[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Proposed Rules]
[Pages 30857-30864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10408]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 10

[Public Safety and Homeland Security Bureau: PS Docket Nos. 15-91, 15-
94; FCC 22-31: FR ID 85971]


Wireless Emergency Alerts

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This Further Notice of Proposed Rulemaking (Further Notice) 
seeks comment on proposals to develop performance metrics and reporting 
standards to measure the reliability, speed, and accuracy of the 
provision of Wireless Emergency Alerts (WEA), in order to identify 
issues with and improve the WEA system. This document also seeks 
comment on how Participating Commercial Mobile Service (CMS) Providers 
should measure the performance of their WEA service to improve the 
provision of WEA. By this action, the Commission affords interested 
parties an opportunity to submit comments. Through this action, the 
Commission hopes to collect data on the provision of WEA in order to 
empower state and local alert originators to more fully and better use 
the WEA system.

DATES: Comments are due on or before June 21, 2022 and reply comments 
are due on or before July 19, 2022.

ADDRESSES: You may submit comments, identified by PS Docket No. 15-91, 
and PS Docket No 15-94, by any of the following methods:
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Federal Communications Commission's Electronic Comment Filing 
System (ECFS) at: https://apps.fcc.gov/ecfs/.
    <bullet> Paper Filers: Comments may be filed in paper by sending an 
original and one copy of each filing.
    All filings must be addressed to the FCC's Secretary: Office of the 
Secretary, Federal Communications Commission. Filings can be sent by 
commercial carrier, or by U.S. Postal Service mail.
    <bullet> Comments sent using commercial carrier other than U.S. 
Postal Service mail, must be addressed to 9050 Junction Drive, 
Annapolis, MD 20701.
    <bullet> Comments sent using the U.S. Postal Service first-class, 
Express, or 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, DA-20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People With Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), please send an email to: <a href="/cdn-cgi/l/email-protection#88cecbcbbdb8bcc8eeebeba6efe7fe"><span class="__cf_email__" data-cfemail="b6f0f5f5838682f6d0d5d598d1d9c0">[email protected]</span></a> or call 
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or 
202-418-0432 (TTY).
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For further information, contact James 
Wiley, Public Safety and Homeland Security Bureau, Cybersecurity and 
Communications Reliability Division, at (202) 418-1678, or by email to 
<a href="/cdn-cgi/l/email-protection#791318141c0a570e10151c00391f1a1a571e160f"><span class="__cf_email__" data-cfemail="80eae1ede5f3aef7e9ece5f9c0e6e3e3aee7eff6">[email protected]</span></a>, or David Kirschner, Public Safety and Homeland 
Security Bureau, Cybersecurity and Communications Reliability Division, 
at (202) 418-0695, or by email to <a href="/cdn-cgi/l/email-protection#365257405f52185d5f4445555e5853447650555518515940"><span class="__cf_email__" data-cfemail="3d595c4b54591356544f4e5e5553584f7d5b5e5e135a524b">[email protected]</span></a>.

[[Page 30858]]


SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice, FCC 22-31, released on April 21, 2022. The full text of 
this document is available at: https://www.fcc.gov/document/fcc-proposes-public-wireless-emergency-alerts-performance-reporting-0.
    In this Further Notice in PS Docket Nos. 15-91, and 15-94, the 
Commission seeks comment on proposals to amend the Part 10 rules 
governing Wireless Emergency Alerts (47 CFR part 10).

Synopsis

    The Commission seeks to improve WEA effectiveness through the 
development of performance metrics and reporting standards. The 
Commission proposes that Participating CMS Providers file public 
reports with the Commission on important attributes of WEA's 
performance: Its reliability, speed, and accuracy. The Commission seeks 
comment on how to define and measure the reliability, speed, and 
accuracy of WEAs. The Commission seeks comment on how Participating CMS 
Providers should measure WEA performance and generate WEA performance 
reports. The Commission seeks comment on whether these reports should 
be based on tests or data from real-time WEA use. The Commission seeks 
comment on when and how these reports should be provided to the 
Commission. The Commission seeks comment on whether Participating CMS 
Providers should provide locality-specific WEA performance reporting. 
The Commission seeks comment on what information Participating CMS 
Providers would need to collect to assess WEA performance and whether 
it already is possible to collect the requisite information. If 
Participating CMS Providers currently cannot collect information 
necessary to assess WEA performance, the Commission seeks comment on 
what changes would be necessary to comply with these reporting 
requirements. The Commission seeks comment on whether information about 
how, when, and where alerts are being delivered to devices would be 
beneficial to emergency managers that are evaluating WEA's 
effectiveness. The Commission seeks comment on whether Participating 
CMS Providers should offer WEA-capable mobile devices that 
automatically report WEA performance information. The Commission seeks 
comment on the steps need to be taken to have mobile devices log and 
report WEA performance information, and how long it would take to 
implement. The Commission seeks comment on whether there are consumer 
privacy concerns associated with the automatic reporting of WEA 
performance information from WEA-capable mobile devices. The Commission 
seeks comment on the costs associated with Participating CMS Providers' 
production of WEA performance reports. The Commission seeks comment on 
the effect of our proposals would have on the level of participation in 
WEA. The Commission seeks comment on ways to further improve WEA. The 
Commission seeks comment on how non-Participating CMS providers deliver 
WEA alerts and on what factors they depend on to provide wireless 
emergency alerts.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared this 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 Further Notice. Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on the Further Notice. The 
Commission will send a copy of the Further Notice, including this IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration 
(SBA). In addition, the Further Notice and IRFA (or summaries thereof) 
will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    In the Further Notice, the Commission seeks to improve the 
effectiveness of WEA by building upon and refreshing the record on the 
Commission's prior proposals to require commercial mobile service (CMS) 
providers participating in WEA (Participating CMS Providers) to file 
with the Commission, public reports on WEA's reliability, speed, and 
accuracy. Further, we seek to strengthen WEA's effectiveness through 
the development of performance metrics and reporting standards that 
will help emergency management and other stakeholders understand the 
effectiveness of WEA in their particular area, and identify areas where 
improvement is needed. More specifically, in the Further Notice we 
propose that CMS providers who choose to participate in WEA file public 
reports with the Commission on important attributes of WEA's 
performance and comment on (1) how WEA's reliability, speed, and 
accuracy should be defined, and whether these are the most pertinent 
measures of WEA's performance; (2) how Participating CMS Providers 
should measure performance of WEA for the purpose of generating WEA 
performance reports; (3) how and when WEA performance reports should be 
provided to the Commission; (4) whether WEA performance reports should 
include information collected at the consumer's device, including 
information about the actual time and location of alert receipt, and 
whether consumer devices should automatically report this information 
to Participating CMS Providers; and, (5) how the Commission can further 
improve WEA's speed and reliability based on the findings of the 2021 
nationwide WEA test. We believe that having empirical data on WEA's 
reliability, speed, and accuracy, and developing a shared understanding 
among emergency management agencies and the public regarding the 
system's capabilities will help promote and increase emergency 
managers' use of WEA during emergencies and other critical situations 
which will save lives. We also believe that our actions will help 
increase public confidence in WEA.

B. Legal Basis

    The proposed action is taken pursuant to sections 1, 2, 4(i), 4(o), 
301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, 
as well as by sections 602(a),(b),(c), (f), 603, 604, 605 and 606 of 
the WARN Act, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204, 1205 and 
1206.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not

[[Page 30859]]

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 32.5 million businesses.
    Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2020, there were 
approximately 447,689 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.''
    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 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2021 Universal 
Service Monitoring Report, as of December 31, 2020, there were 797 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 715 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    Broadband Personal Communications Service. The broadband personal 
communications services (PCS) spectrum encompasses services in the 
1850-1910 and 1930-1990 MHz bands. The closest industry with a SBA 
small business size standard applicable to these services is Wireless 
Telecommunications Carriers (except Satellite). The SBA small business 
size standard for this industry classifies a business as small if it 
has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms that operated in this industry for the 
entire year. Of this number, 2,837 firms employed fewer than 250 
employees. Thus, under the SBA size standard, the Commission estimates 
that a majority of licensees in this industry can be considered small.
    Based on Commission data as of November 2021, there were 
approximately 5,060 active licenses in the Broadband PCS service. The 
Commission's small business size standards with respect to Broadband 
PCS involve eligibility for bidding credits and installment payments in 
the auction of licenses for these services. In auctions for these 
licenses, the Commission defined ``small business'' as an entity that, 
together with its affiliates and controlling interests, has average 
gross revenues not exceeding $40 million for the preceding three years, 
and a ``very small business'' as an entity that, together with its 
affiliates and controlling interests, has had average annual gross 
revenues not exceeding $15 million for the preceding three years. 
Winning bidders claiming small business credits won Broadband PCS 
licenses in C, D, E, and F Blocks. In frequency bands where licenses 
were subject to auction, the Commission notes that as a general matter, 
the number of winning bidders that qualify as small businesses at the 
close of an auction does not necessarily represent the number of small 
businesses currently in service. Further, the Commission does not 
generally track subsequent business size unless, in the context of 
assignments or transfers, unjust enrichment issues are implicated. 
Additionally, since the Commission does not collect data on the number 
of employees for licensees providing these, at this time we are not 
able to estimate the number of licensees with active licenses that 
would qualify as small under the SBA's small business size standard.
    Narrowband Personal Communications Services. Narrowband Personal 
Communications Services (Narrowband PCS) are PCS services operating in 
the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. PCS services are 
radio communications that encompass mobile and ancillary fixed 
communication that provide services to individuals and businesses and 
can be integrated with a variety of competing networks. Wireless 
Telecommunications Carriers (except Satellite) is the closest industry 
with an SBA small business size standard applicable to these services. 
The SBA small business size standard for this industry classifies a 
business as small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2017 show that there were 2,893 firms that operated in 
this industry for the entire year. Of this number, 2,837 firms employed 
fewer than 250 employees. Thus, under the SBA size standard, the 
Commission estimates that a majority of licensees in this industry can 
be considered small.
    According to Commission data as of December 2021, there were 
approximately 4,211 active Narrowband PCS licenses. The Commission's 
small business size standards with respect to Narrowband PCS involve 
eligibility for bidding credits and installment payments in the auction 
of licenses for these services. For the auction of these licenses, the 
Commission defined a ``small business'' as an entity that, together 
with affiliates and controlling interests, has average gross revenues 
for the three preceding years of not more than $40 million. A ``very 
small business'' is defined as an entity that, together with affiliates 
and controlling interests, has average gross revenues for the three 
preceding years of not more than $15 million. Pursuant to these 
definitions, 7 winning bidders claiming small and very small bidding 
credits won approximately 359 licenses. One of the winning bidders 
claiming a small business status classification in these Narrowband PCS 
license auctions had an active license as of December 2021.

[[Page 30860]]

    In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    Wireless Communications Services. Wireless Communications Services 
(WCS) can be used for a variety of fixed, mobile, radiolocation, and 
digital audio broadcasting satellite services. Wireless spectrum is 
made available and licensed for the provision of wireless 
communications services in several frequency bands subject to Part 27 
of the Commission's rules (47 CFR part 27). Wireless Telecommunications 
Carriers (except Satellite) is the closest industry with an SBA small 
business size standard applicable to these services. The SBA small 
business size standard for this industry classifies a business as small 
if it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 
show that there were 2,893 firms that operated in this industry for the 
entire year. Of this number, 2,837 firms employed fewer than 250 
employees. Thus, under the SBA size standard, the Commission estimates 
that a majority of licensees in this industry can be considered small.
    The Commission's small business size standards with respect to WCS 
involve eligibility for bidding credits and installment payments in the 
auction of licenses for the various frequency bands included in WCS. 
When bidding credits are adopted for the auction of licenses in WCS 
frequency bands, such credits may be available to several types of 
small businesses based average gross revenues (small, very small and 
entrepreneur) pursuant to the competitive bidding rules adopted in 
conjunction with the requirements for the auction and/or as identified 
in the designated entities section in Part 27 of the Commission's rules 
for the specific WCS frequency bands.
    In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    700 MHz Guard Band Licensees. The 700 MHz Guard Band encompasses 
spectrum in 746-747/776-777 MHz and 762-764/792-794 MHz frequency 
bands. Wireless Telecommunications Carriers (except Satellite) is the 
closest industry with an SBA small business size standard applicable to 
licenses providing services in these bands. The SBA small business size 
standard for this industry classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that 
there were 2,893 firms that operated in this industry for the entire 
year. Of this number, 2,837 firms employed fewer than 250 employees. 
Thus, under the SBA size standard, the Commission estimates that a 
majority of licensees in this industry can be considered small.
    According to Commission data as of December, 2021, there were 
approximately 224 active 700 MHz Guard Band licenses. The Commission's 
small business size standards with respect to 700 MHz Guard Band 
licensees involve eligibility for bidding credits and installment 
payments in the auction of licenses. For the auction of these licenses, 
the Commission defined a ``small business'' as an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues not exceeding $40 million for the preceding three years, and a 
``very small business'' an entity that, together with its affiliates 
and controlling principals, has average gross revenues that are not 
more than $15 million for the preceding three years. Pursuant to these 
definitions, five winning bidders claiming one of the small business 
status classifications won 26 licenses, and one winning bidder claiming 
small business won two licenses. None of the winning bidders claiming a 
small business status classification in these 700 MHz Guard Band 
license auctions had an active license as of December 2021.
    In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses 
spectrum in the 698-746 MHz frequency bands. Permissible operations in 
these bands include flexible fixed, mobile, and broadcast uses, 
including mobile and other digital new broadcast operation; fixed and 
mobile wireless commercial services (including FDD- and TDD-based 
services); as well as fixed and mobile wireless uses for private, 
internal radio needs, two-way interactive, cellular, and mobile 
television broadcasting services. Wireless Telecommunications Carriers 
(except Satellite) is the closest industry with an SBA small business 
size standard applicable to licenses providing services in these bands. 
The SBA small business size standard for this industry classifies a 
business as small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2017 show that there were 2,893 firms that operated in 
this industry for the entire year. Of this number, 2,837 firms employed 
fewer than 250 employees. Thus, under the SBA size standard, the 
Commission estimates that a majority of licensees in this industry can 
be considered small.
    According to Commission data as of December 2021, there were 
approximately 2,824 active Lower 700 MHz Band licenses. The 
Commission's small business size standards with respect to Lower 700 
MHz Band licensees involve eligibility for bidding credits and 
installment payments in the auction of licenses. For auctions of Lower 
700 MHz Band licenses the Commission adopted criteria for three groups 
of small businesses. A very small business was defined as an entity 
that, together with its affiliates and controlling interests, has 
average annual gross revenues not exceeding $15 million for the 
preceding three years, a small business was defined as an entity that, 
together with its affiliates and controlling interests, has average 
gross revenues not exceeding $40 million for the preceding three years, 
and an entrepreneur was defined as an entity that, together with its 
affiliates and

[[Page 30861]]

controlling interests, has average gross revenues not exceeding $3 
million for the preceding three years. In auctions for Lower 700 MHz 
Band licenses seventy-two winning bidders claiming a small business 
classification won 329 licenses, twenty-six winning bidders claiming a 
small business classification won 214 licenses, and three winning 
bidders claiming a small business classification won all five auctioned 
licenses.
    In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses 
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are 
nationwide licenses associated with the 758-763 MHz and 788-793 MHz 
bands. Permissible operations in these bands include flexible fixed, 
mobile, and broadcast uses, including mobile and other digital new 
broadcast operation; fixed and mobile wireless commercial services 
(including FDD- and TDD-based services); as well as fixed and mobile 
wireless uses for private, internal radio needs, two-way interactive, 
cellular, and mobile television broadcasting services. Wireless 
Telecommunications Carriers (except Satellite) is the closest industry 
with an SBA small business size standard applicable to licenses 
providing services in these bands. The SBA small business size standard 
for this industry classifies a business as small if it has 1,500 or 
fewer employees. U.S. Census Bureau data for 2017 show that there were 
2,893 firms that operated in this industry for the entire year. Of that 
number, 2,837 firms employed fewer than 250 employees. Thus, under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    According to Commission data as of December, 2021, there were 
approximately 152 active Upper 700 MHz Band licenses. The Commission's 
small business size standards with respect to Upper 700 MHz Band 
licensees involve eligibility for bidding credits and installment 
payments in the auction of licenses. For the auction of these licenses, 
the Commission defined a ``small business'' as an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues not exceeding $40 million for the preceding three years, and a 
``very small business'' an entity that, together with its affiliates 
and controlling principals, has average gross revenues that are not 
more than $15 million for the preceding three years. Pursuant to these 
definitions, three winning bidders claiming very small business status 
won five of the twelve available licenses.
    In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    Advanced Wireless Services (AWS)--(1710-1755 MHz and 2110-2155 MHz 
bands (AWS-1); 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-
2180 MHz bands (AWS-2); 2155-2175 MHz band (AWS-3); 2000-2020 MHz and 
2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in 
these bands for the provision of various wireless communications 
services. Wireless Telecommunications Carriers (except Satellite) is 
the closest industry with an SBA small business size standard 
applicable to these services. The SBA small business size standard for 
this industry classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus, under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    According to Commission data as December, 2021, there were 
approximately 4,472 active AWS licenses. The Commission's small 
business size standards with respect to AWS involve eligibility for 
bidding credits and installment payments in the auction of licenses for 
these services. For the auction of AWS licenses, the Commission defined 
a ``small business'' as an entity with average annual gross revenues 
for the preceding three years not exceeding $40 million, and a ``very 
small business'' as an entity with average annual gross revenues for 
the preceding three years not exceeding $15 million. Pursuant to these 
definitions, 57 winning bidders claiming status as small or very small 
businesses won 215 of 1,087 licenses. In the most recent auction of AWS 
licenses, 15 of 37 bidders qualifying for status as small or very small 
businesses won licenses.
    In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    Broadband Radio Service and Educational Broadband Service. 
Broadband Radio Service systems, previously referred to as Multipoint 
Distribution Service (MDS) and Multichannel Multipoint Distribution 
Service (MMDS) systems, and ``wireless cable,'' transmit video 
programming to subscribers and provide two-way high speed data 
operations using the microwave frequencies of the Broadband Radio 
Service (BRS) and Educational Broadband Service (EBS) (previously 
referred to as the Instructional Television Fixed Service (ITFS)). 
Wireless cable operators that use spectrum in the BRS often 
supplemented with leased channels from the EBS, provide a competitive 
alternative to wired cable and other multichannel video programming 
distributors. Wireless cable programming to subscribers resembles cable 
television, but instead of coaxial cable, wireless cable uses microwave 
channels.
    In light of the use of wireless frequencies by BRS and EBS 
services, the closest industry with a SBA small business size standard 
applicable to

[[Page 30862]]

these services is Wireless Telecommunications Carriers (except 
Satellite). The SBA small business size standard for this industry 
classifies a business as small if it has 1,500 or fewer employees. U.S. 
Census Bureau data for 2017 show that there were 2,893 firms that 
operated in this industry for the entire year. Of this number, 2,837 
firms employed fewer than 250 employees. Thus, under the SBA size 
standard, the Commission estimates that a majority of licensees in this 
industry can be considered small.
    According to Commission data as December, 2021, there were 
approximately 5,869 active BRS and EBS licenses. The Commission's small 
business size standards with respect to BRS involves eligibility for 
bidding credits and installment payments in the auction of licenses for 
these services. For the auction of BRS licenses, the Commission adopted 
criteria for three groups of small businesses. A very small business is 
an entity that, together with its affiliates and controlling interests, 
has average annual gross revenues exceed $3 million and did not exceed 
$15 million for the preceding three years, a small business is an 
entity that, together with its affiliates and controlling interests, 
has average gross revenues exceed $15 million and did not exceed $40 
million for the preceding three years, and an entrepreneur is an entity 
that, together with its affiliates and controlling interests, has 
average gross revenues not exceeding $3 million for the preceding three 
years. Of the ten winning bidders for BRS licenses, two bidders 
claiming the small business status won 4 licenses, one bidder claiming 
the very small business status won three licenses and two bidders 
claiming entrepreneur status won six licenses. One of the winning 
bidders claiming a small business status classification in the BRS 
license auction has an active license as of December, 2021.
    The Commission's small business size standards for EBS define a 
small business as an entity that, together with its affiliates, its 
controlling interests and the affiliates of its controlling interests, 
has average gross revenues that are not more than $55 million for the 
preceding five (5) years, and a very small business is an entity that, 
together with its affiliates, its controlling interests and the 
affiliates of its controlling interests, has average gross revenues 
that are not more than $20 million for the preceding five (5) years. In 
frequency bands where licenses were subject to auction, the Commission 
notes that as a general matter, the number of winning bidders that 
qualify as small businesses at the close of an auction does not 
necessarily represent the number of small businesses currently in 
service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    The Educational Broadcasting Services. Cable-based educational 
broadcasting services fall under the broad category of the Wired 
Telecommunications Carriers industry. The Wired Telecommunications 
Carriers industry comprises establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including Voice over internet Protocol (VoIP) services; wired (cable) 
audio and video programming distribution; and wired broadband internet 
services.''
    The SBA small business size standard for this industry classifies 
businesses having 1,500 or fewer employees as small. U.S. Census Bureau 
data for 2017 show that there were 3,054 firms in this industry that 
operated for the entire year. Of this total, 2,964 firms operated with 
fewer than 250 employees. Thus, under this size standard, the majority 
of firms in this industry can be considered small. Additionally, 
according to Commission data as of December, 2021, there were 4,477 
active EBS licenses. The Commission estimates that the majority of 
these licenses are held by non-profit educational institutions and 
school districts and are likely small entities.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.
    Software Publishers. This industry comprises establishments 
primarily engaged in computer software publishing or publishing and 
reproduction. Establishments in this industry carry out operations 
necessary for producing and distributing computer software, such as 
designing, providing documentation, assisting in installation, and 
providing support services to software purchasers. These establishments 
may design, develop, and publish, or publish only. The SBA small 
business size standard for this industry classifies businesses having 
annual receipts of $41.5 million or less as small. U.S. Census Bureau 
data for 2017 indicate that 7,842 firms in this industry operated for 
the entire year. Of this number 7,226 firms had revenue of less than 
$25 million. Based on this data, we conclude that a majority of firms 
in this industry are small.
    Noncommercial Educational (NCE) and Public Broadcast Stations. 
Noncommercial educational broadcast stations and public broadcast 
stations are television or radio broadcast stations which under the 
Commission's rules are eligible to be licensed by the Commission as a 
noncommercial educational radio or television broadcast station and are 
owned and operated by a public agency or nonprofit private foundation, 
corporation, or association; or are owned and operated by a 
municipality which transmits only noncommercial programs for education 
purposes.
    The SBA small business size standards and U.S. Census Bureau data 
classify radio stations and television broadcasting separately and both 
categories may include both noncommercial and commercial stations. The 
SBA small business size standard for both radio stations and television 
broadcasting classify firms having $41.5 million or less in annual 
receipts as small. For Radio Stations, U.S. Census Bureau data for 2017 
show that 1,879 of the 2,963 firms that operated during that year had 
revenue of less than $25 million per year. For

[[Page 30863]]

Television Broadcasting, U.S. Census Bureau data for 2017 show that 657 
of the 744 firms that operated for the entire year had revenue of less 
than $25,000,000. While the U.S. Census Bureau data does not indicate 
the number of non-commercial stations, we estimate that under the 
applicable SBA size standard the majority of noncommercial educational 
broadcast stations and public broadcast stations are small entities.
    According to Commission data as of September 2021, there were 4,595 
licensed noncommercial educational radio and television stations. There 
were also 2,276 low power television stations, including Class A 
stations (LPTV) and 3,106 TV translator stations. The Commission does 
not compile and otherwise does not have access to financial information 
for these stations that permit it to determine how many stations 
qualify as small entities under the SBA small business size standards. 
However, given the nature of these services, we will presume that all 
noncommercial educational and public broadcast stations qualify as 
small entities under the above SBA small business size standards.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    We expect the actions proposed in the Further Notice, if adopted, 
will impose additional reporting, recordkeeping and/or other compliance 
obligations on small as well as other entities who report to the 
Commission on the performance of their WEA service. The Further Notice 
seeks to refresh the record to develop metrics for WEA performance and 
reporting. Specifically, we seek comment on whether Participating CMS 
Providers should report to the Commission on the reliability, speed, 
and accuracy of their WEA service, and if so, on when and how the 
reports should be provided to the Commission, on how Participating CMS 
Providers should gather that data necessary to compile those 
performance reports, and on how WEA reports should quantify these key 
performance metrics. We also inquire whether there are other or 
additional measures of WEA's performance that are relevant to emergency 
management agencies and the public that the Commission should consider 
as a reporting requirement.
    In assessing the cost of compliance for small entities, at this 
time the Commission cannot quantify the cost of compliance for small 
entities and is not in a position to determine whether, if adopted, 
compliance with any WEA performance reporting or other requirements 
will require small entities to hire professionals. The Commission 
sought detailed comment on the costs of WEA performance reporting in 
the 2016 WEA R&O and FNPRM, but did not receive any responsive comments 
on this issue. However, in 2021, the Commission estimated that the 
total annual cost of compliance with its WEA election requirements for 
the industry would be $1 million, which was approved by the Office of 
Management and Budget. This cost estimate included the total effort 
required by Participating CMS Providers to assess the extent of their 
readiness to participate in WEA and report such to new and existing 
subscribers and the Commission. Accordingly regarding costs, the 
Further Notice seeks comment on: (1) The costs associated with 
Participating CMS Providers' production of WEA performance reports, (2) 
whether its prior $1 million estimate is a reasonable cost ceiling for 
CMS Providers to generate and submit WEA performance tests because both 
lines of effort entail reporting and analysis of WEA-related network 
infrastructure, (3) whether in the alternative, the cost to establish 
and report on the results of E911 location accuracy testing would be a 
more accurate analog to the cost of reporting on WEA's performance, and 
(4) whether standards revisions or software and firmware updates to CMS 
network equipment and mobile devices may be necessary to log WEA 
performance data. We expect the comments we receive to include 
information addressing costs which will help the Commission identify 
and evaluate relevant issues for small entities, including compliance 
costs and other burdens that may result from any WEA performance 
reporting requirements that may be adopted in this proceeding, before 
adopting final rules.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    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 such small entities; (3) the 
use of performance, rather than design, standards; and (4) and 
exemption from coverage of the rule, or any part thereof, for such 
small entities.''
    The Commission seeks comment on steps that it could take to limit 
the burden of WEA performance reporting. It seeks comment on the extent 
to which the Commission could limit the overall economic impact of WEA 
performance reporting by providing increased flexibility for businesses 
identified as small by the Small Business Administration or by limiting 
the applicability of the requirement to only the three nationwide CMS 
Providers.
    Building on the Commission's prior proposals and its objective to 
refresh the record to develop metrics for WEA performance and 
reporting, in the Further Notice the Commission does not propose to set 
minimum performance benchmarks which could adversely affect small 
entities. Instead, we seek to identify key reporting metrics that will 
help stakeholders develop an understanding of WEA end-to-end 
performance. The Commission also seeks comment on steps that it could 
take to limit the burden of WEA performance reporting as a general 
matter, which could help minimize the economic impact of any adopted 
WEA performance reporting requirements on small entities. Further, 
specifically targeting small entities, we seek comment on the extent to 
which the Commission could limit the overall economic impact of WEA 
performance reporting by providing increased flexibility for businesses 
identified as small by the SBA, or by limiting the applicability of the 
requirement to only the three nationwide CMS Providers.
    In the Further Notice, the Commission also identifies alternative 
approaches on several matters that might minimize the economic impact 
for small entities. While seeking comment on how to define reliability, 
speed, and accuracy for WEA, the Commission inquires whether the 
definitions it proposed in the 2016 WEA R&O and FNPRM best capture the 
definitions for reliability, speed, and accuracy of WEA. As part of 
this inquiry, in the alternative we seek comment on: (1) Whether WEA's 
reliability should be defined as the proportion of devices within the 
targeted area while the alert is active that successfully displayed the 
alert, (2) whether WEA's speed should be measured as the difference 
between the time that an alert is initiated by an authorized alert 
originator and the time that the alert is displayed at the mobile 
device, (3) whether WEA's accuracy should be defined as the proportion 
of alert recipients that received the alert within and further than 0.1 
miles from

[[Page 30864]]

the target area, and (4) whether reliability, speed, and accuracy are 
the most pertinent measures of WEA's performance to emergency 
management agencies and the public.
    Similarly, the Commission seeks comment in the Further Notice on 
how Participating CMS Providers should measure the performance of their 
WEA service for the purpose of generating WEA performance reports 
noting that in the 2016 WEA R&O and FNPRM we previously proposed that 
Participating CMS Providers be required to submit WEA performance 
reports based on aggregated data from all WEA activations during the 
reporting period. In the alternative, we inquire whether the Commission 
should: (1) Allow performance reports to be based on discrete WEA tests 
conducted by Participating CMS Providers in partnership with federal, 
state, or local emergency management agencies in a representative 
sample of dense urban, urban, suburban and rural geographic 
environments, or (2) require WEA performance reports to be based on 
aggregated data from real-time WEA use and how this would be 
implemented. Regarding how and when performance reports should be 
provided to the Commission, as an alternative to our 2016 proposal to 
require Participating CMS Providers to report on the performance of 
their WEA service annually, or to require a single report and 
additional reports only in response to ``material'' network upgrades, 
in the Further Notice as a step to limit the burden of reporting while 
still gaining visibility into end-to-end WEA performance, we inquire 
whether to require Participating CMS Providers to submit multiple 
reports, such as a series of three reports, and whether the submission 
of performance reports should coincide with any particular developments 
or milestones. The Commission expects to more fully consider the 
economic impact and alternatives for small entities following the 
review of comments filed in response to the Further Notice.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Initial Paperwork Reduction Act of 1995 Analysis

    The Further Notice may contain potential new or revised information 
collection requirements. Therefore, we seek comment on potential new or 
revised information collections subject to the Paperwork Reduction Act 
of 1995. If the Commission adopts any new or revised information 
collection requirements, the Commission will publish a notice in the 
Federal Register inviting the general public and the Office of 
Management and Budget to comment on the information collection 
requirements, as required by the Paperwork Reducation Act of 1995, 
Public Law 104-13. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), we seek specific comment on how we might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.

Comments and Reply Comments

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated in the DATES section above. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998), https://transition.fcc.gov/Bueaus/OGC/Orders/1998/fcc98056.pdf.

Ex Parte Rules

    This Further Notice shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 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 
presenter's 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 rule 1.1206(b). In proceedings governed by 
rule 1.49(f) 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). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Ordering Clauses

    Accordingly, it is ordered, pursuant to Sections 1, 2, 4(i), 4(o), 
301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, 
as well as by sections 602(a),(b),(c), (f), 603, 604, 605, and 606 of 
the WARN Act, as amended, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204, 
1205, and 1206, that the Further Notice in PS Docket No. 15-91 and 15-
94 is hereby adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Further Notice, including the Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-10408 Filed 5-19-22; 8:45 am]
BILLING CODE 6712-01-P


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