Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30857 

E. Notice of Filing—New Tolerances for 

Non-Inerts 

1. PP 2E8987. (EPA–HQ–OPP–2022– 

0361). Interregional Research Project 

No. 4 (IR–4) North Carolina State 

University, 1730 Varsity Drive, Suite 

210, Venture IV, Raleigh, NC 27606, 

requests to establish a tolerance in 40 

CFR 180.383 for residues of the 

herbicide, sodium salt of acifluorfen, 

sodium 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2- 

nitrobenzoate, and its metabolites (the 

corresponding acid, methyl ester, and 

amino analogues) in or on the following 

raw agricultural commodities: Soybean, 

vegetable, edible podded at 0.09 ppm; 

soybean, vegetable, succulent shelled at 

0.09; and berry, low growing, subgroup 

13–07G at 0.1 ppm. A gas 

chromatography and liquid 

chromatography BASF corporation: 

Study No. 92161, Method No. D9205 

was used to measure and evaluate the 

chemical. Contact: RD. 

2. PP 1F8937. (EPA–HQ–OPP–2021– 

0634). Albaugh, LLC, 1535 36th St. NE, 

Ankeny, IA 50021, requests to establish 

a tolerance in 40 CFR part 180 for 

residues of the herbicide, oxyfluorfen in 

or on rice at 0.01 ppm. The acetonitrile 

fraction method is used to measure and 

evaluate the chemical oxyfluorfen. 

Contact: RD. 

3. PP 1F8946. (EPA–HQ–OPP–2021– 

0729). Syngenta Crop Protection, LLC, 

410 Swing Road, P.O. Box 18300, 

Greensboro, NC 27419, requests to 

establish an import tolerance in 40 CFR 

part 180 for residues of the fungicide, 

azoxystrobin (methyl (E)-2-{2-[6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy]phenyl}-3-methoxyacrylate) and 

the Z isomer of azoxystrobin (methyl 

(Z)-2-{2-[6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy]pheny1}-3-methoxyacrylate), in 

or on palm, oil at 0.06 ppm. GC–NPD or 

in mobile phase by HPLC–UV is used to 

measure and evaluate the chemical 

azoxystrobin and its Z isomer. Contact: 

RD. 

4. PP 1F8954. (EPA–HQ–OPP–2022– 

0003). Syngenta Crop Protection, LLC, 

410 Swing Road, P.O. Box 18300, 

Greensboro, NC 27410, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the nematocide, 

cyclobutrifluram (rel-N-[(1R,2R)-2-(2,4- 

dichlorophenyl)cyclobutyl]-2- 

(trifluoromethyl)-3- 

pyridinecarboxamide) in or on cotton at 

0.01 ppm; cotton, by-products at 0.01 

ppm; lettuce, romaine at 0.015 ppm; and 

soybean at 0.01 ppm. The methods 

GRM076.07A and GRM076.11A are 

used to measure and evaluate the 

chemical cyclobutrifluram and related 

metabolites, SYN510275 and 

SYN549104. Contact: RD. 

5. PP 1F8958. (EPA–HQ–OPP–2022– 

0198). ISK Biosciences Corporation, 

7470 Auburn Road, Suite A, Concord, 

Ohio, 44077, requests to establish a 

tolerance in 40 CFR part 180 for 

residues of the herbicide, tolpyralate, 1- 

[[1-Ethyl-4-[3-(2-methoxyethoxy)-2- 

methyl-4-(methylsulfonyl)benzoyl]-1Hpyrazol-5-yl]oxy]ethyl methyl 

carbonate, including its metabolite MT– 

2153, in or on wheat, grain at 0.01 ppm; 

wheat, forage at 0.02 ppm; wheat, hay 

at 0.05 ppm; wheat, straw at 0.03 ppm; 

barley, grain at 0.015 ppm; barley, hay 

at 0.2 ppm; and barley, straw at 0.08 

ppm. The Analytical method using 

liquid Chromatography-MS/MS is used 

to measure and evaluate the chemical 

tolpyralate. Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: May 12, 2022. 

Brian Bordelon, 

Acting Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2022–10851 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• Electronic Filers: Comments may be 

filed electronically using the Federal 

Communications Commission’s 

Electronic Comment Filing System 

(ECFS) at: https://apps.fcc.gov/ecfs/. 

• 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. 

• Comments sent using commercial 

carrier other than U.S. Postal Service 

mail, must be addressed to 9050 

Junction Drive, Annapolis, MD 20701. 

• 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/fcccloses-headquarters-open-window-andchanges-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: FCC504@

fcc.gov 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 

james.wiley@fcc.gov, or David 

Kirschner, Public Safety and Homeland 

Security Bureau, Cybersecurity and 

Communications Reliability Division, at 

(202) 418–0695, or by email to 

david.kirschner@fcc.gov. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
30858 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 

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-wirelessemergency-alerts-performancereporting-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 localityspecific 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 WEAcapable 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
30860 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 

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 FDDand 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 


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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 TDDbased 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 


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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 


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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 


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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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