect, we direct OMD to announce by 

public notice the end date for access to 

legacy CORES. To streamline this 

transition and best prepare for any 

upcoming Commission business, new 

and current registrants are encouraged 

to use the modernized CORES as soon 

as possible. Because the modernized 

CORES has been available since 2016, 

users do not need to wait for legacy 

CORES to be retired or for the rule 

change announced here to go into effect 

to take this step. 

14. Retiring legacy CORES will 

primarily impact three groups of CORES 

users. First, users seeking to make 

changes related to their FRN will need 

to do so in the new CORES by 

associating with their FRN a userspecific identification (username) and 

password to continue managing their 

FRN. Second, any person or entity that 

does not yet have an FRN, but seeks to 

do business with the Commission, will 

use the new CORES to register. Third, 

users that forget their password and 

seek to reset their password online will 

use the new CORES to reset their 

password. 

15. After the legacy CORES is retired, 

we delegate authority to OMD to allow 

users that obtained their FRN through 

legacy CORES and have not associated 

a valid email address with their FRN, to 

continue to use that FRN without an 

associated valid email address for a 

limited period. OMD, in consultation 

with the Commission’s Chief 

Information Officer, will determine 

what steps to take to bring such users 

into compliance and ensure that the 

benefits of the rule change are fully 

utilized. We note, however, that this 

limited flexibility with respect to 

CORES does not negate the fact that 

certain Commission information 

systems and applications currently 

require, or may in the future require, 

valid email address information to gain 

entry or otherwise use such systems. 

16. We are also deleting § 1.8002(e) of 

the Commission’s rules because it is out 

of date. FRNs must be assigned through 

CORES and cannot be assigned by the 

Billing and Collection Agent for North 

American Numbering Plan 

Administration and the Administrators 

of the Universal Service Fund and the 

Telecommunications Relay Services 

Fund as suggested in § 1.8002(e). 

17. Paperwork Reduction Act 

Analysis. The Report and Order adopts 

a new information collection 

requirement subject to the Paperwork 

Reduction Act of 1995 (PRA). The new 

information collection requirement was 

submitted to the Office of Management 

and Budget (OMB) for review under 

section 3507(d) of the PRA and preapproved on March 15, 2011. In 

addition, the Report and Order adopts a 

non-substantive change to an existing 

approved information collection. This 

non-substantive change was approved 

by OMB on August 11, 2021. 

18. Final Regulatory Flexibility 

Analysis. As required by the Regulatory 

Flexibility Act of 1980 (RFA) the 

Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

relating to this Report and Order. 

III. Final Regulatory Flexibility 

Analysis 

19. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’) we incorporated an Initial 

Regulatory Flexibility Analysis (IRFA) 

of the possible significant economic 

impact on a substantial number of small 

entities by the policies and rules 

proposed in the 2010 NPRM. No 

comments were filed addressing the 

IRFA. Because we amend a Commission 

rule in this Report and Order, we have 

included this Final Regulatory 

Flexibility Analysis (FRFA). This 

present FRFA conforms to the RFA. 

A. Need for and Objectives of the 

Proposed Rules 

20. In the Report and Order, the 

Commission amends § 1.8002(b) of the 

Commission’s rules to require entities 

and individuals doing business with the 

Commission, or seeking to business 

with the Commission, to provide their 

email addresses when they register for 

FRNs and to keep the email information 

current along with other information 

used to register. This change finalizes 

the requirement for CORES users to 

provide email address information as 

part of FRN registration: Email address 

submission is a requirement only in the 

newer, modernized version of CORES. 

With this change, the Commission will 

be able to end access to the original 

‘‘legacy’’ CORES that has been available 

since the Commission established 

CORES in 2000 for FRN registration, 

and transition CORES users to the 

updated version of CORES for FRN 

registration. The updated version of 

CORES that will replace legacy CORES 

is a more efficient and secure system for 

managing the Commission’s financial 

management matters because it will 

allow the Commission to email CORES 

registrants CORES and FRN-related 

information rather than require the use 

of U.S. Postal Service delivery, and the 

new CORES employs identity and 

access management for authenticating 

and authorizing access to the system. 

The email requirements named herein 


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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 59861 

are the only specific requirements being 

adopted in this Report and Order. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

21. There were no comments received 

in response to the IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

22. 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 rules as a 

result of those comments. The Chief 

Counsel did not file any comments in 

response to the proposed rules in this 

proceeding. 

D. Description and Estimate of the 

Number of Small Entities To Which the 

Proposed Rules Will Apply 

23. 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 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

In addition, the term ‘‘small business’’ 

has the same meaning as the term 

‘‘small business concern’’ under the 

Small Business Act. A small business 

concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration. 

24. The changes or additions to the 

Commission’s part 1 rules that will be 

made as a result of the Report and Order 

are of general applicability to all 

services, applying to all entities of any 

size that apply for or hold Commission 

licenses, permits, certifications, etc., as 

well as entities or individuals that have 

attributable ownership interests in such 

entities, and have already obtained or 

will in the future obtain a unique 

identifying number through CORES 

called an FCC Registration Number, or 

‘‘FRN.’’ 

25. Small Businesses, Small 

Organizations, Small Governmental 

Jurisdictions. Our actions, over time, 

may affect small entities that are not 

easily categorized at present. We 

therefore describe here, at the outset, 

three broad groups of small entities that 

could be directly affected herein. First, 

while there are industry specific size 

standards for small businesses that are 

used in the regulatory flexibility 

analysis, according to data from the 

Small Business Administration’s (SBA) 

Office of Advocacy, in general a small 

business is an independent business 

having fewer than 500 employees. These 

types of small businesses represent 

99.9% of all businesses in the United 

States, which translates to 30.7 million 

businesses. Next, the type of small 

entity described as a ‘‘small 

organization’’ is generally ‘‘any not-forprofit 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. Finally, the small entity 

described as a ‘‘small governmental 

jurisdiction’’ is defined generally as 

‘‘governments of cities, counties, towns, 

townships, villages, school districts, or 

special districts, with a population of 

less than fifty thousand.’’ U.S. Census 

Bureau data from the 2017 Census of 

Governments indicate that there were 

90,075 local governmental jurisdictions 

consisting of general purpose 

governments and special purpose 

governments in the United States. Of 

this number there were 36,931 general 

purpose governments (county, 

municipal and town or township) with 

populations of less than 50,000 and 

12,040 special purpose governments— 

independent school districts with 

enrollment populations of less than 

50,000. Accordingly, based on the 2017 

U.S. Census of Governments data, we 

estimate that at least 48,971 entities fall 

into the category of ‘‘small 

governmental jurisdictions.’’ 

E. Providers of Telecommunications and 

Other Services 

26. 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 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 show that there 

were 3,117 firms that operated that year. 

Of this total, 3,083 operated with fewer 

than 1,000 employees. Thus, under this 

size standard, the majority of firms in 

this industry can be considered small. 

27. Local Resellers. The SBA has not 

developed a small business size 

standard specifically for Local Resellers. 

The SBA category of 

Telecommunications Resellers is the 

closest NAICs code category for local 

resellers. The Telecommunications 

Resellers industry comprises 

establishments engaged in purchasing 

access and network capacity from 

owners and operators of 

telecommunications networks and 

reselling wired and wireless 

telecommunications services (except 

satellite) to businesses and households. 

Establishments in this industry resell 

telecommunications; they do not 

operate transmission facilities and 

infrastructure. Mobile virtual network 

operators (MVNOs) are included in this 

industry. Under the SBA’s size 

standard, such a business is small if it 

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

Census Bureau data from 2012 show 

that 1,341 firms provided resale services 

during that year. Of that number, all 

operated with fewer than 1,000 

employees. Thus, under this category 

and the associated small business size 

standard, the majority of these resellers 

can be considered small entities. 

According to Commission data, 213 

carriers have reported that they are 

engaged in the provision of local resale 

services. Of these, an estimated 211 

have 1,500 or fewer employees and two 

have more than 1,500 employees. 

Consequently, the Commission 

estimates that the majority of local 

resellers are small entities. 

28. Toll Resellers. The Commission 

has not developed a definition for Toll 

Resellers. The closest NAICS Code 

Category is Telecommunications 

Resellers. The Telecommunications 

Resellers industry comprises 

establishments engaged in purchasing 

access and network capacity from 


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59862 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 

owners and operators of 

telecommunications networks and 

reselling wired and wireless 

telecommunications services (except 

satellite) to businesses and households. 

Establishments in this industry resell 

telecommunications; they do not 

operate transmission facilities and 

infrastructure. MVNOs are included in 

this industry. The SBA has developed a 

small business size standard for the 

category of Telecommunications 

Resellers. Under that size standard, such 

a business is small if it has 1,500 or 

fewer employees. 2012 Census Bureau 

data show that 1,341 firms provided 

resale services during that year. Of that 

number, 1,341 operated with fewer than 

1,000 employees. Thus, under this 

category and the associated small 

business size standard, the majority of 

these resellers can be considered small 

entities. According to Commission data, 

881 carriers have reported that they are 

engaged in the provision of toll resale 

services. Of this total, an estimated 857 

have 1,500 or fewer employees. 

Consequently, the Commission 

estimates that the majority of toll 

resellers are small entities. 

29. Payphone Service Providers 

(‘‘PSPs’’). The Commission has not 

developed a definition for Payphone 

Service Providers. The closest NAICS 

Code Category is Telecommunications 

Resellers. The Telecommunications 

Resellers industry comprises 

establishments engaged in purchasing 

access and network capacity from 

owners and operators of 

telecommunications networks and 

reselling wired and wireless 

telecommunications services (except 

satellite) to businesses and households. 

Establishments in this industry resell 

telecommunications; they do not 

operate transmission facilities and 

infrastructure. MVNOs are included in 

this industry. The SBA has developed a 

small business size standard for the 

category of Telecommunications 

Resellers. Under that size standard, such 

a business is small if it has 1,500 or 

fewer employees. 2012 Census Bureau 

data show that 1,341 firms provided 

resale services during that year. Of that 

number, 1,341 operated with fewer than 

1,000 employees. Thus, under this 

category and the associated small 

business size standard, the majority of 

these resellers can be considered small 

entities. According to Commission data, 

881 carriers have reported that they are 

engaged in the provision of toll resale 

services. Of this total, an estimated 857 

have 1,500 or fewer employees. 

Consequently, the Commission 

estimates that the majority of toll 

resellers are small. 

30. Prepaid Calling Card Providers. 

Neither the Commission nor the SBA 

has developed a small business size 

standard specifically for prepaid calling 

card providers. The appropriate size 

standard under SBA rules is for the 

category Telecommunications Resellers. 

The Telecommunications Resellers 

industry comprises establishments 

engaged in purchasing access and 

network capacity from owners and 

operators of telecommunications 

networks and reselling wired and 

wireless telecommunications services 

(except satellite) to businesses and 

households. Establishments in this 

industry resell telecommunications; 

they do not operate transmission 

facilities and infrastructure. MVNOs are 

included in this industry. The SBA has 

developed a small business size 

standard for the category of 

Telecommunications Resellers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

2012 Census Bureau data show that 

1,341 firms provided resale services 

during that year. Of that number, 1,341 

operated with fewer than 1,000 

employees. Thus, under this category 

and the associated small business size 

standard, the majority of these resellers 

can be considered small entities. 

According to Commission data, 881 

carriers have reported that they are 

engaged in the provision of toll resale 

services. Of this total, an estimated 857 

have 1,500 or fewer employees. 

Consequently, the Commission 

estimates that the majority of Prepaid 

Calling Card Providers are small. 

31. 800 and 800-Like Service 

Subscribers. Neither the Commission 

nor the SBA has developed a small 

business size standard specifically for 

800 and 800-like service (‘‘toll free’’) 

subscribers. The appropriate size 

standard under SBA rules is for the 

category Telecommunications Resellers. 

The Telecommunications Resellers 

industry comprises establishments 

engaged in purchasing access and 

network capacity from owners and 

operators of telecommunications 

networks and reselling wired and 

wireless telecommunications services 

(except satellite) to businesses and 

households. Establishments in this 

industry resell telecommunications; 

they do not operate transmission 

facilities and infrastructure. MVNOs are 

included in this industry. The SBA has 

developed a small business size 

standard for the category of 

Telecommunications Resellers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

2012 Census Bureau data show that 

1,341 firms provided resale services 

during that year. Of that number, 1,341 

operated with fewer than 1,000 

employees. Thus, under this category 

and the associated small business size 

standard, the majority of these resellers 

can be considered small entities. 

According to Commission data, 881 

carriers have reported that they are 

engaged in the provision of toll resale 

services. Of this total, an estimated 857 

have 1,500 or fewer employees. 

Consequently, the Commission 

estimates that the majority of 800 and 

800-Like Service Providers are small. 

32. Satellite Telecommunications. 

This category comprises firms 

‘‘primarily engaged in providing 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ Satellite 

telecommunications service providers 

include satellite and earth station 

operators. The category has a small 

business size standard of $35 million or 

less in average annual receipts, under 

SBA rules. For this category, U.S. 

Census Bureau data for 2012 show that 

there were a total of 333 firms that 

operated for the entire year. Of this 

total, 299 firms had annual receipts of 

less than $25 million. Consequently, we 

estimate that the majority of satellite 

telecommunications providers are small 

entities. 

33. 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 


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receipts less than $25 million. Thus, the 

Commission estimates that the majority 

of ‘‘All Other Telecommunications’’ 

firms potentially affected by our action 

can be considered small. 

34. 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 data for 2012 show that there 

were 967 firms that operated for the 

entire year. Of this total, 955 firms had 

employment of 999 or fewer employees. 

Thus, under this category and the 

associated size standard, the 

Commission estimates that the majority 

of wireless telecommunications carriers 

(except satellite) are small entities. 

35. Television Broadcasting. This 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound.’’ These establishments operate 

television broadcast studios and 

facilities for the programming and 

transmission of programs to the public. 

These establishments also produce or 

transmit visual programming to 

affiliated broadcast television stations, 

which in turn broadcast the programs to 

the public on a predetermined schedule. 

Programming may originate in their own 

studio, from an affiliated network, or 

from external sources. The SBA has 

created the following small business 

size standard for such businesses: Those 

having $41.5 million or less in annual 

receipts. The 2012 Economic Census 

reports that 751 firms in this category 

operated in that year. Of that number, 

656 had annual receipts of $25,000,000 

or less. Based on this data we therefore 

estimate that the majority of commercial 

television broadcasters are small entities 

under the applicable SBA size standard. 

36. The Commission has estimated 

the number of licensed commercial 

television stations to be 1,377. Of this 

total, 1,258 stations (or about 91 

percent) had revenues of $41.5 million 

or less, according to Commission staff 

review of the BIA Kelsey Inc. Media 

Access Pro Television Database (BIA) on 

November 16, 2017, and therefore these 

licensees qualify as small entities under 

the SBA definition. In addition, the 

Commission has estimated the number 

of licensed noncommercial educational 

television stations to be 384. 

Notwithstanding, the Commission does 

not compile and otherwise does not 

have access to information on the 

revenue of NCE stations that would 

permit it to determine how many such 

stations would qualify as small entities. 

There are also 2,300 low power 

television stations, including Class A 

stations (LPTV) and 3,681 TV translator 

stations. Given the nature of these 

services, we will presume that all of 

these entities qualify as small entities 

under the above SBA small business 

size standard. 

37. We note, however, that in 

assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

must be included. Our estimate, 

therefore likely overstates the number of 

small entities that might be affected by 

our action, because the revenue figure 

on which it is based does not include or 

aggregate revenues from affiliated 

companies. In addition, another element 

of the definition of ‘‘small business’’ 

requires that an entity not be dominant 

in its field of operation. We are unable 

at this time to define or quantify the 

criteria that would establish whether a 

specific television broadcast station is 

dominant in its field of operation. 

Accordingly, the estimate of small 

businesses to which rules may apply 

does not exclude any television station 

from the definition of a small business 

on this basis and is therefore possibly 

over-inclusive. Also, as noted above, an 

additional element of the definition of 

‘‘small business’’ is that the entity must 

be independently owned and operated. 

The Commission notes that it is difficult 

at times to assess these criteria in the 

context of media entities and its 

estimates of small businesses to which 

they apply may be over-inclusive to this 

extent. 

38. Radio Stations. This Economic 

Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public.’’ The SBA has created the 

following small business size standard 

for this category: Those having $41.5 

million or less in annual receipts. 

Census data for 2012 show that 2,849 

firms in this category operated in that 

year. Of this number, 2,806 firms had 

annual receipts of less than $25 million. 

Because the Census has no additional 

classifications that could serve as a basis 

for determining the number of stations 

whose receipts exceeded $41.5 million 

in that year, we conclude that the 

majority of radio broadcast stations were 

small entities under the applicable SBA 

size standard. In addition, the 

Commission has estimated the number 

of noncommercial educational FM radio 

stations to be 4,122. NCE stations are 

non-profit, and therefore considered to 

be small entities. 

39. Auxiliary, Special Broadcast and 

Other Program Distribution Services. 

This service involves a variety of 

transmitters, generally used to relay 

broadcast programming to the public 

(through translator and booster stations) 

or within the program distribution chain 

(from a remote news gathering unit back 

to the station). Neither the SBA nor the 

Commission has developed a size 

standard applicable to broadcast 

auxiliary licensees. The closest 

applicable SBA category and small 

business size standard falls under Radio 

Stations and Television Broadcasting. 

The SBA size standard for radio stations 

is $41.5 million per year. U.S. Census 

Bureau data for 2012 show that 2,849 

radio station firms operated during that 

year. Of that number, 2,806 firms 

operated with annual receipts of less 

than $25 million per year. For 

Television Broadcasting the SBA small 

business size standard is such 

businesses having $41.5 million or less 

in annual receipts. U.S. Census Bureau 

data show that 751 firms in this category 

operated in that year. Of that number, 

656 had annual receipts of $25,000,000 

or less. Accordingly, based on the U.S. 

Census Bureau data for Radio Stations 

and Television Broadcasting, the 

Commission estimates that the majority 

of Auxiliary, Special Broadcast and 

Other Program Distribution Services 

firms are small. 

40. Cable Companies and Systems 

(Rate Regulation). The Commission has 

also developed its own small business 

size standards, for the purpose of cable 

rate regulation. Under the Commission’s 

rules, a ‘‘small cable company’’ is one 

serving 400,000 or fewer subscribers 

nationwide. Industry data indicate that 

there are 4,600 active cable systems in 

the United States. Of this total, all but 

five cable operators nationwide are 

small under the 400,000-subscriber size 

standard. In addition, under the 

Commission’s rate regulation rules, a 

‘‘small system’’ is a cable system serving 

15,000 or fewer subscribers. 

Commission records show 4,600 cable 

systems nationwide. Of this total, 3,900 

cable systems have fewer than 15,000 

subscribers, and 700 systems have 

15,000 or more subscribers, based on the 

same records. Thus, under this standard 

as well, we estimate that most cable 

systems are small entities 

41. Internet Service Providers. 

Broadband internet service providers 

include wired (e.g., cable, DSL) and 

VoIP service providers using their own 

operated wired telecommunications 


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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 show 

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. 

F. Schools and Libraries 

42. Schools. While the Commission 

does define entities eligible to 

participate in the E-Rate program, 

neither the Commission nor the SBA 

have a size standard for small entities 

specifically applicable to schools. Under 

the E-Rate program, 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. For-profit 

schools, and schools with endowments 

in excess of $50,000,000, are not eligible 

to receive discounts under the E-Rate 

program. 

43. Although the SBA does not have 

a size standard for small entities 

specifically applicable to schools, the 

closest NAICS Code category is 

Elementary and Secondary Schools 

under the subsector Educational 

Services. The SBA has developed a 

small business size standard for 

Elementary and Secondary Schools 

which consists of all such entities with 

gross annual receipts of $12 million or 

less. In funding year 2017, 

approximately 104,500 schools received 

funding under the schools and libraries 

universal service mechanism. Although 

we are unable to estimate the exact 

number of these entities that would 

qualify as small entities under SBA’s 

size standard, we estimate that fewer 

than 104,500 schools might be affected 

by our action. 

44. Libraries. The Commission does 

have definitions for entities that 

participate in the E-Rate program but 

neither the Commission nor the SBA 

have a size standard for small entities 

specifically applicable to libraries. 

Under the E-Rate program, which 

provides support for libraries, 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.’’ For-profit libraries, are 

not eligible to receive discounts under 

the program, nor are libraries whose 

budgets are not completely separate 

from any schools. 

45. Although the SBA does not have 

a size standard for small entities 

specifically applicable to libraries, the 

closest NAICS Code category is Libraries 

and Archives. The SBA has developed 

a small business size standard for 

Libraries and Archives which consists 

of all such entities with gross annual 

receipts of $16.5 million or less. In 

funding year 2017, approximately 

11,490 libraries received funding under 

the schools and libraries universal 

service mechanism. Although we are 

unable to estimate the exact number of 

these entities that would qualify as 

small entities under SBA’s size 

standard, we estimate that fewer than 

11,490 libraries might be affected 

annually by our action. 

G. Health Care Providers 

46. Offices of Physicians (except 

Mental Health Specialists). This U.S. 

industry comprises establishments of 

health practitioners having the degree of 

M.D. (Doctor of Medicine) or D.O. 

(Doctor of Osteopathy) primarily 

engaged in the independent practice of 

general or specialized medicine (except 

psychiatry or psychoanalysis) or 

surgery. These practitioners operate 

private or group practices in their own 

offices (e.g., centers, clinics) or in the 

facilities of others, such as hospitals or 

health maintenance organization (HMO) 

medical centers. The SBA has created a 

size standard for this industry, which is 

annual receipts of $11 million or less. 

According to 2012 U.S. Economic 

Census, 152,468 firms operated 

throughout the entire year in this 

industry. Of that number, 147,718 had 

annual receipts of less than $10 million. 

Based on this data, we conclude that a 

majority of firms operating in this 

industry are small under the applicable 

size standard. 

47. Offices of Physicians, Mental 

Health Specialists. The U.S. industry 

comprises establishments of health 

practitioners having the degree of M.D. 

(Doctor of Medicine) or D.O. (Doctor of 

Osteopathy) primarily engaged in the 

independent practice of psychiatry or 

psychoanalysis. These practitioners 

operate private or group practices in 

their own offices (e.g., centers, clinics) 

or in the facilities of others, such as 

hospitals or HMO medical centers. The 

SBA has established a size standard for 

businesses in this industry, which is 

annual receipts of $12 million dollars or 

less. The U.S. Economic Census 

indicates that 8,809 firms operated 

throughout the entire year in this 

industry. Of that number 8,791 had 

annual receipts of less than $10 million. 

Based on this data, we conclude that a 

majority of firms in this industry are 

small under the applicable standard. 

48. Offices of Dentists. This U.S. 

industry comprises establishments of 

health practitioners having the degree of 

D.M.D. (Doctor of Dental Medicine), 

D.D.S. (Doctor of Dental Surgery), or 

D.D.S. (Doctor of Dental Science) 

primarily engaged in the independent 

practice of general or specialized 

dentistry or dental surgery. These 

practitioners operate private or group 

practices in their own offices (e.g., 

centers, clinics) or in the facilities of 

others, such as hospitals or HMO 

medical centers. They can provide 

either comprehensive preventive, 

cosmetic, or emergency care, or 

specialize in a single field of dentistry. 

The SBA has established a size standard 

for that industry of annual receipts of 

$8.0 million or less. The 2012 U.S. 

Economic Census indicates that 115,268 

firms operated in the dental industry 

throughout the entire year. Of that 

number 114,417 had annual receipts of 

less than $5 million. Based on this data, 

we conclude that a majority of business 

in the dental industry are small under 

the applicable standard. 

49. Offices of Chiropractors. This U.S. 

industry comprises establishments of 

health practitioners having the degree of 

DC (Doctor of Chiropractic) primarily 

engaged in the independent practice of 

chiropractic. These practitioners 

provide diagnostic and therapeutic 

treatment of neuromusculoskeletal and 

related disorders through the 

manipulation and adjustment of the 

spinal column and extremities, and 

operate private or group practices in 

their own offices (e.g., centers, clinics) 

or in the facilities of others, such as 

hospitals or HMO medical centers. The 

SBA has established a size standard for 

this industry, which is annual receipts 

of $8.0 million or less. The 2012 U.S. 


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Economic Census statistics show that in 

2012, there were 33,940 firms operated 

throughout the entire year. Of that 

number 33,910 operated with annual 

receipts of less than $5 million per year. 

Based on that data, we conclude that a 

majority of chiropractors are small. 

50. Offices of Optometrists. This U.S. 

industry comprises establishments of 

health practitioners having the degree of 

O.D. (Doctor of Optometry) primarily 

engaged in the independent practice of 

optometry. These practitioners examine, 

diagnose, treat, and manage diseases 

and disorders of the visual system, the 

eye and associated structures as well as 

diagnose related systemic conditions. 

Offices of optometrists prescribe and/or 

provide eyeglasses, contact lenses, low 

vision aids, and vision therapy. They 

operate private or group practices in 

their own offices (e.g., centers, clinics) 

or in the facilities of others, such as 

hospitals or HMO medical centers, and 

may also provide the same services as 

opticians, such as selling and fitting 

prescription eyeglasses and contact 

lenses. The SBA has $8.0 established a 

size standard for businesses operating in 

this industry, which is annual receipts 

of million or less. The 2012 Economic 

Census indicates that 18,050 firms 

operated the entire year. Of that 

number, 17,951 had annual receipts of 

less than $5 million. Based on this data, 

we conclude that a majority of 

optometrists in this industry are small. 

51. Offices of Mental Health 

Practitioners (except Physicians). This 

U.S. industry comprises establishments 

of independent mental health 

practitioners (except physicians) 

primarily engaged in (1) the diagnosis 

and treatment of mental, emotional, and 

behavioral disorders and/or (2) the 

diagnosis and treatment of individual or 

group social dysfunction brought about 

by such causes as mental illness, 

alcohol and substance abuse, physical 

and emotional trauma, or stress. These 

practitioners operate private or group 

practices in their own offices (e.g., 

centers, clinics) or in the facilities of 

others, such as hospitals or HMO 

medical centers. The SBA has created a 

size standard for this industry, which is 

annual receipts of $8.0 million or less. 

The 2012 U.S. Economic Census 

indicates that 16,058 firms operated 

throughout the entire year. Of that 

number, 15,894 firms received annual 

receipts of less than $5 million. Based 

on this data, we conclude that a 

majority of mental health practitioners 

who do not employ physicians are 

small. 

52. Offices of Physical, Occupational 

and Speech Therapists and 

Audiologists. This U.S. industry 

comprises establishments of 

independent health practitioners 

primarily engaged in one of the 

following: (1) Providing physical 

therapy services to patients who have 

impairments, functional limitations, 

disabilities, or changes in physical 

functions and health status resulting 

from injury, disease or other causes, or 

who require prevention, wellness or 

fitness services; (2) planning and 

administering educational, recreational, 

and social activities designed to help 

patients or individuals with disabilities, 

regain physical or mental functioning or 

to adapt to their disabilities; and (3) 

diagnosing and treating speech, 

language, or hearing problems. These 

practitioners operate private or group 

practices in their own offices (e.g., 

centers, clinics) or in the facilities of 

others, such as hospitals or HMO 

medical centers. The SBA has 

established a size standard for this 

industry, which is annual receipts of 

$8.0 million or less. The 2012 U.S. 

Economic Census indicates that 20,567 

firms in this industry operated 

throughout the entire year. Of this 

number, 20,047 had annual receipts of 

less than $5 million. Based on this data, 

we conclude that a majority of 

businesses in this industry are small. 

53. Offices of Podiatrists. This U.S. 

industry comprises establishments of 

health practitioners having the degree of 

D.P.M. (Doctor of Podiatric Medicine) 

primarily engaged in the independent 

practice of podiatry. These practitioners 

diagnose and treat diseases and 

deformities of the foot and operate 

private or group practices in their own 

offices (e.g., centers, clinics) or in the 

facilities of others, such as hospitals or 

HMO medical centers. The SBA has 

established a size standard for 

businesses in this industry, which is 

annual receipts of $8.0 million or less. 

The 2012 U.S. Economic Census 

indicates that 7,569 podiatry firms 

operated throughout the entire year. Of 

that number, 7,545 firms had annual 

receipts of less than $5 million. Based 

on this data, we conclude that a 

majority of firms in this industry are 

small. 

54. Offices of All Other Miscellaneous 

Health Practitioners. This U.S. industry 

comprises establishments of 

independent health practitioners 

(except physicians; dentists; 

chiropractors; optometrists; mental 

health specialists; physical, 

occupational, and speech therapists; 

audiologists; and podiatrists). These 

practitioners operate private or group 

practices in their own offices (e.g., 

centers, clinics) or in the facilities of 

others, such as hospitals or HMO 

medical centers. The SBA has 

established a size standard for this 

industry, which is annual receipts of 

$8.0 million or less. The 2012 U.S. 

Economic Census indicates that 11,460 

firms operated throughout the entire 

year. Of that number, 11,374 firms had 

annual receipts of less than $5 million. 

Based on this data, we conclude the 

majority of firms in this industry are 

small. 

55. Family Planning Centers. This 

U.S. industry comprises establishments 

with medical staff primarily engaged in 

providing a range of family planning 

services on an outpatient basis, such as 

contraceptive services, genetic and 

prenatal counseling, voluntary 

sterilization, and therapeutic and 

medically induced termination of 

pregnancy. The SBA has established a 

size standard for this industry, which is 

annual receipts of $12 million or less. 

The 2012 Economic Census indicates 

that 1,286 firms in this industry 

operated throughout the entire year. Of 

that number 1,237 had annual receipts 

of less than $10 million. Based on this 

data, we conclude that the majority of 

firms in this industry are small. 

56. Outpatient Mental Health and 

Substance Abuse Centers. This U.S. 

industry comprises establishments with 

medical staff primarily engaged in 

providing outpatient services related to 

the diagnosis and treatment of mental 

health disorders and alcohol and other 

substance abuse. These establishments 

generally treat patients who do not 

require inpatient treatment. They may 

provide a counseling staff and 

information regarding a wide range of 

mental health and substance abuse 

issues and/or refer patients to more 

extensive treatment programs, if 

necessary. The SBA has established a 

size standard for this industry, which is 

$16.5 million or less in annual receipts. 

The 2012 U.S. Economic Census 

indicates that 4,446 firms operated 

throughout the entire year. Of that 

number, 4,069 had annual receipts of 

less than $10 million. Based on this 

data, we conclude that a majority of 

firms in this industry are small. 

57. HMO Medical Centers. This U.S. 

industry comprises establishments with 

physicians and other medical staff 

primarily engaged in providing a range 

of outpatient medical services to the 

HMO subscribers with a focus generally 

on primary health care. These 

establishments are owned by the HMO. 

Included in this industry are HMO 

establishments that both provide health 

care services and underwrite health and 

medical insurance policies. The SBA 

has established a size standard for this 

industry, which is $35 million or less in 


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annual receipts. The 2012 U.S. 

Economic Census indicates that 14 firms 

in this industry operated throughout the 

entire year. Of that number, 5 firms had 

annual receipts of less than $25 million. 

Based on this data, we conclude that 

approximately one-third of the firms in 

this industry are small. 

58. Freestanding Ambulatory Surgical 

and Emergency Centers. This U.S. 

industry comprises establishments with 

physicians and other medical staff 

primarily engaged in (1) providing 

surgical services (e.g., orthoscopic and 

cataract surgery) on an outpatient basis 

or (2) providing emergency care services 

(e.g., setting broken bones, treating 

lacerations, or tending to patients 

suffering injuries as a result of 

accidents, trauma, or medical 

conditions necessitating immediate 

medical care) on an outpatient basis. 

Outpatient surgical establishments have 

specialized facilities, such as operating 

and recovery rooms, and specialized 

equipment, such as anesthetic or X-ray 

equipment. The SBA has established a 

size standard for this industry, which is 

annual receipts of $16.5 million or less. 

The 2012 U.S. Economic Census 

indicates that 3,595 firms in this 

industry operated throughout the entire 

year. Of that number, 3,222 firms had 

annual receipts of less than $10 million. 

Based on this data, we conclude that a 

majority of firms in this industry are 

small. 

59. All Other Outpatient Care Centers. 

This U.S. industry comprises 

establishments with medical staff 

primarily engaged in providing general 

or specialized outpatient care (except 

family planning centers, outpatient 

mental health and substance abuse 

centers, HMO medical centers, kidney 

dialysis centers, and freestanding 

ambulatory surgical and emergency 

centers). Centers or clinics of health 

practitioners with different degrees from 

more than one industry practicing 

within the same establishment (i.e., 

Doctor of Medicine and Doctor of Dental 

Medicine) are included in this industry. 

The SBA has established a size standard 

for this industry, which is annual 

receipts of $22 million or less. The 2012 

U.S. Economic Census indicates that 

4,903 firms operated in this industry 

throughout the entire year. Of this 

number, 4,269 firms had annual receipts 

of less than $10 million. Based on this 

data, we conclude that a majority of 

firms in this industry are small. 

60. Blood and Organ Banks. This U.S. 

industry comprises establishments 

primarily engaged in collecting, storing, 

and distributing blood and blood 

products and storing and distributing 

body organs. The SBA has established a 

size standard for this industry, which is 

annual receipts of $35 million or less. 

The 2012 U.S. Economic Census 

indicates that 314 firms operated in this 

industry throughout the entire year. Of 

that number, 235 operated with annual 

receipts of less than $25 million. Based 

on this data, we conclude that 

approximately three-quarters of firms 

that operate in this industry are small. 

61. All Other Miscellaneous 

Ambulatory Health Care Services. This 

U.S. industry comprises establishments 

primarily engaged in providing 

ambulatory health care services (except 

offices of physicians, dentists, and other 

health practitioners; outpatient care 

centers; medical and diagnostic 

laboratories; home health care 

providers; ambulances; and blood and 

organ banks). The SBA has established 

a size standard for this industry, which 

is annual receipts of $16.5 million or 

less. The 2012 U.S. Economic Census 

indicates that 2,429 firms operated in 

this industry throughout the entire year. 

Of that number, 2,318 had annual 

receipts of less than $10 million. Based 

on this data, we conclude that a 

majority of the firms in this industry are 

small. 

62. Medical Laboratories. This U.S. 

industry comprises establishments 

known as medical laboratories primarily 

engaged in providing analytic or 

diagnostic services, including body 

fluid analysis, generally to the medical 

profession or to the patient on referral 

from a health practitioner. The SBA has 

established a size standard for this 

industry, which is annual receipts of 

$35 million or less. The 2012 U.S. 

Economic Census indicates that 2,599 

firms operated in this industry 

throughout the entire year. Of this 

number, 2,465 had annual receipts of 

less than $25 million. Based on this 

data, we conclude that a majority of 

firms that operate in this industry are 

small. 

63. Diagnostic Imaging Centers. This 

U.S. industry comprises establishments 

known as diagnostic imaging centers 

primarily engaged in producing images 

of the patient generally on referral from 

a health practitioner. The SBA has 

established size standard for this 

industry, which is annual receipts of 

$16.5 million or less. The 2012 U.S. 

Economic Census indicates that 4,209 

firms operated in this industry 

throughout the entire year. Of that 

number, 3,876 firms had annual receipts 

of less than $10 million. Based on this 

data, we conclude that a majority of 

firms that operate in this industry are 

small. 

64. Home Health Care Services. This 

U.S. industry comprises establishments 

primarily engaged in providing skilled 

nursing services in the home, along with 

a range of the following: Personal care 

services; homemaker and companion 

services; physical therapy; medical 

social services; medications; medical 

equipment and supplies; counseling; 24- 

hour home care; occupation and 

vocational therapy; dietary and 

nutritional services; speech therapy; 

audiology; and high-tech care, such as 

intravenous therapy. The SBA has 

established a size standard for this 

industry, which is annual receipts of 

$16.5 million or less. The 2012 U.S. 

Economic Census indicates that 17,770 

firms operated in this industry 

throughout the entire year. Of that 

number, 16,822 had annual receipts of 

less than $10 million. Based on this 

data, we conclude that a majority of 

firms that operate in this industry are 

small. 

65. Ambulance Services. This U.S. 

industry comprises establishments 

primarily engaged in providing 

transportation of patients by ground or 

air, along with medical care. These 

services are often provided during a 

medical emergency but are not 

restricted to emergencies. The vehicles 

are equipped with lifesaving equipment 

operated by medically trained 

personnel. The SBA has established a 

size standard for this industry, which is 

annual receipts of $16.5 million. The 

2012 U.S. Economic Census indicates 

that 2,984 firms operated in this 

industry throughout the entire year. Of 

that number, 2,926 had annual receipts 

of less than $15 million. Based on this 

data, we conclude that a majority of 

firms in this industry are small. 

66. Kidney Dialysis Centers. This U.S. 

industry comprises establishments with 

medical staff primarily engaged in 

providing outpatient kidney or renal 

dialysis services. The SBA has 

established assize standard for this 

industry, which is annual receipts of 

$41.5 million or less. The 2012 U.S. 

Economic Census indicates that 396 

firms operated in this industry 

throughout the entire year. Of that 

number, 379 had annual receipts of less 

than $25 million. Based on this data, we 

conclude that a majority of firms in this 

industry are small. 

67. General Medical and Surgical 

Hospitals. This U.S. industry comprises 

establishments known and licensed as 

general medical and surgical hospitals 

primarily engaged in providing 

diagnostic and medical treatment (both 

surgical and nonsurgical) to inpatients 

with any of a wide variety of medical 

conditions. These establishments 

maintain inpatient beds and provide 

patients with food services that meet 


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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 59867 

their nutritional requirements. These 

hospitals have an organized staff of 

physicians and other medical staff to 

provide patient care services. These 

establishments usually provide other 

services, such as outpatient services, 

anatomical pathology services, 

diagnostic X-ray services, clinical 

laboratory services, operating room 

services for a variety of procedures, and 

pharmacy services. The SBA has 

established a size standard for this 

industry, which is annual receipts of 

$41.5 million or less. The 2012 U.S. 

Economic Census indicates that 2,800 

firms operated in this industry 

throughout the entire year. Of that 

number, 877 has annual receipts of less 

than $25 million. Based on this data, we 

conclude that approximately onequarter of firms in this industry are 

small. 

68. Psychiatric and Substance Abuse 

Hospitals. This U.S. industry comprises 

establishments known and licensed as 

psychiatric and substance abuse 

hospitals primarily engaged in 

providing diagnostic, medical treatment, 

and monitoring services for inpatients 

who suffer from mental illness or 

substance abuse disorders. The 

treatment often requires an extended 

stay in the hospital. These 

establishments maintain inpatient beds 

and provide patients with food services 

that meet their nutritional requirements. 

They have an organized staff of 

physicians and other medical staff to 

provide patient care services. 

Psychiatric, psychological, and social 

work services are available at the 

facility. These hospitals usually provide 

other services, such as outpatient 

services, clinical laboratory services, 

diagnostic X-ray services, and 

electroencephalograph services. The 

SBA has established a size standard for 

this industry, which is annual receipts 

of $41.5 million or less. The 2012 U.S. 

Economic Census indicates that 404 

firms operated in this industry 

throughout the entire year. Of that 

number, 185 had annual receipts of less 

than $25 million. Based on this data, we 

conclude that slightly less than one-half 

of the firms in this industry are small. 

69. Specialty (Except Psychiatric and 

Substance Abuse) Hospitals. This U.S. 

industry consists of establishments 

known and licensed as specialty 

hospitals primarily engaged in 

providing diagnostic, and medical 

treatment to inpatients with a specific 

type of disease or medical condition 

(except psychiatric or substance abuse). 

Hospitals providing long-term care for 

the chronically ill and hospitals 

providing rehabilitation, restorative, and 

adjustive services to physically 

challenged or disabled people are 

included in this industry. These 

establishments maintain inpatient beds 

and provide patients with food services 

that meet their nutritional requirements. 

They have an organized staff of 

physicians and other medical staff to 

provide patient care services. These 

hospitals may provide other services, 

such as outpatient services, diagnostic 

X-ray services, clinical laboratory 

services, operating room services, 

physical therapy services, educational 

and vocational services, and 

psychological and social work services. 

The SBA has established a size standard 

for this industry, which is annual 

receipts of $41.5 million or less. The 

2012 U.S. Economic Census indicates 

that 346 firms operated in this industry 

throughout the entire year. Of that 

number, 146 firms had annual receipts 

of less than $25 million. Based on this 

data, we conclude that approximately 

one-third of the firms in this industry 

are small. 

70. Emergency and Other Relief 

Services. This industry comprises 

establishments primarily engaged in 

providing food, shelter, clothing, 

medical relief, resettlement, and 

counseling to victims of domestic or 

international disasters or conflicts (e.g., 

wars). The SBA has established a size 

standard for this industry, which is 

annual receipts of $35 million or less. 

The 2012 U.S. Economic Census 

indicates that 541 firms operated in this 

industry throughout the entire year. Of 

that number, 509 had annual receipts of 

less than $25 million. Based on this 

data, we conclude that a majority of 

firms in this industry are small. 

H. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

71. The Report and Order adopts the 

following new reporting requirement. 

New FRN registrants and certain 

existing FRN holders that need to 

update their FRNs will need to provide 

their email address information to set 

up a username and password to be 

associated with their FRN. Eventually, 

all FRN registrants will be expected to 

manage FRN-related business in the 

new CORES. 

I. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

72. 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 or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.’’ 

73. A substantial number of entities 

and individuals doing business with the 

Commission have already received their 

FRNs through a prior registration in the 

old version of CORES (or legacy 

CORES), and we anticipate that the 

changes proposed here will have little to 

no economic impact on them. For all 

users that are currently using the legacy 

CORES and will be expected to use the 

new CORES, there should be no 

economic barriers involved in seeking 

an FRN number through CORES when 

registering online through the 

Commission’s website. The Office of 

Managing Director is the delegated 

authority to transition registrants that 

obtained passwords through legacy 

CORES to the new CORES, and, in 

consultation with the Commission’s 

Chief Information Officer, will best 

determine what steps to take to bring 

such users into compliance. Through 

the transition process, all FRN holders 

will be expected to manage FRN 

business through the new CORES. After 

legacy CORES is retired (i.e., no longer 

publicly accessible), new FRN 

registrants and existing FRN holders 

that need to update FRN information 

will need to do so in the new CORES 

because the legacy CORES system will 

not be available. When needing to first 

register for an FRN or make information 

changes to a registration, users will be 

required to provide an email address 

and password in the FCC User 

Registration System in order to access 

the new CORES. FRN holders that forget 

their passwords will also need to go 

through the new system to set up new 

passwords. The steps to obtain a new 

FRN or revise the information 

associated with an already-existing FRN 

are not burdensome because this 

requires a limited amount of data entry 

in form fields and should involve little 

to no cost for the registrant. However, 

this order does not address other 

Commission information systems that 

may require FRN and password entry or 

additional requirements for those 

separate systems 

IV. Ordering Clauses 

74. Accordingly, it is ordered that 

pursuant to sections 4(i), 8(c)(2), 9(c)(2), 

and 303(r) of the Communications Act 


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59868 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 

of 1934, as amended, 47 U.S.C. 154(i), 

158(c)(2), 159(c)(2), and 303(r); and 

section 7701 of the Debt Collection 

Improvement Act of 1996, 31 U.S.C. 

7701(c)(1), the Report and Order is 

adopted and the Commission’s rules are 

hereby amended as set forth in 

Appendix B of the Report and Order. 

The rules and procedures adopted in the 

Report and Order are effective 30 days 

after the date of publication in the 

Federal Register. The non-substantive 

change to an information collection 

effected by the revision to § 1.8002(b)(2) 

of the Commission’s rules was approved 

by OMB on August 11, 2021. 

75. It is further ordered that this 

Report and Order shall be effective 30 

days after publication of a summary in 

the Federal Register. 

76. 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, 5 U.S.C. 

801(a)(1)(A). 

77. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure, Communications, internet, 

Reporting and recordkeeping 

requirements, Telecommunications. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

For the reasons stated in the 

preamble, the FCC amends 47 CFR part 

1 as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 

U.S.C. 2461 note, unless otherwise noted. 

■ 2. Amend § 1.8002 by: 

■ a. Revising paragraph (b); and 

■ b. Removing paragraph (e). 

The revision reads as follows: 

§ 1.8002 Obtaining an FRN. 

* * * * * 

(b)(1) When registering for an FRN 

through the CORES, an entity’s name, 

entity type, contact name and title, 

address, valid email address, and 

taxpayer identifying number (TIN) must 

be provided. For individuals, the TIN is 

the social security number (SSN). 

(2) Information listed in paragraph 

(b)(1) of this section must be kept 

current by registrants either by updating 

the information on-line at the CORES 

link at www.fcc.gov or by filing FCC 

Form 161 (CORES Update/Change 

Form). 

* * * * * 

[FR Doc. 2021–20544 Filed 10–28–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 90 

[WP Docket No. 07–100; FCC 21–106; FR 

ID 54675] 

Improving Public Safety 

Communications in the 4.9 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; grants of petitions for 

reconsideration; and final rule; 

correction. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) grants three petitions for 

reconsideration insofar as the petitions 

sought deletion of the rules adopted in 

the Sixth Report and Order in this 

proceeding governing the 4.9 GHz 

(4940–4990 MHz) band. The 

Commission also partially lifts the 

licensing freeze to allow incumbents to 

modify their existing licenses or to 

license new permanent fixed sites. 

DATES: This final rule is effective 

November 29, 2021. As of November 29, 

2021, the final rule published on 

November 30, 2020 (85 FR 76469), is 

corrected. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Jon Markman of the 

Wireless Telecommunications Bureau, 

Mobility Division, at (202) 418–7090 or 

Jonathan.Markman@fcc.gov or Thomas 

Eng of the Public Safety and Homeland 

Security Bureau at (202) 418–0019 or 

Thomas.Eng@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration, in WP Docket No. 07– 

100; FCC 21–106, adopted on September 

30, 2021, and released on October 1, 

2021. The full text of this document is 

available for public inspection online at 

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

attachments/FCC-21-106A1.pdf. 

Congressional Review Act 

The Commission will send a copy of 

the Order on Reconsideration 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). 

Final Regulatory Flexibility 

Certification 

Pursuant to Section 605(b) of the RFA, 

if a proposed or final rule, ‘‘. . . will 

not, if promulgated, have a significant 

economic impact on a substantial 

number of small entities[,]’’ an agency is 

permitted to file a certification with the 

rulemaking containing a statement that 

provides a factual basis for its 

conclusion that there will not be 

significant economic impact on a 

substantial number of small entities. 

The certification and statement must be 

filed in the Federal Register and sent to 

the Chief Counsel for Advocacy of the 

Small Business Administration (SBA). 

The Order on Reconsideration in this 

proceeding grants in part the petitions 

for reconsideration of the Sixth Report 

and Order (85 FR 76469, Nov. 30, 2020), 

in WP Docket No. 07–100, reverting 

back to the rules that were in effect prior 

to modification by the Sixth Report and 

Order. No petitions for reconsideration 

of the Final Regulatory Flexibility 

Analysis (FRFA) that accompanied the 

Sixth Report and Order were received 

by the Commission. Accordingly, the 

Commission has prepared a Final 

Regulatory Flexibility Certification 

(FRFC) providing the factual basis for its 

determination that the Order on 

Reconsideration will not have 

significant economic impact on a 

substantial number of small entities. 

The Commission will publish a copy of 

the Order on Reconsideration and the 

FRFC in the Federal Register and send 

a copy to the Chief Counsel for 

Advocacy of the Small Business 

Administration (SBA). The FRFC is set 

forth in Appendix B of the Order on 

Reconsideration. 

Synopsis 

On September 30, 2020, the 

Commission adopted the Sixth Report 

and Order and Seventh Further Notice 

of Proposed Rulemaking (FNPRM) (85 

FR 76505, Nov. 30, 2020) (36 FCC Rcd 

1958) in this proceeding. The leasing 

framework adopted in the Sixth Report 

and Order granted states, through a 

single statewide entity designated as the 

State Lessor, the option to lease 

spectrum access to state and local 

entities—whether public safety or nonpublic safety—as well as to commercial 

and other private entities in their 

jurisdictions. State Lessors were also 

permitted to use the band for non-public 

safety purposes themselves. Prior to the 

issuance of the Sixth Report and Order 

and Seventh FNPRM, the Public Safety 


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