Federal Register / Vol. 75, No. 210 / Monday, November 1, 2010 / Proposed Rules 67077 

estimates that the majority of ISP firms 

are small entities. 

128. The ISP industry has changed 

dramatically since 2002. The 2002 data 

cited above may therefore include 

entities that no longer provide Internet 

access service and may exclude entities 

that now provide such service. To 

ensure that this IRFA describes the 

universe of small entities that our action 

might affect, the Commission discusses 

in turn several different types of entities 

that might be providing Internet access 

service. 

129. The Commission notes that, 

although the Commission has no 

specific information on the number of 

small entities that provide Internet 

access service over unlicensed 

spectrum, it includes these entities in 

the IRFA. 

4. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

130. The Mobility Fund Notice of 

Proposed Rulemaking seeks public 

comment on creation of a new Mobility 

Fund within the high-cost mechanism 

of the federal universal service program. 

The Mobility fund would make 

available non-recurring support to 

providers to deploy 3G or better 

networks where these services are not 

currently available. The proposed 

Mobility Fund would use market 

mechanisms—specifically, a reverseauction—to compare all offers to 

provide service across the unserved 

areas eligible for participation in the 

Mobility Fund program. 

13. In proposing the Mobility Fund, 

the Commission seeks comment on 

various reporting, record-keeping, and 

other compliance requirements for the 

parties that will be applying for and 

receiving support from the Mobility 

Fund. The Mobility Fund Notice of 

Proposed Rulemaking proposes, for 

example, that parties interested in 

participating in a Mobility Fund auction 

must disclose certain information, such 

as their ownership, before participating 

in the auction. The Mobility Fund 

Notice of Proposed Rulemaking 

proposes that auction winners be 

required to provide more detailed 

information, including project 

descriptions and timetables. The parties 

receiving support would be subject to 

certain reporting requirements 

demonstrating a certain level of network 

quality of service and reasonably 

comparable rates, and would need to 

provide, in annual reports, data from 

drive tests showing mobile 

transmissions to and from the network 

meeting or exceeding certain minimum 

standards. The Mobility Fund Notice of 

Proposed Rulemaking also proposes a 

five-year record retention period, 

consistent with the record retention 

period for other universal service highcost support. 

132. Because the overall design and 

scope of the Mobility Fund have not 

been finalized, the Commission does not 

have a more specific estimate of 

potential reporting, recordkeeping, and 

compliance burdens on small 

businesses. The Commission anticipates 

that commenters will address the 

reporting, recordkeeping, and other 

compliance proposals made in the 

Mobility Fund Notice of Proposed 

Rulemaking, and will provide reliable 

information on any costs and burdens 

on small businesses for inclusion in the 

record of this proceeding. 

5. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

133. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

134. The reporting, recordkeeping, 

and other compliance requirements in 

this Mobility Fund Notice of Proposed 

Rulemaking could have an impact on 

both small and large entities. However, 

even though the impact may be more 

financially burdensome for smaller 

entities, the Commission believes the 

impact of such requirements is 

outweighed by the benefit of providing 

the additional USF support necessary to 

make advanced wireless services 

available to areas of the nation that are 

currently unserved. Further, these 

requirements are necessary to ensure 

that the statutory goals of 47 U.S.C. 254 

are met without waste, fraud, or abuse. 

135. The Commission expects to 

consider the economic impact on small 

entities, as identified in comments filed 

in response to the Mobility Fund Notice 

of Proposed Rulemaking, in reaching its 

final conclusions and taking action in 

this proceeding. 

6. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

136. None. 

List of Subjects in 47 CFR Parts 1 and 

54 

Administrative practice and 

procedure, Competitive bidding, 

Telecommunications, Reporting and 

recordkeeping requirements. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–27458 Filed 10–29–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–2000; MB Docket No. 08–194; RM– 

11488] 

Television Broadcasting Services; 

Huntsville, AL 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by Local 

TV Alabama License, LLC (‘‘Local TV’’), 

the licensee of WHNT–TV, channel 46, 

Huntsville, Alabama. Local TV requests 

the substitution of channel 46 for 

channel 19 at Huntsville. 

DATES: Comments must be filed on or 

before December 1, 2010, and reply 

comments on or before December 16, 

2010. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Scott S. Patrick, Esq., Dow Lohnes 

PLLC, 1200 New Hampshire Avenue, 

NW., Suite 800, Washington, DC 20036– 

6802. 

FOR FURTHER INFORMATION CONTACT: 

David Brown, david.brown@fcc.gov, 

Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–194, adopted October 18, 2010, and 

released October 19, 2010. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 


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67078 Federal Register / Vol. 75, No. 210 / Monday, November 1, 2010 / Proposed Rules 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts (other than 

ex parte presentations exempt under 47 

CFR 1.1204(a) are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1208 for rules governing 

restricted proceedings. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Alabama, is amended by adding 

channel 19 and removing channel 46 at 

Huntsville. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. 2010–27461 Filed 10–29–10; 8:45 am] 

BILLING CODE 6712–01–P 


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