31860 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

State and location Community 

No. 

Effective date 

authorization/cancellation of sale of 

flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Athens, City of, Limestone County ........ 010146 April 11, 1974, Emerg; September 28, 

1979, Reg; July 7, 2009, Susp.

......do ............... Do. 

Limestone County, Unincorporated 

Areas.

010307 September 2, 1975, Emerg; July 16, 1981, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Mooresville, Town of, Limestone County.010455 December 23, 2008, Emerg; NA, Reg; July 

7, 2009, Susp.

......do ............... Do. 

Kentucky: Liberty, City of, Cassey County ... 210054 May 12, 1975, Emerg; July 3, 1986, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

North Carolina: 

Cajahs Mountain, Town of, Caldwell 

County.

370452 NA, Emerg; March 6, 1990, Reg; July 7, 

2009, Susp.

......do ............... Do. 

Caldwell County, Unincorporated Areas 370039 June 19, 1978, Emerg; August 16, 1988, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Gamewell, Town of, Caldwell County ... 370451 NA, Emerg; February 15, 2000, Reg; July 

7, 2009, Susp.

......do ............... Do. 

Granite Falls, Town of, Caldwell County 370414 August 9, 1988, Emerg; August 16, 1988, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Hudson, Town of, Caldwell County ....... 370450 NA, Emerg; March 6, 1990, Reg; July 7, 

2009, Susp.

......do ............... Do. 

Lenoir, City of, Caldwell County ............ 370040 March 29, 1978, Emerg; August 16, 1988, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Region V 

Ohio: 

Centerburg, Village of, Knox County ..... 390307 June 27, 1975, Emerg; January 6, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Danville, Village of, Knox County .......... 390308 June 12, 1975, Emerg; August 24, 1984, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Gambier, Village of, Knox County ......... 390310 February 3, 1976, Emerg; January 30, 

1981, Reg; July 7, 2009, Susp.

......do ............... Do. 

Knox County, Unincorporated Areas ..... 390306 NA, Emerg; October 27, 1993, Reg; July 7, 

2009, Susp.

......do ............... Do. 

Mount Vernon, City of, Knox County .... 390311 January 21, 1974, Emerg; August 2, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Region X 

Idaho: 

Bannock County, Unincorporated Areas 160009 April 30, 1974, Emerg; September 5, 1979, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Downey, City of, Bannock County ........ 160165 February 8, 1985, Emerg; February 8, 

1985, Reg; July 7, 2009, Susp.

......do ............... Do. 

Inkom, City of, Bannock County ............ 160010 July 16, 1975, Emerg; September 15, 1978, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Lava Hot Springs, City of, Bannock 

County.

160011 May 20, 1975, Emerg; August 1, 1979, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

McCammon, City of, Bannock County .. 160176 December 21, 1978, Emerg; December 21, 

1978, Reg; July 7, 2009, Susp.

......do ............... Do. 

Pocatello, City of, Bannock County ....... 160012 February 7, 1974, Emerg; May 1, 1980, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

* -do- = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: June 23, 2009. 

Deborah Ingram, 

Acting Deputy Assistant Administrator, 

Mitigation Directorate, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. E9–15871 Filed 7–2–09; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 9 

[WC Docket No. 08–171; FCC 08–249] 

Implementation of the Net 911 

Improvement Act of 2008 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communications 

Commission (Commission) has adopted 

rules implementing certain key 

provisions of the New and Emerging 

Technologies 911 Improvement Act of 

2008 (NET 911 Act), which was enacted 

on July 23, 2008. Congress directed the 

Commission to issue rules 

implementing certain key provisions of 

the NET 911 Act no later than October 

21, 2008. In particular, to effectuate the 

statutory requirement that providers of 

interconnected voice over Internet 

Protocol (interconnected VoIP) service 

provide 911 and enhanced 911 (E911) 

service in full compliance with the 

Commission’s rules, Congress mandated 

that the Commission issue regulations 

in this time frame that, among other 


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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31861 

things, ensure that interconnected VoIP 

providers have access to any and all 

capabilities they need to satisfy that 

requirement. 

DATES: Effective October 5, 2009, except 

for § 9.7(a) which contains information 

collection requirements that are not 

effective until approved by the Office of 

Management and Budget (OMB). The 

Commission will publish a document in 

the Federal Register announcing the 

effective date of such requirements. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

Interested parties may submit PRA 

comments identified by OMB Control 

Number 3060–1085, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• E-mail: Parties who choose to file 

by e-mail should submit their comments 

to Tim.Stelzig@fcc.gov. Please include 

WC Docket Number 08–171 and FCC 

No. 08–249 in the subject line of the 

message. 

• Mail: Parties who choose to file by 

paper should submit their comments to 

Tim Stelzig, Federal Communications 

Commission, Room 5–C261, 445 12th 

Street, SW., Washington, DC 20554. 

In addition to filing comments with 

the Office of the Secretary, a copy of any 

comments on the Paperwork Reduction 

Act information collection requirements 

contained herein should be submitted to 

Judith B. Herman, Federal 

Communications Commission, Room 1– 

B441, 445 12th Street, SW., Washington, 

DC 20554, or via the Internet to 

PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: Tim 

Stelzig, Competition Policy Division, 

Wireline Competition Bureau, at (202) 

418–0942. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, contact 

Judith B. Herman at (202) 418–0214, or 

via the Internet at JudithB.Herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order) in WC Docket No. 

08–171, FCC 08–249, adopted and 

released October 21, 2008. The complete 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC, 20554. This document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863–2893, facsimile 

(202) 863–2898, or via e-mail at http:// 

www.bcpiweb.com. It is also available 

on the Commission’s Web site at 

http://www.fcc.gov. 

Final Paperwork Reduction Act of 1995 

Analysis 

This document contains new 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public to 

comment on the information collection 

requirements contained in this Order as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13. In 

addition, the Commission notes that 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we previously sought specific comment 

on how the Commission might ‘‘further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees.’’ 

In this present document, we have 

assessed the effects of the rules 

implementing the Net 911 Improvement 

Act of 2008, and find the rules adopted 

are warranted. The reasons for this 

conclusion are explained in more detail 

below. 

Report to Congress: On January 27, 

2009, the Commission sent a copy of the 

Order, including this FRFA, in a report 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). In addition, the 

Commission will send a copy of the 

Order, including this FRFA, to the Chief 

Counsel for Advocacy of the SBA. [A 

copy of this present summarized Order 

and FRFA is also hereby published in 

the Federal Register.] 

Synopsis of the Order 

1. Background. The Commission 

released a notice of proposed 

rulemaking on August 25, 2008, seeking 

comment regarding the specific duties 

imposed by the NET 911 Act and the 

regulations that the Commission is 

required to adopt. See 73 FR 50741 

(Aug. 28, 2008). The Commission sought 

comment, for example, on what 911 and 

E911 capabilities must be made 

available to interconnected VoIP 

providers, and how such capabilities 

could be made available on the same 

rates, terms, and conditions afforded to 

wireless providers. The Commission 

also sought comment on what technical, 

network security, or information privacy 

requirements regarding 911 and E911 

calls are specific to interconnected VoIP 

service. 

2. Discussion. In the Order, the 

Commission turned first to its obligation 

under section 6(c)(1) of the Wireless 911 

Act to issue regulations ensuring that 

interconnected VoIP providers can 

exercise their rights of access to any and 

all ‘‘capabilities’’ they need to be able to 

provide 911 and E911 service in full 

compliance with the Commission’s 

rules from ‘‘an entity with ownership or 

control over such capabilities.’’ 

Congress did not define key terms of 

these provisions, such as the 

‘‘capabilities’’ to which interconnected 

VoIP providers have a right of access, or 

an ‘‘entity’’ with ownership or control 

over capabilities, but left the elucidation 

of these terms to the Commission. The 

Commission interpreted these terms, 

examining the statutory language itself, 

its legislative history, and the record. 

The Commission next discussed the 

‘‘rates, terms and conditions’’ that apply 

to that access. It then imposed certain 

security requirements to protect the 

integrity of the 911 system. 

3. Access to E911 Capabilities. Need 

for Rules in General. The Order first 

discussed the scope of the 

Commission’s obligation to ‘‘issue 

regulations implementing the [NET 911] 

Act, including regulations that * * * 

ensure that IP-enabled voice service 

providers have the ability to exercise 

their rights [to access].’’ The 

Commission concluded that having 

rules establishing standards for access to 

capabilities best fulfills the 

Commission’s obligations and the goals 

of the NET 911 Act. Congress clearly 

intended for the Commission to 

implement regulations more specific 

than the statutory language itself. In 

section 6(c), Congress specifically 

directed the Commission to conduct this 

rulemaking to assure interconnected 

VoIP providers’ rights under section 

(6)(b), taking into account specific 

factors, such as ‘‘any technical, network 

security, or information privacy 

requirements that are specific to IPenabled voice services.’’ If Congress had 

not intended the Commission to 

implement rules more detailed than the 

statute itself, it would not have 

instructed the Commission to take 

certain things into account; it would 

have left the statutory language as 

sufficient and self-effectuating. The 

Commission therefore disagreed with 

commenters who suggested that no 

specific rules are needed, or that any 

rules can simply parrot the statutory 

language. 


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4. The Commission also declined to 

issue highly detailed rules listing 

capabilities or entities with ownership 

or control of those capabilities. As 

recognized above and explained further 

in the Order, the nation’s 911 system 

varies from locality to locality, and 

overly specific rules would fail to reflect 

these local variations. Furthermore, as 

Congress recognized, the nation’s 911 

system is evolving from its origins in the 

circuit-switched world into an IP-based 

network. The Commission stated that its 

rules should be sufficiently flexible to 

accommodate this ongoing process. 

Indeed, Congress specifically prohibited 

the Commission from ‘‘issu[ing] 

regulations that require or impose a 

specific technology or technological 

standard,’’ which specific, invariable 

rules could do. The Commission 

therefore adopted rules that establish 

standards for determining to what 

capabilities interconnected VoIP 

providers have a right of access and 

from which entities, and explained in 

the Order what capabilities and entities 

would typically (but not necessarily) be 

encompassed in today’s architecture. 

5. Standard for Right of Access to 

Capabilities. Consistent with the 

approach just described, the 

Commission adopted rules establishing 

a standard for determining to what 

capabilities interconnected VoIP 

providers have a right of access, and 

also providing examples of the 

capabilities that will typically be 

required in most local 911 and E911 

architectures. In later parts of the Order, 

the Commission explained that 

capabilities may only be used for the 

provision of 911 and E911 service. 

6. The analysis in the Order begins 

first with the statutory language. While 

the statute does not define the term 

‘‘capabilities,’’ it does provide that 

interconnected VoIP providers have a 

right of access to capabilities on the 

same ‘‘rates, terms, and conditions that 

are provided to a provider of 

commercial mobile service.’’ Pursuant 

to its authority under the NET 911 Act, 

the Commission issued rules to grant 

interconnected VoIP providers a right of 

access to the capabilities commercial 

mobile radio service (CMRS) providers 

use to provide E911 service equal to the 

access rights made available to CMRS 

providers. Congress clearly recognized a 

commonality between the capabilities 

needed by interconnected VoIP 

providers and those already used by 

CMRS providers. Indeed, if an owner or 

controller of a capability used to 

provide E911 service made it available 

to a CMRS provider at a certain rate but 

refused to grant interconnected VoIP 

providers access to that same capability, 

that interconnected VoIP provider 

would not ‘‘have a right of access to 

such capabilities * * * to provide 

[E911] service on the same rates, terms, 

and conditions that are provided to a 

provider of [CMRS].’’ The Commission 

also found support for this position in 

the context in which this legislation was 

enacted. As explained above, the 

capabilities used by interconnected 

VoIP providers—particularly those 

providing a nomadic or mobile 

service—to provide E911 service are 

similar to those used by CMRS 

providers; interpreting the statute to 

mean that interconnected VoIP 

providers have a right of access to those 

capabilities used by CMRS providers 

furthers Congress’s goal of ‘‘ensur[ing] 

that consumers using Voice over 

Internet Protocol (VoIP) service can 

access enhanced 911 (E–911) emergency 

services by giving VoIP providers access 

to the emergency services 

infrastructure.’’ 

7. Second, with respect to any 

capabilities that are not provided to 

CMRS providers for their provision of 

E911 service, the Commission 

interpreted the NET 911 Act as granting 

interconnected VoIP providers a right of 

access if the capability is necessary for 

the interconnected VoIP provider to 

provide E911 service in compliance 

with the Commission’s rules. For 

reasons similar to those outlined in the 

previous paragraph, the Commission 

stated the Commission’s belief that the 

right of an interconnected VoIP provider 

to certain rates, terms, and conditions 

necessarily includes a right of access to 

such capability. Section 6(c)(1)(C) of the 

Wireless 911 Act provides that ‘‘with 

respect to any capabilities that are not 

required to be made available to a 

[CMRS] provider but that the 

Commission determines * * * are 

necessary for an [interconnected VoIP] 

provider to comply with its obligations 

[to provide E911 service in accordance 

with the Commission’s rules], that such 

capabilities shall be available at the 

same rates, terms, and conditions as 

would apply if such capabilities were 

made available to a [CMRS] provider.’’ 

The Commission also found that this 

text limits interconnected VoIP 

providers’ right of access to such 

capabilities to those that are necessary 

to provide E911 service in compliance 

with the Commission’s rules. 

8. Third, regardless whether a 

capability is used by a CMRS provider 

or not, for any capability an 

interconnected VoIP provider gets 

pursuant to rights granted in the NET 

911 Act and the Commission’s 

implementing rules, the Order stated 

that such capability may be used by that 

provider only for the purpose of 

providing E911 service in accordance 

with the Commission’s rules. The NET 

911 Act explicitly mandates this limit 

on interconnected VoIP providers’ 

statutory access rights with respect to 

capabilities CMRS providers use to 

provide E911 service. The Commission 

recognized that the statute does not 

expressly contain a similar limitation in 

section 6(c)(1)(C), which grants 

interconnected VoIP providers a right to 

access the capabilities they need to 

provide E911 service even if they are 

not capabilities CMRS providers use to 

provide E911 service. Nevertheless, the 

Commission’s interpretation of the NET 

911 Act is informed by the legislative 

history as well as Congress’s 

overarching purpose in enacting the 

provisions at issue here. Both with 

respect to capabilities that are used by 

CMRS providers and those that are not, 

the NET 911 Act is clear that its purpose 

is to facilitate interconnected VoIP 

providers’ ability to provide E911 

service in compliance with the 

Commission’s rules, without granting 

access rights to additional capabilities. 

This overarching purpose indicates that 

Congress intended that any capabilities 

to which access is gained pursuant to 

the NET 911 Act may be used 

exclusively for the purpose of providing 

E911 service. In addition, the record 

indicates that CMRS providers use most 

of the capabilities interconnected VoIP 

providers need to provide E911 service. 

The Commission did not find any 

reason to believe that Congress would 

have granted interconnected VoIP 

providers more expansive rights with 

respect to the relatively small subset of 

capabilities that are not used by CMRS 

providers to provide E911 service than 

those capabilities that are. Therefore, 

the Commission stated it is reasonable 

to require that interconnected VoIP 

providers use all capabilities that they 

obtain pursuant to the NET 911 Act and 

this Order exclusively for the provision 

of E911 service in compliance with the 

Commission’s rules. 

9. Typical Capabilities. The record 

reflects general consensus as to what 

capabilities are used by CMRS providers 

today and what capabilities are not used 

by CMRS providers but are ‘‘necessary’’ 

for interconnected VoIP providers to 

comply with the Commission’s rules. As 

AT&T explains, CMRS providers have 

been offering E911 services for many 

years and even interconnected VoIP 

providers have been providing such 

services since 2005. The Commission 

therefore interpreted ‘‘capabilities’’ to 

include all those items described in part 

II of the Order that are used by wireless 


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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31863 

providers today or that are not used by 

wireless providers but are necessary to 

interconnected VoIP providers’ 

compliance with the Commission’s 

rules. Thus, in a typical local 

architecture, ‘‘capabilities’’ will include: 

the Selective Router; the trunk line(s) 

between the Selective Router and the 

PSAP(s); the Automatic Location 

Information Database (ALI Database); 

the Selective Router Database (SR 

Database); the Database Management 

System (DBMS), the Master Street 

Address Guide (MSAG); pseudo-ANIs 

(p-ANIs); Emergency Service Numbers 

(ESNs); mobile switching center 

capabilities; mobile positioning center 

capabilities; shell records; the data 

circuits connecting these elements; and 

the network elements, features, 

processes, and agreements necessary to 

enable the use of these elements. 

10. Entities with Ownership or Control 

of Capabilities. The Commission 

concluded that interconnected VoIP 

providers are entitled to access to 

capabilities from any entity that owns or 

controls such capabilities. Again, it 

found this interpretation to be the most 

natural reading of the statutory 

language. Section 6(b) grants 

interconnected VoIP providers a right to 

access ‘‘such capabilities,’’ with ‘‘such’’ 

referring back to the ‘‘capabilities [an 

interconnected VoIP seeks] to provide 

9–1–1 and enhanced 9–1–1 service from 

an entity with ownership or control over 

such capabilities.’’ Congress’s use of the 

term ‘‘an entity’’ instead of ‘‘the entity’’ 

strongly suggests that Congress 

understood that capabilities might be 

available from multiple sources and 

intended a broad interpretation of the 

scope of ‘‘entities’’ obligated to provide 

access to capabilities. The Commission 

therefore interpreted the NET 911 Act to 

impose obligations of access on each of 

the entities described in Part II.D of the 

Order, including in typical E911 

architectures: incumbent LECs, PSAPs 

and local authorities, VoIP Positioning 

Centers (VPCs), CMRS providers, 

competitive carriers, and the Interim 

RNA to the extent any of these entities 

has ‘‘ownership or control’’ over any 

capabilities to which interconnected 

VoIP providers have a right of access. 

11. The Commission recognized that 

in some instances, multiple entities may 

have ownership or control of similar 

capabilities in the same local area. It 

saw nothing in the NET 911 Act to 

suggest that only certain of those 

entities would have the obligation to 

provide access. Indeed, if some but not 

all entities had that obligation, disputes 

would certainly arise over which 

entities were subject to the Act, causing 

delays in granting interconnected VoIP 

providers access and thwarting 

Congress’s ultimate goal of ‘‘facilitating 

the rapid deployment of IP-enabled 911 

and E911 services.’’ Finally, the 

Commission recognize that it does not 

normally regulate some of the entities it 

described in this part of the Order, such 

as PSAPs and VPCs. Yet Congress has 

imposed a duty on them and instructed 

the Commission to issue regulations to 

‘‘ensure that IP-enabled voice service 

providers have the ability to exercise 

their rights under subsection (b).’’ As 

Congress has instructed the Commission 

to take these actions, it has also given 

the Commission the authority it needs 

to do so. 

12. Rates, Terms, and Conditions. The 

NET 911 Act also mandates that the 

rates, terms, and conditions under 

which access to 911 and E911 

capabilities is provided are to be the 

same as made available to CMRS 

providers. Under the rules the 

Commission issued in the Order, 

interconnected VoIP providers may 

exercise these rights to fulfill their 

obligation to provide 911 and E911 in 

full compliance with the Commission’s 

rules. 

13. As a threshold matter, the 

Commission found that issuing rules of 

general applicability regarding rates, 

terms, and conditions best fulfills the 

goals of the NET 911 Act. The rules 

adopted in the Order are specific 

enough to bring market certainty and 

clear direction while also being flexible 

enough to ensure that Congress’s aims 

are met in a wide variety of 

circumstances. Contrary to the approach 

advocated by some commenters, the 

Commission found no indication that 

Congress intended the Commission to 

issue detailed regulations regarding the 

pricing methodology under which E911 

capabilities must be made available. 

Instead, the Commission found it 

sufficient to specify that those rates, 

terms, and conditions must in all 

instances be reasonable. One indicia of 

reasonableness will be whether the 

rates, terms, and conditions under 

which E911 capabilities are made 

available to interconnected VoIP 

providers are the same as the rates, 

terms, and conditions made available to 

CMRS providers. 

14. First, the Commission considered 

the case where a capability is in fact 

provided to CMRS carriers, such that 

the owner or controller of that capability 

must grant interconnected VoIP 

providers access to that capability. In 

that case, the statute is clear on its face 

that the capability must be made 

available ‘‘on the same rates, terms, and 

conditions that are provided to’’ a 

CMRS provider. The Commission 

interpreted the term ‘‘provided’’ as used 

in this provision as encompassing not 

only those capabilities that are actually 

provisioned to a CMRS provider as well 

as the rates, terms, and conditions under 

which they are provisioned, but also 

those capabilities that are currently 

offered to a CMRS provider as well as 

the rates, terms, and conditions under 

which they are offered. The Commission 

interpreted ‘‘provided’’ broadly to 

ensure that interconnected VoIP 

providers are able to access the same 

capabilities that CMRS providers may 

access on the same rates, terms, and 

conditions that are available to CMRS 

providers. 

15. In addition, if an owner or 

controller of a capability does not 

provide a capability to CMRS providers 

but is required to grant interconnected 

VoIP providers access to such capability 

under the rules described in Part III.A 

of the Order, such access must be 

provided on the rates, terms, and 

conditions that would be offered to a 

CMRS provider. The Commission did 

not believe that Congress intended for it, 

within the 90-day timeframe the 

Commission was given to adopt rules 

implementing the NET 911 Act, to 

conduct detailed pricing proceedings to 

determine, for each such capability 

offered by each type of provider in 

various localities around the country, 

what the exact price for each capability 

would be if it were offered to CMRS 

providers. Congress clearly did intend, 

however, for the Commission to provide 

guidance as to how the rates, terms, and 

conditions for these capabilities should 

be determined. To further that intent, 

minimize disputes over these rates, 

terms, and conditions, and help achieve 

Congress’s ultimate goal ‘‘[t]o promote 

and enhance public safety by facilitating 

the rapid deployment of IP-enabled 911 

and E911 services,’’ the Commission 

provided further guidance. Specifically, 

if an owner or controller does not 

provide a capability to CMRS providers 

but is required to give interconnected 

VoIP providers access to such capability 

under the rules described in Part III.A 

of the Order, such access must be made 

available on the same rates, terms, and 

conditions that are offered to other 

telecommunications carriers or any 

other entities. The Commission stated 

that such rates, terms, and conditions 

are a reasonable proxy for the rates, 

terms and conditions that would be 

provided to a CMRS provider. To the 

extent an owner or controller of a 

capability used to provide E911 service 

provides a single capability to more 

than one CMRS provider or other entity, 

an interconnected VoIP provider that 


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31864 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

requests access to such capability is 

entitled to the rates, terms and 

conditions provided to any such single 

other provider. 

16. If an owner or controller of a 

capability required to be made available 

does not currently make that capability 

available to any other entities, the rates, 

terms and conditions under which that 

owner or controller must provide access 

to a requesting interconnected VoIP 

provider must be reasonable, and 

should be reached through commercial 

negotiation. Given the industry’s track 

record in working diligently and on an 

accelerated time table to implement the 

VoIP 911 Order and the importance all 

industry participants attach to having a 

reliable and effective 911 and E911 

network, the Commission stated that the 

capability owner or controller and the 

interconnected VoIP provider will be 

able to expeditiously negotiate 

reasonable rates, terms, and conditions 

for that capability. The Commission 

clarified that in granting interconnected 

VoIP providers new contractual rights, it 

did not abrogate any existing 

commercial agreements that 

interconnected VoIP providers may 

already have reached for access to 

capabilities for the provision of E911 

service. Finally, the Commission 

emphasized that all rights to capabilities 

that the NET 911 Act grants to an 

interconnected VoIP provider are ‘‘for 

the exclusive purpose of complying 

with * * * its obligations under 

subsection (a) [i.e. the Commission’s 

existing E911 rules].’’ The NET 911 Act 

does not grant, and the Commission’s 

rules do not grant, access to capabilities 

beyond what interconnected VoIP 

providers need to provide 911 and 

E911 service, nor does the statute or the 

Commission’s rules grant access to 

capabilities for any purpose other than 

compliance with the Commission’s 911 

and E911 rules. 

17. Technical, Network Security, and 

Information Privacy Requirements. To 

protect the security and reliability of the 

E911 network, interconnected VoIP 

providers may obtain access to E911 

capabilities only in compliance with the 

specific criteria set forth below. The 

safety of our nation’s citizens vitally 

depends upon protecting the emergency 

services network from security threats. 

In the Order, as required by the NET 911 

Act, the Commission granted 

interconnected VoIP providers access to 

E911 capabilities. Expanding the range 

of entities that have access to the E911 

network raises new challenges. As 

NENA has said, VoIP technology 

‘‘presents new challenges and security 

issues [for 911 service] as it breaks the 

bond between access and service 

provider characteristics of legacy 

networks and at this time lacks the 

legislative and regulatory requirements 

that apply to more conventional 

telephone services.’’ 

18. Although Congress has granted 

interconnected VoIP providers 

additional rights to access E911 

capabilities, in most cases, the 

Commission did not anticipate 

significant deviation from current 

practices. Commenters agree that 

interconnected VoIP providers today are 

successfully using numbering partners 

and other 911 service providers to 

deliver E911 calls to the appropriate 

PSAP. For example, Vonage reports that 

for ‘‘98.45% of its customers, Vonage 

[currently] provides the full suite of 

E911 service’’ pursuant to NENA’s 

standard and is in the process of 

obtaining the capabilities it needs to 

provide E911 service for most of the 

remainder of its customers. 

19. NENA has developed national 

VoIP E911 requirements, referred to as 

NENA’s i2 standard, that are ‘‘designed 

to ensure that VoIP 9–1–1 calls are 

routed and presented in a wireline 

equivalent manner.’’ The Commission 

stated that any interconnected VoIP 

provider that is in compliance with this 

standard already is coordinating its 

efforts with the other organizational 

entities responsible for providing E911 

service. 

20. The Commission required 

interconnected VoIP providers to 

comply with all applicable industry 

network security standards to the same 

extent as traditional 

telecommunications carriers when they 

access capabilities traditionally used by 

carriers. The Commission recognized 

the security of the nation’s emergency 

services network depends on many 

interlocking measures that collectively 

preserve the integrity of the 911 system 

from unauthorized access and use. For 

instance, in addition to the security 

concerns discussed above, the network 

elements used to provide 911 service 

must be kept physically secure. The 

E911 network must also be kept secure 

against unauthorized electronic access, 

such as through hacking. NENA reports 

that ‘‘[t]he existing Emergency services 

network provides a relatively high 

degree of security for correctness of 

information, integrity, and authorization 

of access, authenticity/secrecy, and 

accuracy of information.’’ By requiring 

interconnected VoIP providers to 

comply with the same standards as 

carriers, the Commission was able to 

expand access to the E911 system 

without compromising network 

security. 

21. Finally, the Commission’s rules 

contemplate that incumbent LECs and 

other owners or controllers of 911 or 

E911 infrastructure will acquire 

information regarding interconnected 

VoIP providers and their customers for 

use in the provision of emergency 

services. The Commission stated it fully 

expects that these entities will use this 

information only for the provision of 

E911 service. The Commission further 

clarified that no entity may use 

customer information obtained as a 

result of the provision of 911 or E911 

services for marketing purposes. 

Final Regulatory Flexibility Analysis 

1. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

NET 911 Notice in WC Docket 08–171. 

See 73 FR 50741 (Aug. 28, 2008). The 

Commission sought written public 

comment on the proposals in the Net 

911 Notice, including comment on the 

IRFA. The Commission received no 

comments on the IRFA. This Final 

Regulatory Flexibility Analysis (FRFA) 

conforms to the RFA. 

A. Need for, and Objectives of, the Rules 

2. In the Report and Order (Order), the 

Commission adopted rules 

implementing certain key provisions of 

the New and Emerging Technologies 

911 Improvement Act of 2008 (NET 911 

Act). The NET 911 Act, signed into law 

on July 23, 2008, is designed to 

‘‘promote and enhance public safety by 

facilitating the rapid deployment of IPenabled 911 and E911 services, 

encourage the Nation’s transition to a 

national IP-enabled emergency network, 

and improve 911 and enhanced 911 

(E911) access to those with disabilities.’’ 

Congress directed the Commission to 

issue rules implementing certain key 

provisions of the NET 911 Act no later 

than October 21, 2008. In particular, to 

effectuate the requirement that 

providers of interconnected voice over 

Internet Protocol (interconnected VoIP) 

service provide 911 and enhanced 911 

(E911) service without exception, 

Congress mandated that the 

Commission issue regulations in this 

time frame that, among other things, 

ensure that interconnected VoIP 

providers have access to any capabilities 

they need to satisfy that requirement. In 

the Order, the Commission fulfilled that 

duty and took steps to ensure that 

interconnected VoIP providers will use 

the capabilities they gain as a result of 

the Order to provide 911 and E911 in 

complete accord with the Commission’s 

rules. 


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3. Specifically, in the Order the 

Commission issued rules that give 

interconnected VoIP providers rights of 

access to any and all capabilities 

necessary to provide E911 from any 

entity that owns or controls those 

capabilities. The Commission establish 

a standard to determine the rates, terms, 

and conditions that will apply to that 

access and also restrict interconnected 

VoIP provider’s access to capabilities for 

the sole purpose of providing 911 or 

E911 service. Finally, interconnected 

VoIP providers must comply with all 

applicable industry network security 

standards to the same extent as 

traditional telecommunications carriers 

when they access capabilities 

traditionally used by carriers. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

4. No comments were submitted 

specifically in response to the IRFA. 

C. Description and Estimate of the 

Number of Small Entities to Which 

Rules Will Apply 

5. 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 rules adopted herein. 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. 

6. Small Businesses. Nationwide, 

there are a total of approximately 22.4 

million small businesses according to 

SBA data. 

7. Small Organizations. Nationwide, 

there are approximately 1.6 million 

small organizations. 

8. Small Governmental Jurisdictions. 

The term ‘‘small governmental 

jurisdiction’’ is defined generally as 

‘‘governments of cities, towns, 

townships, villages, school districts, or 

special districts, with a population of 

less than fifty thousand.’’ Census 

Bureau data for 2002 indicate that there 

were 87,525 local governmental 

jurisdictions in the United States. We 

estimate that, of this total, 84,377 

entities were ‘‘small governmental 

jurisdictions.’’ Thus, we estimate that 

most governmental jurisdictions are 

small. 

1. Telecommunications Service Entities 

9. Wireline Carriers and Service 

Providers. We have included small 

incumbent local exchange carriers 

(LECs) in this present RFA analysis. As 

noted above, a ‘‘small business’’ under 

the RFA is one that, inter alia, meets the 

pertinent small business size standard 

(e.g., a telephone communications 

business having 1,500 or fewer 

employees) and ‘‘is not dominant in its 

field of operation.’’ The SBA’s Office of 

Advocacy contends that, for RFA 

purposes, small incumbent LECs are not 

dominant in their field of operation 

because any such dominance is not 

‘‘national’’ in scope. We have therefore 

included small incumbent LECs in this 

RFA analysis, although we emphasize 

that this RFA action has no effect on 

Commission analyses and 

determinations in other, non-RFA 

contexts. 

10. Incumbent LECs. Neither the 

Commission nor the SBA has developed 

a small business size standard 

specifically for incumbent LECs. The 

appropriate size standard under SBA 

rules is for the category Wired 

Telecommunications Carriers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

According to Commission data, 1,311 

carriers have reported that they are 

engaged in the provision of incumbent 

local exchange services. Of these 1,311 

carriers, an estimated 1,024 have 1,500 

or fewer employees and 287 have more 

than 1,500 employees. Consequently, 

the Commission estimates that most 

providers of incumbent local exchange 

service are small businesses that may be 

affected by the Order. 

11. Competitive LECs, Competitive 

Access Providers (CAPs), ‘‘SharedTenant Service Providers,’’ and ‘‘Other 

Local Service Providers.’’ Neither the 

Commission nor the SBA has developed 

a small business size standard 

specifically for these service providers. 

The appropriate size standard under 

SBA rules is for the category Wired 

Telecommunications Carriers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

According to Commission data, 1,005 

carriers have reported that they are 

engaged in the provision of either 

competitive access provider services or 

competitive LEC services. Of these 1,005 

carriers, an estimated 918 have 1,500 or 

fewer employees and 87 have more than 

1,500 employees. In addition, 16 

carriers have reported that they are 

‘‘Shared-Tenant Service Providers,’’ and 

all 16 are estimated to have 1,500 or 

fewer employees. In addition, 89 

carriers have reported that they are 

‘‘Other Local Service Providers,’’ and all 

89 have 1,500 or fewer employees. 

Consequently, the Commission 

estimates that most providers of 

competitive local exchange service, 

competitive access providers, ‘‘SharedTenant Service Providers,’’ and ‘‘Other 

Local Service Providers’’ are small 

entities. 

12. Local Resellers. The SBA has 

developed a small business size 

standard for the category of 

Telecommunications Resellers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

According to Commission data, 151 

carriers have reported that they are 

engaged in the provision of local resale 

services. Of these, an estimated 149 

have 1,500 or fewer employees and two 

have more than 1,500 employees. 

Consequently, the Commission 

estimates that the majority of local 

resellers are small entities that may be 

affected by our action. 

13. Toll Resellers. The SBA has 

developed a small business size 

standard for the category of 

Telecommunications Resellers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

According to Commission data, 815 

carriers have reported that they are 

engaged in the provision of toll resale 

services. Of these, an estimated 787 

have 1,500 or fewer employees and 28 

have more than 1,500 employees. 

Consequently, the Commission 

estimates that the majority of toll 

resellers are small entities that may be 

affected by our action. 

14. Payphone Service Providers 

(PSPs). Neither the Commission nor the 

SBA has developed a small business 

size standard specifically for payphone 

services providers. The appropriate size 

standard under SBA rules is for the 

category Wired Telecommunications 

Carriers. Under that size standard, such 

a business is small if it has 1,500 or 

fewer employees. According to 

Commission data, 526 carriers have 

reported that they are engaged in the 

provision of payphone services. Of 

these, an estimated 524 have 1,500 or 

fewer employees and two have more 

than 1,500 employees. Consequently, 

the Commission estimates that the 

majority of payphone service providers 

are small entities that may be affected 

by our action. 

15. Interexchange Carriers (IXCs). 

Neither the Commission nor the SBA 

has developed a small business size 

standard specifically for providers of 

interexchange services. The appropriate 

size standard under SBA rules is for the 

category Wired Telecommunications 

Carriers. Under that size standard, such 


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a business is small if it has 1,500 or 

fewer employees. According to 

Commission data, 300 carriers have 

reported that they are engaged in the 

provision of interexchange service. Of 

these, an estimated 268 have 1,500 or 

fewer employees and 32 have more than 

1,500 employees. Consequently, the 

Commission estimates that the majority 

of IXCs are small entities that may be 

affected by our action. 

16. Operator Service Providers (OSPs). 

Neither the Commission nor the SBA 

has developed a small business size 

standard specifically for operator 

service providers. The appropriate size 

standard under SBA rules is for the 

category Wired Telecommunications 

Carriers. Under that size standard, such 

a business is small if it has 1,500 or 

fewer employees. According to 

Commission data, 28 carriers have 

reported that they are engaged in the 

provision of operator services. Of these, 

an estimated 27 have 1,500 or fewer 

employees and one has more than 1,500 

employees. Consequently, the 

Commission estimates that the majority 

of OSPs are small entities that may be 

affected by our action. 

17. Prepaid Calling Card Providers. 

Neither the Commission nor the SBA 

has developed a small business size 

standard specifically for prepaid calling 

card providers. The appropriate size 

standard under SBA rules is for the 

category Telecommunications Resellers. 

Under that size standard, such a 

business is small if it has 1,500 or fewer 

employees. According to Commission 

data, 88 carriers have reported that they 

are engaged in the provision of prepaid 

calling cards. Of these, 85 are estimated 

to have 1,500 or fewer employees and 

three have more than 1,500 employees. 

Consequently, the Commission 

estimates that all or the majority of 

prepaid calling card providers are small 

entities that may be affected by our 

action. 

18. 800 and 800-Like Service 

Subscribers. These toll-free services fall 

within the broad economic census 

category of Telecommunications 

Resellers. This category ‘‘comprises 

establishments engaged in purchasing 

access and network capacity from 

owners and operators of 

telecommunications networks and 

reselling wired and wireless 

telecommunications services (except 

satellite) to businesses and households. 

Establishments in this industry resell 

telecommunications; they do not 

operate transmission facilities and 

infrastructure.’’ The SBA has developed 

a small business size standard for this 

category, which is: all such firms having 

1,500 or fewer employees. Census 

Bureau data for 2002 show that there 

were 1,646 firms in this category that 

operated for the entire year. Of this 

total, 1,642 firms had employment of 

999 or fewer employees, and four firms 

had employment of 1,000 employees or 

more. Thus, the majority of these firms 

can be considered small. Additionally, 

it may be helpful to know the total 

numbers of telephone numbers assigned 

in these services. Commission data 

show that, as of December 2007, the 

total number of 800 numbers assigned 

was 7,860,000, the total number of 888 

numbers assigned was 5,210,184, the 

total number of 877 numbers assigned 

was 4,388,682, and the total number of 

866 numbers assigned was 7,029,116. 

19. International Service Providers. 

The Commission has not developed a 

small business size standard specifically 

for providers of international service. 

The appropriate size standards under 

SBA rules are for the two broad census 

categories of ‘‘Satellite 

Telecommunications’’ and ‘‘All Other 

Telecommunications.’’ 

20. The first category of Satellite 

Telecommunications ‘‘comprises 

establishments primarily engaged in 

providing point-to-point 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ For this category, 

a business is small if it has $15.0 

million or less in average annual 

receipts. Census Bureau data for 2002 

show that there were a total of 371 firms 

under this category that operated for the 

entire year. Of this total, 307 firms had 

annual receipts of under $10 million, 

and 26 firms had receipts of $10 million 

to $24,999,999. Consequently, we 

estimate that the majority of Satellite 

Telecommunications firms are small 

entities that might be affected by our 

action. 

21. The second category of All Other 

Telecommunications ‘‘comprises 

establishments primarily engaged in (1) 

providing specialized 

telecommunications applications, such 

as satellite tracking, communications 

telemetry, and radar station operations; 

or (2) providing satellite terminal 

stations and associated facilities 

operationally connected with one or 

more terrestrial communications 

systems and capable of transmitting 

telecommunications to or receiving 

telecommunications from satellite 

systems.’’ For this category, a business 

is small if it has $25.0 million or less in 

average annual receipts. Census Bureau 

data for 2002 show that for this category 

there were a total of 332 firms that 

operated for the entire year. Of this 

total, 259 firms had annual receipts of 

under $10 million and 15 firms had 

annual receipts of $10 million to 

$24,999,999. Consequently, we estimate 

that the majority of All Other 

Telecommunications firms are small 

entities that might be affected by our 

action. 

22. Wireless Telecommunications 

Service Providers. Below, for those 

services subject to auctions, we note 

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. Also, the Commission does not 

generally track subsequent business size 

unless, in the context of assignments or 

transfers, unjust enrichment issues are 

implicated. 

23. Wireless Telecommunications 

Carriers (except Satellite). The SBA has 

developed a small business size 

standard for wireless firms under the 

broad category of ‘‘Wireless 

Telecommunications Carriers (except 

Satellite).’’ Under this category, a 

wireless business is small if it has 1,500 

or fewer employees. Because the data 

currently available were gathered under 

previous NAICS codes, the discussion 

in the remainder of this section tracks 

these formerly used categories. 

24. Under its prior categories, the SBA 

categorized wireless firms within the 

two broad economic census categories 

of ‘‘Paging’’ and ‘‘Cellular and Other 

Wireless Telecommunications.’’ For the 

former census category of Paging, 

Census Bureau data for 2002 show that 

there were 807 firms in this category 

that operated for the entire year. Of this 

total, 804 firms had employment of 999 

or fewer employees, and three firms had 

employment of 1,000 employees or 

more. Thus, under this category and 

associated small business size standard, 

the majority of firms can be considered 

small. For the former census category of 

Cellular and Other Wireless 

Telecommunications, Census Bureau 

data for 2002 show that there were 1,397 

firms in this category that operated for 

the entire year. Of this total, 1,378 firms 

had employment of 999 or fewer 

employees, and 19 firms had 

employment of 1,000 employees or 

more. Thus, under this second category 

and size standard, the majority of firms 

can, again, be considered small. 

25. Cellular Licensees. The SBA has 

developed a small business size 

standard for wireless firms within the 

broad economic census category 

‘‘Cellular and Other Wireless 

Telecommunications.’’ Under this SBA 


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category, a wireless business is small if 

it has 1,500 or fewer employees. For the 

census category of Cellular and Other 

Wireless Telecommunications, Census 

Bureau data for 2002 show that there 

were 1,397 firms in this category that 

operated for the entire year. Of this 

total, 1,378 firms had employment of 

999 or fewer employees, and 19 firms 

had employment of 1,000 employees or 

more. Thus, under this category and size 

standard, the majority of firms can be 

considered small. Also, according to 

Commission data, 434 carriers reported 

that they were engaged in the provision 

of cellular service, Personal 

Communications Service (PCS), or 

Specialized Mobile Radio (SMR) 

Telephony services, which are placed 

together in the data. We have estimated 

that 222 of these are small under the 

SBA small business size standard. 

26. Paging. The SBA has developed a 

small business size standard for the 

broad economic census category of 

‘‘Paging.’’ Under this category, the SBA 

deems a wireless business to be small if 

it has 1,500 or fewer employees. Census 

Bureau data for 2002 show that there 

were 807 firms in this category that 

operated for the entire year. Of this 

total, 804 firms had employment of 999 

or fewer employees, and three firms had 

employment of 1,000 employees or 

more. In addition, according to 

Commission data, 281 carriers have 

reported that they are engaged in the 

provision of ‘‘Paging and Messaging 

Service.’’ Of this total, we estimate that 

279 have 1,500 or fewer employees, and 

two have more than 1,500 employees. 

Thus, in this category the majority of 

firms can be considered small. 

27. We also note that, in the Paging 

Second Report and Order, the 

Commission adopted a size standard for 

‘‘small businesses’’ for purposes of 

determining their eligibility for special 

provisions such as bidding credits and 

installment payments. In this context, a 

small business is an entity that, together 

with its affiliates and controlling 

principals, has average gross revenues 

not exceeding $15 million for the 

preceding three years. The SBA has 

approved this definition. An auction of 

Metropolitan Economic Area (MEA) 

licenses commenced on February 24, 

2000, and closed on March 2, 2000. Of 

the 2,499 licenses auctioned, 985 were 

sold. Fifty-seven companies claiming 

small business status won 440 licenses. 

An auction of MEA and Economic Area 

(EA) licenses commenced on October 

30, 2001, and closed on December 5, 

2001. Of the 15,514 licenses auctioned, 

5,323 were sold. One hundred thirtytwo companies claiming small business 

status purchased 3,724 licenses. A third 

auction, consisting of 8,874 licenses in 

each of 175 EAs and 1,328 licenses in 

all but three of the 51 MEAs 

commenced on May 13, 2003, and 

closed on May 28, 2003. Seventy-seven 

bidders claiming small or very small 

business status won 2,093 licenses. We 

also note that, currently, there are 

approximately 74,000 Common Carrier 

Paging licenses. 

28. Wireless Communications 

Services. This service can be used for 

fixed, mobile, radiolocation, and digital 

audio broadcasting satellite uses. The 

Commission established small business 

size standards for the wireless 

communications services (WCS) 

auction. A ‘‘small business’’ is an entity 

with average gross revenues of $40 

million or less for each of the three 

preceding years, and a ‘‘very small 

business’’ is an entity with average gross 

revenues of $15 million or less for each 

of the three preceding years. The SBA 

has approved these small business size 

standards. The Commission auctioned 

geographic area licenses in the WCS 

service. In the auction, there were seven 

winning bidders that qualified as ‘‘very 

small business’’ entities, and one that 

qualified as a ‘‘small business’’ entity. 

29. Wireless Telephony. Wireless 

telephony includes cellular, personal 

communications services (PCS), and 

specialized mobile radio (SMR) 

telephony carriers. As noted earlier, the 

SBA has developed a small business 

size standard for ‘‘Cellular and Other 

Wireless Telecommunications’’ services. 

Under that SBA small business size 

standard, a business is small if it has 

1,500 or fewer employees. According to 

Commission data, 434 carriers reported 

that they were engaged in the provision 

of wireless telephony. We have 

estimated that 222 of these are small 

under the SBA small business size 

standard. 

30. Broadband Personal 

Communications Service. The 

broadband Personal Communications 

Service (PCS) spectrum is divided into 

six frequency blocks designated A 

through F, and the Commission has held 

auctions for each block. The 

Commission defined ‘‘small entity’’ for 

Blocks C and F as an entity that has 

average gross revenues of $40 million or 

less in the three previous calendar 

years. For Block F, an additional 

classification for ‘‘very small business’’ 

was added and is defined as an entity 

that, together with its affiliates, has 

average gross revenues of not more than 

$15 million for the preceding three 

calendar years. These standards 

defining ‘‘small entity’’ in the context of 

broadband PCS auctions have been 

approved by the SBA. No small 

businesses, within the SBA-approved 

small business size standards bid 

successfully for licenses in Blocks A 

and B. There were 90 winning bidders 

that qualified as small entities in the 

Block C auctions. A total of 93 small 

and very small business bidders won 

approximately 40 percent of the 1,479 

licenses for Blocks D, E, and F. On 

March 23, 1999, the Commission reauctioned 347 C, D, E, and F Block 

licenses. There were 48 small business 

winning bidders. On January 26, 2001, 

the Commission completed the auction 

of 422 C and F Broadband PCS licenses 

in Auction No. 35. Of the 35 winning 

bidders in this auction, 29 qualified as 

‘‘small’’ or ‘‘very small’’ businesses. 

Subsequent events, concerning Auction 

35, including judicial and agency 

determinations, resulted in a total of 163 

C and F Block licenses being available 

for grant. 

31. Narrowband Personal 

Communications Services. The 

Commission held an auction for 

Narrowband PCS licenses that 

commenced on July 25, 1994, and 

closed on July 29, 1994. A second 

auction commenced on October 26, 

1994 and closed on November 8, 1994. 

For purposes of the first two 

Narrowband PCS auctions, ‘‘small 

businesses’’ were entities with average 

gross revenues for the prior three 

calendar years of $40 million or less. 

Through these auctions, the 

Commission awarded a total of 41 

licenses, 11 of which were obtained by 

four small businesses. To ensure 

meaningful participation by small 

business entities in future auctions, the 

Commission adopted a two-tiered small 

business size standard in the 

Narrowband PCS Second Report and 

Order. A ‘‘small business’’ is 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 an entity that, 

together with affiliates and controlling 

interests, has average gross revenues for 

the three preceding years of not more 

than $15 million. The SBA has 

approved these small business size 

standards. A third auction commenced 

on October 3, 2001 and closed on 

October 16, 2001. Here, five bidders 

won 317 (Metropolitan Trading Areas 

and nationwide) licenses. Three of these 

claimed status as a small or very small 

entity and won 311 licenses. 

32. 220 MHz Radio Service—Phase I 

Licensees. The 220 MHz service has 

both Phase I and Phase II licenses. Phase 

I licensing was conducted by lotteries in 

1992 and 1993. There are approximately 

1,515 such non-nationwide licensees 


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and four nationwide licensees currently 

authorized to operate in the 220 MHz 

band. The Commission has not 

developed a small business size 

standard for small entities specifically 

applicable to such incumbent 220 MHz 

Phase I licensees. To estimate the 

number of such licensees that are small 

businesses, we apply the small business 

size standard under the SBA rules 

applicable to ‘‘Cellular and Other 

Wireless Telecommunications’’ 

companies. This category provides that 

a small business is a wireless company 

employing no more than 1,500 persons. 

For the census category Cellular and 

Other Wireless Telecommunications, 

Census Bureau data for 1997 show that 

there were 977 firms in this category, 

total, that operated for the entire year. 

Of this total, 965 firms had employment 

of 999 or fewer employees, and an 

additional 12 firms had employment of 

1,000 employees or more. Thus, under 

this second category and size standard, 

the majority of firms can, again, be 

considered small. Assuming this general 

ratio continues in the context of Phase 

I 220 MHz licensees, the Commission 

estimates that nearly all such licensees 

are small businesses under the SBA’s 

small business size standard. In 

addition, limited preliminary census 

data for 2002 indicate that the total 

number of cellular and other wireless 

telecommunications carriers increased 

approximately 321 percent from 1997 to 

2002. 

33. 220 MHz Radio Service—Phase II 

Licensees. The 220 MHz service has 

both Phase I and Phase II licenses. The 

Phase II 220 MHz service is a new 

service and is subject to spectrum 

auctions. In the 220 MHz Third Report 

and Order, we adopted a small business 

size standard for ‘‘small’’ and ‘‘very 

small’’ businesses for purposes of 

determining their eligibility for special 

provisions such as bidding credits and 

installment payments. This small 

business size standard indicates that a 

‘‘small business’’ is an entity that, 

together with its affiliates and 

controlling principals, has average gross 

revenues not exceeding $15 million for 

the preceding three years. A ‘‘very small 

business’’ is an entity that, together with 

its affiliates and controlling principals, 

has average gross revenues that do not 

exceed $3 million for the preceding 

three years. The SBA has approved 

these small business size standards. 

Auctions of Phase II licenses 

commenced on September 15, 1998, and 

closed on October 22, 1998. In the first 

auction, 908 licenses were auctioned in 

three different-sized geographic areas: 

three nationwide licenses, 30 Regional 

Economic Area Group (EAG) Licenses, 

and 875 Economic Area (EA) Licenses. 

Of the 908 licenses auctioned, 693 were 

sold. Thirty-nine small businesses won 

licenses in the first 220 MHz auction. 

The second auction included 225 

licenses: 216 EA licenses and 9 EAG 

licenses. Fourteen companies claiming 

small business status won 158 licenses. 

34. 800 MHz and 900 MHz 

Specialized Mobile Radio Licenses. The 

Commission awards ‘‘small entity’’ and 

‘‘very small entity’’ bidding credits in 

auctions for Specialized Mobile Radio 

(SMR) geographic area licenses in the 

800 MHz and 900 MHz bands to firms 

that had revenues of no more than $15 

million in each of the three previous 

calendar years, or that had revenues of 

no more than $3 million in each of the 

three previous calendar years, 

respectively. These bidding credits 

apply to SMR providers in the 800 MHz 

and 900 MHz bands that either hold 

geographic area licenses or have 

obtained extended implementation 

authorizations. The Commission does 

not know how many firms provide 800 

MHz or 900 MHz geographic area SMR 

service pursuant to extended 

implementation authorizations, nor how 

many of these providers have annual 

revenues of no more than $15 million. 

One firm has over $15 million in 

revenues. The Commission assumes, for 

purposes here, that all of the remaining 

existing extended implementation 

authorizations are held by small 

entities, as that term is defined by the 

SBA. The Commission has held 

auctions for geographic area licenses in 

the 800 MHz and 900 MHz SMR bands. 

There were 60 winning bidders that 

qualified as small or very small entities 

in the 900 MHz SMR auctions. Of the 

1,020 licenses won in the 900 MHz 

auction, bidders qualifying as small or 

very small entities won 263 licenses. In 

the 800 MHz auction, 38 of the 524 

licenses won were won by small and 

very small entities. 

35. 700 MHz Guard Band Licensees. 

In the 700 MHz Guard Band Order, we 

adopted a small business size standard 

for ‘‘small businesses’’ and ‘‘very small 

businesses’’ for purposes of determining 

their eligibility for special provisions 

such as bidding credits and installment 

payments. A ‘‘small business’’ is an 

entity that, together with its affiliates 

and controlling principals, has average 

gross revenues not exceeding $15 

million for the preceding three years. 

Additionally, a ‘‘very small business’’ is 

an entity that, together with its affiliates 

and controlling principals, has average 

gross revenues that are not more than $3 

million for the preceding three years. 

An auction of 52 Major Economic Area 

(MEA) licenses commenced on 

September 6, 2000, and closed on 

September 21, 2000. Of the 104 licenses 

auctioned, 96 licenses were sold to nine 

bidders. Five of these bidders were 

small businesses that won a total of 26 

licenses. A second auction of 700 MHz 

Guard Band licenses commenced on 

February 13, 2001 and closed on 

February 21, 2001. All eight of the 

licenses auctioned were sold to three 

bidders. One of these bidders was a 

small business that won a total of two 

licenses. 

36. Rural Radiotelephone Service. The 

Commission has not adopted a size 

standard for small businesses specific to 

the Rural Radiotelephone Service. A 

significant subset of the Rural 

Radiotelephone Service is the Basic 

Exchange Telephone Radio System 

(BETRS). The Commission uses the 

SBA’s small business size standard 

applicable to ‘‘Cellular and Other 

Wireless Telecommunications,’’ i.e., an 

entity employing no more than 1,500 

persons. There are approximately 1,000 

licensees in the Rural Radiotelephone 

Service, and the Commission estimates 

that there are 1,000 or fewer small entity 

licensees in the Rural Radiotelephone 

Service that may be affected by the rules 

and policies adopted herein. 

37. Air-Ground Radiotelephone 

Service. The Commission has not 

adopted a small business size standard 

specific to the Air-Ground 

Radiotelephone Service. We will use 

SBA’s small business size standard 

applicable to ‘‘Cellular and Other 

Wireless Telecommunications,’’ i.e., an 

entity employing no more than 1,500 

persons. There are approximately 100 

licensees in the Air-Ground 

Radiotelephone Service, and we 

estimate that almost all of them qualify 

as small under the SBA small business 

size standard. 

38. Aviation and Marine Radio 

Services. Small businesses in the 

aviation and marine radio services use 

a very high frequency (VHF) marine or 

aircraft radio and, as appropriate, an 

emergency position-indicating radio 

beacon (and/or radar) or an emergency 

locator transmitter. The Commission has 

not developed a small business size 

standard specifically applicable to these 

small businesses. For purposes of this 

analysis, the Commission uses the SBA 

small business size standard for the 

category ‘‘Cellular and Other 

Telecommunications,’’ which is 1,500 

or fewer employees. Most applicants for 

recreational licenses are individuals. 

Approximately 581,000 ship station 

licensees and 131,000 aircraft station 

licensees operate domestically and are 

not subject to the radio carriage 


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requirements of any statute or treaty. 

For purposes of our evaluations in this 

analysis, we estimate that there are up 

to approximately 712,000 licensees that 

are small businesses (or individuals) 

under the SBA standard. In addition, 

between December 3, 1998 and 

December 14, 1998, the Commission 

held an auction of 42 VHF Public Coast 

licenses in the 157.1875–157.4500 MHz 

(ship transmit) and 161.775–162.0125 

MHz (coast transmit) bands. For 

purposes of the auction, the 

Commission defined a ‘‘small’’ business 

as an entity that, together with 

controlling interests and affiliates, had 

average gross revenues for the preceding 

three years not to exceed $15 million 

dollars. In addition, a ‘‘very small’’ 

business is one that, together with 

controlling interests and affiliates, had 

average gross revenues for the preceding 

three years not to exceed $3 million 

dollars. There are approximately 10,672 

licensees in the Marine Coast Service, 

and the Commission estimates that 

almost all of them qualify as ‘‘small’’ 

businesses under the above special 

small business size standards. 

39. Offshore Radiotelephone Service. 

This service operates on several UHF 

television broadcast channels that are 

not used for television broadcasting in 

the coastal areas of states bordering the 

Gulf of Mexico. There are presently 

approximately 55 licensees in this 

service. We are unable to estimate at 

this time the number of licensees that 

would qualify as small under the SBA’s 

small business size standard for 

‘‘Cellular and Other Wireless 

Telecommunications’’ services. Under 

that SBA small business size standard, 

a business is small if it has 1,500 or 

fewer employees. 

40. 39 GHz Service. The Commission 

created a special small business size 

standard for 39 GHz licenses—an entity 

that has average gross revenues of $40 

million or less in the three previous 

calendar years. An additional size 

standard for ‘‘very small business’’ is an 

entity that, together with affiliates, has 

average gross revenues of not more than 

$15 million for the preceding three 

calendar years. The SBA has approved 

these small business size standards. The 

auction of the 2,173 39 GHz licenses 

began on April 12, 2000 and closed on 

May 8, 2000. The 18 bidders who 

claimed small business status won 849 

licenses. Consequently, the Commission 

estimates that 18 or fewer 39 GHz 

licensees are small entities that may be 

affected by the rules and polices 

adopted herein. 

41. Wireless Cable Systems. Wireless 

cable systems use 2 GHz band 

frequencies of the Broadband Radio 

Service (‘‘BRS’’), formerly Multipoint 

Distribution Service (‘‘MDS’’), and the 

Educational Broadband Service (‘‘EBS’’), 

formerly Instructional Television Fixed 

Service (‘‘ITFS’’), to transmit video 

programming and provide broadband 

services to residential subscribers. 

These services were originally designed 

for the delivery of multichannel video 

programming, similar to that of 

traditional cable systems, but over the 

past several years licensees have 

focused their operations instead on 

providing two-way high-speed Internet 

access services. We estimate that the 

number of wireless cable subscribers is 

approximately 100,000, as of March 

2005. Local Multipoint Distribution 

Service (‘‘LMDS’’) is a fixed broadband 

point-to-multipoint microwave service 

that provides for two-way video 

telecommunications. As described 

below, the SBA small business size 

standard for the broad census category 

of Cable and Other Program 

Distribution, which consists of such 

entities generating $13.5 million or less 

in annual receipts, appears applicable to 

MDS, ITFS and LMDS. Other standards 

also apply, as described. 

42. The Commission has defined 

small MDS (now BRS) and LMDS 

entities in the context of Commission 

license auctions. In the 1996 MDS 

auction, the Commission defined a 

small business as an entity that had 

annual average gross revenues of less 

than $40 million in the previous three 

calendar years. This definition of a 

small entity in the context of MDS 

auctions has been approved by the SBA. 

In the MDS auction, 67 bidders won 493 

licenses. Of the 67 auction winners, 61 

claimed status as a small business. At 

this time, the Commission estimates that 

of the 61 small business MDS auction 

winners, 48 remain small business 

licensees. In addition to the 48 small 

businesses that hold BTA 

authorizations, there are approximately 

392 incumbent MDS licensees that have 

gross revenues that are not more than 

$40 million and are thus considered 

small entities. MDS licensees and 

wireless cable operators that did not 

receive their licenses as a result of the 

MDS auction fall under the SBA small 

business size standard for Cable and 

Other Program Distribution. Information 

available to us indicates that there are 

approximately 850 of these licensees 

and operators that do not generate 

revenue in excess of $13.5 million 

annually. Therefore, we estimate that 

there are approximately 850 small entity 

MDS (or BRS) providers, as defined by 

the SBA and the Commission’s auction 

rules. 

43. Educational institutions are 

included in this analysis as small 

entities; however, the Commission has 

not created a specific small business 

size standard for ITFS (now EBS). We 

estimate that there are currently 2,032 

ITFS (or EBS) licensees, and all but 100 

of the licenses are held by educational 

institutions. Thus, we estimate that at 

least 1,932 ITFS licensees are small 

entities. 

44. In the 1998 and 1999 LMDS 

auctions, the Commission defined a 

small business as an entity that has 

annual average gross revenues of less 

than $40 million in the previous three 

calendar years. Moreover, the 

Commission added an additional 

classification for a ‘‘very small 

business,’’ which was defined as an 

entity that had annual average gross 

revenues of less than $15 million in the 

previous three calendar years. These 

definitions of ‘‘small business’’ and 

‘‘very small business’’ in the context of 

the LMDS auctions have been approved 

by the SBA. In the first LMDS auction, 

104 bidders won 864 licenses. Of the 

104 auction winners, 93 claimed status 

as small or very small businesses. In the 

LMDS re-auction, 40 bidders won 161 

licenses. Based on this information, we 

believe that the number of small LMDS 

licenses will include the 93 winning 

bidders in the first auction and the 40 

winning bidders in the re-auction, for a 

total of 133 small entity LMDS 

providers as defined by the SBA and the 

Commission’s auction rules. 

45. Local Multipoint Distribution 

Service. Local Multipoint Distribution 

Service (LMDS) is a fixed broadband 

point-to-multipoint microwave service 

that provides for two-way video 

telecommunications. The auction of the 

1,030 LMDS licenses began on February 

18, 1998 and closed on March 25, 1998. 

The Commission established a small 

business size standard for LMDS 

licensees as an entity that has average 

gross revenues of less than $40 million 

in the three previous calendar years. An 

additional small business size standard 

for ‘‘very small business’’ was added as 

an entity that, together with its affiliates, 

has average gross revenues of not more 

than $15 million for the preceding three 

calendar years. The SBA has approved 

these small business size standards in 

the context of LMDS auctions. There 

were 93 winning bidders that qualified 

as small entities in the LMDS auctions. 

A total of 93 small and very small 

business bidders won approximately 

277 A Block licenses and 387 B Block 

licenses. On March 27, 1999, the 

Commission re-auctioned 161 licenses; 

there were 40 winning bidders. Based 

on this information, we conclude that 


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the number of small LMDS licenses 

consists of the 93 winning bidders in 

the first auction and the 40 winning 

bidders in the re-auction, for a total of 

133 small entity LMDS providers. 

46. 218–219 MHz Service. The first 

auction of 218–219 MHz spectrum 

resulted in 170 entities winning licenses 

for 594 Metropolitan Statistical Area 

(MSA) licenses. Of the 594 licenses, 557 

were won by entities qualifying as a 

small business. For that auction, the 

small business size standard was an 

entity that, together with its affiliates, 

has no more than a $6 million net worth 

and, after Federal income taxes 

(excluding any carry over losses), has no 

more than $2 million in annual profits 

each year for the previous two years. In 

the 218–219 MHz Report and Order and 

Memorandum Opinion and Order, we 

established a small business size 

standard for a ‘‘small business’’ as an 

entity that, together with its affiliates 

and persons or entities that hold 

interests in such an entity and their 

affiliates, has average annual gross 

revenues not to exceed $15 million for 

the preceding three years. A ‘‘very small 

business’’ is defined as an entity that, 

together with its affiliates and persons 

or entities that hold interests in such an 

entity and its affiliates, has average 

annual gross revenues not to exceed $3 

million for the preceding three years. 

We cannot estimate, however, the 

number of licenses that will be won by 

entities qualifying as small or very small 

businesses under our rules in future 

auctions of 218–219 MHz spectrum. 

47. 24 GHz—Incumbent Licensees. 

This analysis may affect incumbent 

licensees who were relocated to the 24 

GHz band from the 18 GHz band and 

applicants who wish to provide services 

in the 24 GHz band. The applicable SBA 

small business size standard is that of 

‘‘Cellular and Other Wireless 

Telecommunications’’ companies. This 

category provides that such a company 

is small if it employs no more than 

1,500 persons. According to Census 

Bureau data for 1997, there were 977 

firms in this category, total, that 

operated for the entire year. Of this 

total, 965 firms had employment of 999 

or fewer employees, and an additional 

12 firms had employment of 1,000 

employees or more. Thus, under this 

size standard, the great majority of firms 

can be considered small. These broader 

census data notwithstanding, we believe 

that there are only two licensees in the 

24 GHz band that were relocated from 

the 18 GHz band, Teligent and TRW, 

Inc. It is our understanding that Teligent 

and its related companies have less than 

1,500 employees, though this may 

change in the future. TRW is not a small 

entity. Thus, only one incumbent 

licensee in the 24 GHz band is a small 

business entity. 

47A. 24 GHz—Future Licensees. With 

respect to new applicants in the 24 GHz 

band, the small business size standard 

for ‘‘small business’’ is an entity that, 

together with controlling interests and 

affiliates, has average annual gross 

revenues for the three preceding years 

not in excess of $15 million. ‘‘Very 

small business’’ in the 24 GHz band is 

an entity that, together with controlling 

interests and affiliates, has average gross 

revenues not exceeding $3 million for 

the preceding three years. The SBA has 

approved these small business size 

standards. These size standards will 

apply to the future auction, if held. 

2. Cable and OVS Operators 

48. Cable Television Distribution 

Services. Since 2007, these services 

have been defined within the broad 

economic census category of Wired 

Telecommunications Carriers; that 

category is defined as follows: ‘‘This 

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.’’ The SBA has developed 

a small business size standard for this 

category, which is: All such firms 

having 1,500 or fewer employees. To 

gauge small business prevalence for 

these cable services we must, however, 

use current census data that are based 

on the previous category of Cable and 

Other Program Distribution and its 

associated size standard; that size 

standard was: All such firms having 

$13.5 million or less in annual receipts. 

According to Census Bureau data for 

2002, there were a total of 1,191 firms 

in this previous category that operated 

for the entire year. Of this total, 1,087 

firms had annual receipts of under $10 

million, and 43 firms had receipts of 

$10 million or more but less than $25 

million. Thus, the majority of these 

firms can be considered small. 

49. Cable Companies and Systems. 

The Commission has also developed its 

own small business size standards, for 

the purpose of cable rate regulation. 

Under the Commission’s rules, a ‘‘small 

cable company’’ is one serving 400,000 

or fewer subscribers, nationwide. 

Industry data indicate that, of 1,076 

cable operators nationwide, all but 

eleven are small under this size 

standard. In addition, under the 

Commission’s rules, a ‘‘small system’’ is 

a cable system serving 15,000 or fewer 

subscribers. Industry data indicate that, 

of 7,208 systems nationwide, 6,139 

systems have under 10,000 subscribers, 

and an additional 379 systems have 

10,000–19,999 subscribers. Thus, under 

this second size standard, most cable 

systems are small. 

50. Cable System Operators. The 

Communications Act of 1934, as 

amended, also contains a size standard 

for small cable system operators, which 

is ‘‘a cable operator that, directly or 

through an affiliate, serves in the 

aggregate fewer than 1 percent of all 

subscribers in the United States and is 

not affiliated with any entity or entities 

whose gross annual revenues in the 

aggregate exceed $250,000,000.’’ The 

Commission has determined that an 

operator serving fewer than 677,000 

subscribers shall be deemed a small 

operator, if its annual revenues, when 

combined with the total annual 

revenues of all its affiliates, do not 

exceed $250 million in the aggregate. 

Industry data indicate that, of 1,076 

cable operators nationwide, all but ten 

are small under this size standard. We 

note that the Commission neither 

requests nor collects information on 

whether cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250 million, 

and therefore we are unable to estimate 

more accurately the number of cable 

system operators that would qualify as 

small under this size standard. 

51. Open Video Systems (OVS). In 

1996, Congress established the open 

video system (OVS) framework, one of 

four statutorily recognized options for 

the provision of video programming 

services by local exchange carriers 

(LECs). The OVS framework provides 

opportunities for the distribution of 

video programming other than through 

cable systems. Because OVS operators 

provide subscription services, OVS falls 

within the SBA small business size 

standard of Cable and Other Program 

Distribution Services, which consists of 

such entities having $13.5 million or 

less in annual receipts. The Commission 

has certified 25 OVS operators, with 

some now providing service. Broadband 

service providers (BSPs) are currently 

the only significant holders of OVS 

certifications or local OVS franchises. 

As of June 2005, BSPs served 

approximately 1.4 million subscribers, 

representing 1.5 percent of all MVPD 

households. Affiliates of Residential 

Communications Network, Inc. (RCN), 

which serves about 371,000 subscribers 

as of June 2005, is currently the largest 

BSP and 14th largest MVPD. RCN 

received approval to operate OVS 

systems in New York City, Boston, 


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Washington, DC and other areas. The 

Commission does not have financial 

information regarding the entities 

authorized to provide OVS, some of 

which may not yet be operational. We 

thus believe that at least some of the 

OVS operators may qualify as small 

entities. 

3. Internet Service Providers 

52. Internet Service Providers. The 

SBA has developed a small business 

size standard for Internet Service 

Providers (ISPs). ISPs ‘‘provide clients 

access to the Internet and generally 

provide related services such as Web 

hosting, Web page designing, and 

hardware or software consulting related 

to Internet connectivity.’’ Under the 

SBA size standard, such a business is 

small if it has average annual receipts of 

$23 million or less. According to Census 

Bureau data for 2002, there were 2,529 

firms in this category that operated for 

the entire year. Of these, 2,437 firms had 

annual receipts of under $10 million, 

and an additional 47 firms had receipts 

of between $10 million and $24, 

999,999. Consequently, we estimate that 

the majority of these firms are small 

entities that may be affected by our 

action. 

4. Other Internet-Related Entities 

53. Web Search Portals. Our action 

pertains to VoIP services, which could 

be provided by entities that provide 

other services such as e-mail, online 

gaming, Web browsing, video 

conferencing, instant messaging, and 

other, similar IP-enabled services. The 

Commission has not adopted a size 

standard for entities that create or 

provide these types of services or 

applications. However, the Census 

Bureau has identified firms that 

‘‘operate Web sites that use a search 

engine to generate and maintain 

extensive databases of Internet 

addresses and content in an easily 

searchable format. Web search portals 

often provide additional Internet 

services, such as e-mail, connections to 

other Web sites, auctions, news, and 

other limited content, and serve as a 

home base for Internet users.’’ The SBA 

has developed a small business size 

standard for this category; that size 

standard is $6.5 million or less in 

average annual receipts. According to 

Census Bureau data for 2002, there were 

342 firms in this category that operated 

for the entire year. Of these, 303 had 

annual receipts of under $5 million, and 

an additional 15 firms had receipts of 

between $5 million and $9,999,999. 

Consequently, we estimate that the 

majority of these firms are small entities 

that may be affected by our action. 

54. Data Processing, Hosting, and 

Related Services. Entities in this 

category ‘‘primarily * * * provid[e] 

infrastructure for hosting or data 

processing services.’’ The SBA has 

developed a small business size 

standard for this category; that size 

standard is $23 million or less in 

average annual receipts. According to 

Census Bureau data for 2002, there were 

6,877 firms in this category that 

operated for the entire year. Of these, 

6,418 had annual receipts of under $10 

million, and an additional 251 firms had 

receipts of between $10 million and 

$24,999,999. Consequently, we estimate 

that the majority of these firms are small 

entities that may be affected by our 

action. 

55. All Other Information Services. 

‘‘This industry comprises 

establishments primarily engaged in 

providing other information services 

(except new syndicates and libraries 

and archives).’’ Our action pertains to 

VoIP services, which could be provided 

by entities that provide other services 

such as e-mail, online gaming, Web 

browsing, video conferencing, instant 

messaging, and other, similar IP-enabled 

services. The SBA has developed a 

small business size standard for this 

category; that size standard is $6.5 

million or less in average annual 

receipts. According to Census Bureau 

data for 2002, there were 155 firms in 

this category that operated for the entire 

year. Of these, 138 had annual receipts 

of under $5 million, and an additional 

four firms had receipts of between $5 

million and $9,999,999. Consequently, 

we estimate that the majority of these 

firms are small entities that may be 

affected by our action. 

56. Internet Publishing and 

Broadcasting. ‘‘This industry comprises 

establishments engaged in publishing 

and/or broadcasting content on the 

Internet exclusively. These 

establishments do not provide 

traditional (non-Internet) versions of the 

content that they publish or broadcast.’’ 

The SBA has developed a small 

business size standard for this census 

category; that size standard is 500 or 

fewer employees. According to Census 

Bureau data for 2002, there were 1,362 

firms in this category that operated for 

the entire year. Of these, 1,351 had 

employment of 499 or fewer employees, 

and six firms had employment of 

between 500 and 999. Consequently, we 

estimate that the majority of these firms 

are small entities that may be affected 

by our action. 

57. Software Publishers. These 

companies may design, develop or 

publish software and may provide other 

support services to software purchasers, 

such as providing documentation or 

assisting in installation. The companies 

may also design software to meet the 

needs of specific users. The SBA has 

developed a small business size 

standard of $25 million or less in 

average annual receipts for all of the 

following pertinent categories: Software 

Publishers, Custom Computer 

Programming Services, and Other 

Computer Related Services. For 

Software Publishers, Census Bureau 

data for 2002 indicate that there were 

6,155 firms in the category that operated 

for the entire year. Of these, 7,633 had 

annual receipts of under $10 million, 

and an additional 403 firms had receipts 

of between $10 million and 

$24,999,999. For providers of Custom 

Computer Programming Services, the 

Census Bureau data indicate that there 

were 32,269 firms that operated for the 

entire year. Of these, 31,416 had annual 

receipts of under $10 million, and an 

additional 565 firms had receipts of 

between $10 million and $24,999,999. 

For providers of Other Computer 

Related Services, the Census Bureau 

data indicate that there were 6,357 firms 

that operated for the entire year. Of 

these, 6,187 had annual receipts of 

under $10 million, and an additional 

101 firms had receipts of between $10 

million and $24,999,999. Consequently, 

we estimate that the majority of the 

firms in each of these three categories 

are small entities that may be affected 

by our action. 

5. Equipment Manufacturers 

58. SBA small business size standards 

are given in terms of ‘‘firms.’’ Census 

Bureau data concerning computer 

manufacturers, on the other hand, are 

given in terms of ‘‘establishments.’’ We 

note that the number of 

‘‘establishments’’ is a less helpful 

indicator of small business prevalence 

in this context than would be the 

number of ‘‘firms’’ or ‘‘companies,’’ 

because the latter take into account the 

concept of common ownership or 

control. Any single physical location for 

an entity is an establishment, even 

though that location may be owned by 

a different establishment. Thus, the 

census numbers provided below may 

reflect inflated numbers of businesses in 

the given category, including the 

numbers of small businesses. 

59. Electronic Computer 

Manufacturing. This category 

‘‘comprises establishments primarily 

engaged in manufacturing and/or 

assembling electronic computers, such 

as mainframes, personal computers, 

workstations, laptops, and computer 

servers.’’ The SBA has developed a 

small business size standard for this 


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category of manufacturing; that size 

standard is 1,000 or fewer employees. 

According to Census Bureau data, there 

were 485 establishments in this category 

that operated with payroll during 2002. 

Of these, 476 had employment of under 

1,000, and an additional four 

establishments had employment of 

1,000 to 2,499. Consequently, we 

estimate that the majority of these 

establishments are small entities. 

60. Computer Storage Device 

Manufacturing. These establishments 

manufacture ‘‘computer storage devices 

that allow the storage and retrieval of 

data from a phase change, magnetic, 

optical, or magnetic/optical media.’’ The 

SBA has developed a small business 

size standard for this category of 

manufacturing; that size standard is 

1,000 or fewer employees. According to 

Census Bureau data, there were 170 

establishments in this category that 

operated with payroll during 2002. Of 

these, 164 had employment of under 

500, and five establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

61. Computer Terminal 

Manufacturing. ‘‘Computer terminals 

are input/output devices that connect 

with a central computer for processing.’’ 

The SBA has developed a small 

business size standard for this category 

of manufacturing; that size standard is 

1,000 or fewer employees. According to 

Census Bureau data, there were 71 

establishments in this category that 

operated with payroll during 2002, and 

all of the establishments had 

employment of under 1,000. 

Consequently, we estimate that all of 

these establishments are small entities. 

62. Other Computer Peripheral 

Equipment Manufacturing. Examples of 

peripheral equipment in this category 

include keyboards, mouse devices, 

monitors, and scanners. The SBA has 

developed a small business size 

standard for this category of 

manufacturing; that size standard is 

1,000 or fewer employees. According to 

Census Bureau data, there were 860 

establishments in this category that 

operated with payroll during 2002. Of 

these, 851 had employment of under 

1,000, and an additional five 

establishments had employment of 

1,000 to 2,499. Consequently, we 

estimate that the majority of these 

establishments are small entities. 

63. Audio and Video Equipment 

Manufacturing. These establishments 

manufacture ‘‘electronic audio and 

video equipment for home 

entertainment, motor vehicle, public 

address and musical instrument 

amplifications.’’ The SBA has 

developed a small business size 

standard for this category of 

manufacturing; that size standard is 750 

or fewer employees. According to 

Census Bureau data, there were 571 

establishments in this category that 

operated with payroll during 2002. Of 

these, 560 had employment of under 

500, and ten establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

64. Electron Tube Manufacturing. 

These establishments are ‘‘primarily 

engaged in manufacturing electron tubes 

and parts (except glass blanks).’’ The 

SBA has developed a small business 

size standard for this category of 

manufacturing; that size standard is 750 

or fewer employees. According to 

Census Bureau data, there were 102 

establishments in this category that 

operated with payroll during 2002. Of 

these, 97 had employment of under 500, 

and one establishment had employment 

of 500 to 999. Consequently, we 

estimate that the majority of these 

establishments are small entities. 

65. Bare Printed Circuit Board 

Manufacturing. These establishments 

are ‘‘primarily engaged in 

manufacturing bare (i.e., rigid or 

flexible) printed circuit boards without 

mounted electronic components.’’ The 

SBA has developed a small business 

size standard for this category of 

manufacturing; that size standard is 500 

or fewer employees. According to 

Census Bureau data, there were 936 

establishments in this category that 

operated with payroll during 2002. Of 

these, 922 had employment of under 

500, and 12 establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

66. Semiconductor and Related 

Device Manufacturing. Examples of 

manufactured devices in this category 

include ‘‘integrated circuits, memory 

chips, microprocessors, diodes, 

transistors, solar cells and other 

optoelectronic devices.’’ The SBA has 

developed a small business size 

standard for this category of 

manufacturing; that size standard is 500 

or fewer employees. According to 

Census Bureau data, there were 1,032 

establishments in this category that 

operated with payroll during 2002. Of 

these, 950 had employment of under 

500, and 42 establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

67. Electronic Capacitor 

Manufacturing. These establishments 

manufacture ‘‘electronic fixed and 

variable capacitors and condensers.’’ 

The SBA has developed a small 

business size standard for this category 

of manufacturing; that size standard is 

500 or fewer employees. According to 

Census Bureau data, there were 104 

establishments in this category that 

operated with payroll during 2002. Of 

these, 101 had employment of under 

500, and two establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

68. Electronic Resistor Manufacturing. 

These establishments manufacture 

‘‘electronic resistors, such as fixed and 

variable resistors, resistor networks, 

thermistors, and varistors.’’ The SBA 

has developed a small business size 

standard for this category of 

manufacturing; that size standard is 500 

or fewer employees. According to 

Census Bureau data, there were 79 

establishments in this category that 

operated with payroll during 2002. All 

of these establishments had 

employment of under 500. 

Consequently, we estimate that all of 

these establishments are small entities. 

69. Electronic Coil, Transformer, and 

Other Inductor Manufacturing. These 

establishments manufacture ‘‘electronic 

inductors, such as coils and 

transformers.’’ The SBA has developed 

a small business size standard for this 

category of manufacturing; that size 

standard is 500 or fewer employees. 

According to Census Bureau data, there 

were 365 establishments in this category 

that operated with payroll during 2002. 

All of these establishments had 

employment of under 500. 

Consequently, we estimate that all of 

these establishments are small entities. 

70. Electronic Connector 

Manufacturing. These establishments 

manufacture ‘‘electronic connectors, 

such as coaxial, cylindrical, rack and 

panel, pin and sleeve, printed circuit 

and fiber optic.’’ The SBA has 

developed a small business size 

standard for this category of 

manufacturing; that size standard is 500 

or fewer employees. According to 

Census Bureau data, there were 321 

establishments in this category that 

operated with payroll during 2002. Of 

these, 315 had employment of under 

500, and three establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

71. Printed Circuit Assembly 

(Electronic Assembly) Manufacturing. 


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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31873 

These are establishments ‘‘primarily 

engaged in loading components onto 

printed circuit boards or who 

manufacture and ship loaded printed 

circuit boards.’’ The SBA has developed 

a small business size standard for this 

category of manufacturing; that size 

standard is 500 or fewer employees. 

According to Census Bureau data, there 

were 868 establishments in this category 

that operated with payroll during 2002. 

Of these, 839 had employment of under 

500, and 18 establishments had 

employment of 500 to 999. 

Consequently, we estimate that the 

majority of these establishments are 

small entities. 

72. Other Electronic Component 

Manufacturing. The SBA has developed 

a small business size standard for this 

category of manufacturing; that size 

standard is 500 or fewer employees. 

According to Census Bureau data, there 

were 1,627 establishments in this 

category that operated with payroll 

during 2002. Of these, 1,616 had 

employment of under 500, and eight 

establishments had employment of 500 

to 999. Consequently, we estimate that 

the majority of these establishments are 

small entities. 

73. Fiber Optic Cable Manufacturing. 

These establishments manufacture 

‘‘insulated fiber-optic cable from 

purchased fiber-optic strand.’’ The SBA 

has developed a small business size 

standard for this category of 

manufacturing; that size standard is 

1,000 or fewer employees. According to 

Census Bureau data, there were 96 

establishments in this category that 

operated with payroll during 2002. Of 

these, 95 had employment of under 

1,000, and one establishment had 

employment of 1,000 to 2,499. 

Consequently, we estimate that the 

majority or all of these establishments 

are small entities. 

74. Other Communication and Energy 

Wire Manufacturing. These 

establishments manufacture ‘‘insulated 

wire and cable of nonferrous metals 

from purchased wire.’’ The SBA has 

developed a small business size 

standard for this category of 

manufacturing; that size standard is 

1,000 or fewer employees. According to 

Census Bureau data, there were 356 

establishments in this category that 

operated with payroll during 2002. Of 

these, 353 had employment of under 

1,000, and three establishments had 

employment of 1,000 to 2,499. 

Consequently, we estimate that the 

majority or all of these establishments 

are small entities. 

D. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

75. Although the Commission granted 

interconnected VoIP providers 

additional rights to access E911 

capabilities in the Order, in most cases, 

the Commission does not anticipate 

significant deviation from current 

practices. In the Commission’s VoIP 911 

Order, the Commission required 

interconnected VoIP providers to 

provide E911 service using the existing 

wireline 911 infrastructure. Under the 

Commission’s VoIP rules, many 

interconnected VoIP providers today are 

successfully using numbering partners 

and other 911 service providers to 

deliver 911 or E911 calls to the 

appropriate PSAP, designated statewide 

default answering point, or appropriate 

local emergency authority. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

76. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

(among others) the following four 

alternatives: (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. 

77. The NET 911 Notice sought 

comment regarding the specific duties 

imposed by the NET 911 Act and the 

regulations that the Commission is 

required to adopt. Specifically, in the 

NET 911 Notice, the Commission 

invited comment on what costs and 

burdens any new rules might impose 

upon small entities and how they could 

be ameliorated. For instance, the 

Commission specifically sought 

comment as to whether there are any 

issues or significant alternatives that the 

Commission should consider to ease the 

burden on small entities. The 

Commission emphasized that it must 

assess the interests of small businesses 

in light of the NET 911 Act’s goal of 

ensuring that interconnected VoIP 

providers have access to any and all 

capabilities they need to provide 911 

and E911 service. 

78. While, like the Net 911 Act, the 

rules the Commission adopted in the 

Order apply to all providers of 

interconnected VoIP service and any 

entity that owns or controls 911 or E911 

capabilities, the Commission attempted 

to minimize the impact of the new rules 

on small entities to the extent consistent 

with Congress’s intent. The Commission 

considered several alternatives, and in 

the Order, imposed minimal regulation 

on small entities to the extent possible. 

As an initial matter, as noted above, 

many interconnected VoIP providers 

today are successfully delivering E911 

calls to the appropriate PSAP and the 

Commission does not anticipate 

significant deviation from current 

practices, particularly from small 

entities. As they have done in the past, 

small interconnected VoIP providers 

may still offer E911 service indirectly 

through a third party, such as a 

competitive LEC, or through any other 

solution that allows the provider to offer 

E911 service in compliance with the 

Commission’s rules. 

79. Furthermore, the Commission 

considered but declined to issue highly 

detailed rules listing specific 

capabilities or entities with ownership 

or control of those capabilities. As 

recognized above, the nation’s 911 

system varies from locality to locality, 

and overly specific rules would fail to 

reflect these local variations, thereby 

placing undue burdens on all entities, 

including any small entities, involved in 

providing E911 service. Small 

interconnected VoIP providers and 

small entities that own or control those 

capabilities will benefit from the 

flexibility of the Commission’s rules, 

which, as noted above, will 

accommodate the local variations as 

well as the various technologies 

necessary for 911 and E911 service. 

80. The Commission also considered 

but declined to issue highly detailed 

rules setting forth the pricing 

methodology under which a capability 

would be provided to an interconnected 

VoIP provider. The Commission’s rules 

required that the rates, terms, and 

conditions shall be: (1) The same as the 

rates, terms, and conditions that are 

made available to CMRS providers, or 

(2) in the event such capability is not 

made available to CMRS providers, the 

same rates, terms, and conditions that 

are made available to any 

telecommunications carrier or other 

entity for the provision of 911 or E911 

service; or (3) otherwise on the rates, 

terms, and conditions reached through 

commercial agreement; and (4) in any 

case, reasonable. The Commission 

concluded that it was important that the 

rates, terms, and conditions be 

consistent with Congress’ intent and in 

all instances be reasonable. Thus, those 

small entities that seek to access 


cprice-sewell on PROD1PC69 with RULES
31874 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

capabilities directly will be assured they 

have access to capabilities under 

reasonable rates, terms, and conditions, 

thereby minimizing significant 

economic impact on small entities. 

Ordering Clauses 

81. Accordingly, it is ordered that 

pursuant to sections 1, 4(i)–(j), 251(e) 

and 303(r) of the Communications Act 

of 1934, as amended, 47 U.S.C. 151, 

154(i)–(j), 251(e), 303(r), and section 101 

of the NET 911 Act, the Report and 

Order in WC Docket No. 08–171 is 

adopted, and that part 9 of the 

Commission’s Rules, 47 CFR part 9, is 

added as set forth in the rule changes. 

Effective October 5, 2009, except for 

§ 9.7(a) which contains information 

collection requirements that have not 

been approved by the Office of 

Management and Budget (OMB). 

82. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 9 

Communications, Interconnected 

Voice over Internet Protocol Services, 

Telephone. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

Final Rules 

■ For the reasons discussed in the 

preamble, part 9 of Title 47 of the Code 

of Federal Regulations is amended to 

read as follows: 

PART 9–INTERCONNECTED VOICE 

OVER INTERNET PROTOCOL 

SERVICES 

■ 1. The authority citation for part 9 is 

amended to read as follows: 

Authority: 47 U.S.C. 151, 154(i)–(j), 251(e), 

303(r), and 615a–1 unless otherwise noted. 

■ 2. Section 9.1 is revised to read as 

follows. 

§ 9.1 Purposes. 

The purposes of this part are to set 

forth the 911 and E911 service 

requirements and conditions applicable 

to interconnected Voice over Internet 

Protocol service providers, and to 

ensure that those providers have access 

to any and all 911 and E911 capabilities 

they need to comply with those 911 and 

E911 service requirements and 

conditions. 

■ 3. Section 9.3 is amended by adding 

in alphabetical order definitions of 

‘‘Automatic Location Information (ALI)’’ 

and ‘‘CMRS’’ to read as follows. 

§ 9.3 Definitions. 

* * * * * 

Automatic Location Information 

(ALI). Information transmitted while 

providing E911 service that permits 

emergency service providers to identify 

the geographic location of the calling 

party. CMRS. Commercial Mobile Radio 

Service, as defined in § 20.9 of this 

chapter. 

* * * * * 

■ 4. Section 9.7 is added to read as 

follows. 

§ 9.7 Access to 911 and E911 service 

capabilities. 

(a) Access. Subject to the other 

requirements of this part, an owner or 

controller of a capability that can be 

used for 911 or E911 service shall make 

that capability available to a requesting 

interconnected VoIP provider as set 

forth in paragraphs (a)(1) and (a)(2) of 

this section. 

(1) If the owner or controller makes 

the requested capability available to a 

CMRS provider, the owner or controller 

must make that capability available to 

the interconnected VoIP provider. An 

owner or controller makes a capability 

available to a CMRS provider if the 

owner or controller offers that capability 

to any CMRS provider. (2) If the owner 

or controller does not make the 

requested capability available to a 

CMRS provider within the meaning of 

paragraph (a)(1) of this section, the 

owner or controller must make that 

capability available to a requesting 

interconnected VoIP provider only if 

that capability is necessary to enable the 

interconnected VoIP provider to provide 

911 or E911 service in compliance with 

the Commission’s rules. 

(b) Rates, terms, and conditions. The 

rates, terms, and conditions on which a 

capability is provided to an 

interconnected VoIP provider under 

paragraph (a) of this section shall be 

reasonable. For purposes of this 

paragraph, it is evidence that rates, 

terms, and conditions are reasonable if 

they are: 

(1) The same as the rates, terms, and 

conditions that are made available to 

CMRS providers, or 

(2) In the event such capability is not 

made available to CMRS providers, the 

same rates, terms, and conditions that 

are made available to any 

telecommunications carrier or other 

entity for the provision of 911 or E911 

service. 

(c) Permissible use. An interconnected 

VoIP provider that obtains access to a 

capability pursuant to this section may 

use that capability only for the purpose 

of providing 911 or E911 service in 

accordance with the Commission’s 

rules. 

[FR Doc. E9–15822 Filed 7–2–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0809121213–9221–02] 

RIN 0648–AX96 

Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason 

adjustments to biennial groundfish 

management measures; request for 

comments. 

SUMMARY: This final rule announces 

inseason changes to management 

measures in the commercial Pacific 

Coast groundfish fisheries. These 

actions, which are authorized by the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), are intended 

to allow fisheries to access more 

abundant groundfish stocks while 

protecting overfished and depleted 

stocks. 

DATES: Effective 0001 hours (local time) 

July 1, 2009. Comments on this final 

rule must be received no later than 5 

p.m., local time on August 5, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX96 by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Gretchen 

Arentzen 

• Mail: Barry Thom, Acting Regional 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Gretchen 

Arentzen. 

Instructions: All comments received 

are a part of the public record and will 


cprice-sewell on PROD1PC69 with RULES