50598 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 573 

[Docket No. FDA–2013–F–1539] 

DSM Nutritional Products, Inc.; 

Withdrawal of Food Additive Petition 

(Animal Use) 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification; withdrawal of 

petition for rulemaking. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the withdrawal, without 

prejudice to a future filing, of a food 

additive petition (animal use) (FAP 

2276) proposing that the food additive 

regulations be amended to provide for 

the safe use of ethoxyquin in vitamin D 

formulations, including 25- 

hydroxyvitamin D3, used in animal 

food. 

DATES: The food additive petition was 

withdrawn on September 13, 2017. 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts; 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Chelsea Trull, Center for Veterinary 

Medicine, Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–402–6729, 

chelsea.trull@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In a notice 

published in the Federal Register of 

December 23, 2013 (78 FR 77384), we 

announced that we had filed a food 

additive petition (FAP 2276), submitted 

by DSM Nutritional Products, 45 

Waterview Blvd., Parsippany, NJ 07054. 

The petition proposed to amend the 

food additive regulations in 21 CFR part 

573 Food Additives Permitted in Feed 

and Drinking Water of Animals to 

provide for the safe use of ethoxyquin 

as a chemical preservative in vitamin D 

formulations, including 25- 

hydroxyvitamin D3, used in animal food. 

DSM Nutritional Products, Inc., has now 

withdrawn the petition without 

prejudice to a future filing (21 CFR 

571.7). 

Dated: October 26, 2017. 

Anna K. Abram, 

Deputy Commissioner for Policy, Planning, 

Legislation, and Analysis. 

[FR Doc. 2017–23728 Filed 10–31–17; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 573 

[Docket No. FDA–2014–F–0295] 

DSM Nutritional Products, Inc.; 

Withdrawal of Food Additive Petition 

(Animal Use) 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification; withdrawal of 

petition for rulemaking. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the withdrawal, without 

prejudice to a future filing, of a food 

additive petition (FAP 2280) proposing 

that the food additive regulations be 

amended to provide for the safe use of 

25-hydroxyvitamin D3 in feed for swine. 

DATES: The food additive petition was 

withdrawn on September 13, 2017. 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts; 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Chelsea Trull, Center for Veterinary 

Medicine, Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–402–6729, 

chelsea.trull@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In a notice 

published in the Federal Register of 

March 25, 2014 (79 FR 16252), we 

announced that we had filed a food 

additive petition (FAP 2280), submitted 

by DSM Nutritional Products, 45 

Waterview Blvd., Parsippany, NJ 07054. 

The petition proposed to amend the 

food additive regulations in 21 CFR part 

573, Food Additives Permitted in Feed 

and Drinking Water of Animals, to 

provide for the safe use of 25- 

hydroxyvitamin D3 in feed for swine. 

DSM Nutritional Products, Inc. has now 

withdrawn the petition without 

prejudice to a future filing (21 CFR 

571.7). 

Dated: October 26, 2017. 

Anna K. Abram, 

Deputy Commissioner for Policy, Planning, 

Legislation, and Analysis. 

[FR Doc. 2017–23729 Filed 10–31–17; 8:45 am] 

BILLING CODE 4164–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket Nos. 17–134; FCC 17–111] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2017 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) seeks further comment on 

the appropriate tiers for calculating 

terrestrial and satellite international 

bearer circuit fees, and the methodology 

by which cable television subscribers in 

multiple dwelling units (MDUs) are 

calculated. 

DATES: Comments are due on or before 

December 1, 2017 and reply comments 

are due on or before December 18, 2017. 

ADDRESSES: You may submit comments, 

identified by MD Docket No. 17–134, by 

any of the following methods listed in 

the Comment Filing Procedures section 

below. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Roland Helvajian, Office of Managing 

Director at (202) 418–0444. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking 

(FNPRM), FCC 17–111, MD Docket No. 

17–134 adopted on September 1, 2017 

and released on September 5, 2017. The 

full text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street SW., Room CY– 

A257, Portals II, Washington, DC 20554, 

and may also be purchased from the 

Commission’s copy contractor, BCPI, 

Inc., Portals II, 445 12th Street SW., 

Room CY–B402, Washington, DC 20554. 

Customers may contact BCPI, Inc. via 

their Web site, http://www.bcpi.com, or 

call 1–800–378–3160. This document is 

available in alternative formats 

(computer diskette, large print, audio 

record, and Braille). Persons with 

disabilities who need documents in 


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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules 50599 

1 FY 2008 FNPRM, 73 FR 50285, 50290 at 

paragraphs 27–28. 

these formats may contact the FCC by 

email: FCC504@fcc.gov or phone: 202– 

418–0530 or TTY: 202–418–0432. 

I. Procedural Matters 

A. Ex Parte Rules Permit-But-Disclose 

Proceeding 

1. This Further Notice of Proposed 

Rulemaking (FY 2017 FNPRM) shall be 

treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and summarize 

all data presented and arguments made 

during the presentation. If the 

presentation consisted in whole or in 

part of the presentation of data or 

arguments already reflected in the 

presenter’s written comments, 

memoranda, or other filings in the 

proceeding, the presenter may provide 

citations to such data or arguments in 

his or her prior comments, memoranda, 

or other filings (specifying the relevant 

page and/or paragraph numbers where 

such data or arguments can be found) in 

lieu of summarizing them in the 

memorandum. Documents shown or 

given to Commission staff during ex 

parte meetings are deemed to be written 

ex parte presentations and must be filed 

consistent with § 1.1206(b). In 

proceedings governed by § 1.49(f) or for 

which the Commission has made 

available a method of electronic filing, 

written ex parte presentations and 

memoranda summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

B. Comment Filing Procedures 

2. Comments and Replies. Pursuant to 

§§ 1.415 and 1.419 of the Commission’s 

rules, 47 CFR 1.415, 1.419, interested 

parties may file comments and reply 

comments on or before the dates 

indicated on the first page of this 

document. Comments may be filed 

using: (1) The Commission’s Electronic 

Comment Filing System (ECFS), (2) the 

Federal Government’s eRulemaking 

Portal, or (3) by filing paper copies. See 

Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121 

(1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http://

www.regulations.gov. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

D All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

D Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

D U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

3. Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available free 

online, via ECFS. Documents will be 

available electronically in ASCII, Word, 

and/or Adobe Acrobat. 

4. Accessibility Information. To 

request information in accessible 

formats (computer diskettes, large print, 

audio recording, and Braille), send an 

email to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document can also be 

downloaded in Word and Portable 

Document Format (‘‘PDF’’) at: http://

www.fcc.gov. 

C. Initial Regulatory Flexibility Analysis 

5. An initial regulatory flexibility 

analysis (IRFA) is contained in this 

summary. Comments to the IRFA must 

be identified as responses to the IRFA 

and filed by the deadlines for comments 

on the Notice. The Commission will 

send a copy of the Notice, including the 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration. 

D. Initial Paperwork Reduction Act of 

1995 Analysis 

6. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

II. Introduction 

7. In this Further Notice of Proposed 

Rulemaking, we seek further comment 

on the appropriate tiers for calculating 

terrestrial and satellite international 

bearer circuit fees raised in the FY 2016 

NPRM and the FY 2017 NPRM and the 

methodology for calculating cable 

television subscribers in multiple 

dwelling units (MDUs) raised in the FY 

2008 FNPRM.1

A. International Bearer Circuits 

8. We seek further comment on this 

issue to have a more comprehensive 

record for adopting a new flat rate 

methodology for terrestrial and satellite 

IBCs and to revise the tiers for 

submarine cable systems. We also seek 

comment on the proposal to adopt a 

regulatory fee for all holders of section 

214 international authorizations. 

9. In the Submarine Cable Order, the 

Commission adopted a tiered system 

using gigabits per second (Gbps) 


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2Sixty-four Kbps is the unit of measurement for 

voice grade circuits; submarine cable, terrestrial, 

and satellite international bearer circuits are now 

largely used for data. 

3Submarine Cable Order, 74 FR 22104, 22107 at 

paragraph 16 (May 12, 2009). 

4Level 3 June 29, 2017 ex parte at 1. 

5AT&T Reply Comments at 3. 

6Coalition Comments at 8–10. 

7Coalition Comments at 9. 

8CTIA Reply at 8. 

9CTIA Reply at 9. 

10 FY 2008 Further Notice of Proposed 

Rulemaking, 73 FR 50285, 50290 at paragraphs 27– 

28, August 26, 2008, (FY 2008 Further Notice). 

11This is essentially the same methodology we 

sought comment on in the FY 2008 FNPRM. 

12 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612 has 

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA), Public 

Law Number 104–121, Title II, 110 Stat. 847 (1996). 

13 5 U.S.C. 603(a). 

increments (instead of 64 kbps 2). The 

tiers adopted for submarine cable 

systems at that time were as follows: 

‘‘large’’ systems, 20 Gbps or more, 

paying one payment unit each; systems 

with capacity equal to or greater than 10 

Gbps but less than 20 Gbps, paying 50 

percent of a payment unit; systems with 

capacity equal to or greater than 5 Gbps 

but less than 10 Gbps, paying 25 percent 

of a payment unit; systems with 

capacity equal to or greater than 2.5 

Gbps but less than 5 Gbps, paying 12.5 

percent of a payment unit; and systems 

with capacity below 2.5 Gbps paying 

6.25 percent of a payment unit.3

10. We propose revising the tiers for 

submarine cable systems. We recognize 

that since we adopted the current tiers 

for submarine cable systems, the 

subsequent growth in the industry has 

moved all but two systems to the 

highest tier. We seek comment on 

whether we should revise the tiers. For 

example, we could adopt the following: 

Systems with capacity of 10,000 Gbps or 

more, paying 16 payment units each; 

systems with capacity equal to or greater 

than 5,000 Gbps but less than 10,000 

Gbps, paying eight payment units; 

systems with capacity equal to or greater 

than 2,500 Gbps but less than 5,000 

Gbps, paying four payment units; 

systems with capacity equal to or greater 

than 1,000 Gbps but less than 2,500 

Gbps, paying two payment units; and 

systems with capacity below 1,000 Gbps 

paying one payment unit. We seek 

comment on this proposal. 

11. We also propose adopting, for 

terrestrial and satellite IBCs, the same 

five tiers used for submarine cable 

systems. Level 3 contends that two tiers 

would be sufficient for terrestrial and 

satellite IBCs to ensure that larger 

carriers pay a fair amount and to avoid 

being a barrier to entry for new 

providers.4 AT&T opposes a two-tiered 

approach, contending that the 

disparities between the volumes of 

circuits held by different operators may 

be too large to structure a reasonable 

and fair system.5 We seek comment on 

whether we should adopt the same tiers 

for common carrier and non-common 

carrier terrestrial and satellite IBCs. 

Commenters proposing different tiers, 

including fewer or greater numbers of 

tiers, should explain how their 

proposals would be more equitable. 

12. In its comments, the Coalition 

suggested that the Commission should 

adopt a fee methodology based on flat 

fee from every holder of an international 

section 214 authorization.6 We seek 

further comment on this approach. 

Should a flat fee based on holding an 

international section 214 authorization 

replace only the terrestrial and satellite 

IBCs regulatory fees, with submarine 

cable IBCs continuing to be assessed on 

holding a cable landing license, or 

should it replace all IBC regulatory fees 

(i.e., terrestrial, satellite and submarine 

cable)? Would a flat fee on an 

international section 214 authorization 

reduce administrative burdens in 

collecting the IBC fee? The Coalition 

states that there are approximately 7,000 

current international section 214 

authorizations,7 but CTIA notes that 

many of those are held by companies 

that do not actually provide 

international service and many 

companies hold multiple 

authorizations.8 We seek comment on 

whether a fee should be applied to every 

holder of an international section 214 

authorization regardless of the number 

of international section 214 

authorizations held. Alternatively, 

should a set fee be applied to every 

international section 214 authorization? 

We also seek comment on whether there 

should be a different fee based on 

whether the international section 214 

authorization is for resale only or for 

facilities-based services. We seek 

comment on whether a fee based on 

international section 214 authorizations 

should be calibrated based on size. For 

example, should there be one fee for 

resale, another up to a certain number 

of circuits, and a larger fee for any 

circuits above that amount? We seek 

comment on CITA’s assertion that there 

are no additional, ongoing costs 

associated with international section 

214 authorizations that are not already 

covered by the application fees.9 We 

seek comment on whether a fee applied 

to each section 214 authorization holder 

would capture most carriers that 

provide non-common carrier services or 

are there a number of carriers that 

provide only non-common carrier 

international services? 

B. Cable Television Services— 

Calculation of Number of Subscribers 

13. In the FY 2008 FNPRM, the 

Commission sought comment on the 

bulk rate calculation for determining the 

number of subscribers in a multiple 

dwelling unit or MDU.10 The 

methodology for calculating the number 

of cable subscribers has since been the 

following: 

Cable television system operators should 

compute their number of basic subscribers as 

follows: Number of single family dwellings + 

number of individual households in multiple 

dwelling unit (apartments, condominiums, 

mobile home parks, etc.) paying at the basic 

subscriber rate + bulk rate customers + 

courtesy and free service. Note: Bulk-Rate 

Customers = Total annual bulk-rate charge 

divided by basic annual subscription rate for 

individual households. Operators may base 

their count on ‘‘a typical day in the last full 

week’’ of December [year], rather than on a 

count as of December 31, [year].11

14. We recognize that the cable 

television industry has evolved 

significantly and the bulk rate 

calculation may not be reasonable or 

feasible today because of the many 

services offered today by cable 

providers. Specifically, with offerings of 

different packages and bundles, it may 

no longer be feasible to use a bulk rate 

calculation. Commenters should discuss 

if they use the bulk rate calculation or 

if they separately count each subscriber, 

even those living in MDUs. 

15. We seek comment on whether we 

should keep the bulk rate calculation, or 

alternatively, whether we should 

modify the methodology to more 

accurately calculate the numbers of 

subscribers in a MDU. We seek 

comment on whether we should 

eliminate the bulk rate calculation due 

to changes in today’s cable market. 

III. Initial Regulatory Flexibility 

Analysis 

1. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),12 the Commission prepared this 

Initial Regulatory Flexibility Analysis 

(IRFA) of the possible significant 

economic impact on small entities by 

the policies and rules proposed in the 

Further Notice of Proposed Rulemaking 

(FNPRM). Written comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadline for 

comments on this Further Notice. The 

Commission will send a copy of the 

Further Notice, including the IRFA, to 

the Chief Counsel for Advocacy of the 

Small Business Administration (SBA).13


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14 Id. 

15 47 U.S.C. 154(i) and (j), 159, and 303(r). 

16 5 U.S.C. 603(b)(3). 

17 5 U.S.C. 601(6). 

18 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small-business concern’’ in the Small 

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 

601(3), the statutory definition of a small business 

applies ‘‘unless an agency, after consultation with 

the Office of Advocacy of the Small Business 

Administration and after opportunity for public 

comment, establishes one or more definitions of 

such term which are appropriate to the activities of 

the agency and publishes such definition(s) in the 

Federal Register.’’ 

19 15 U.S.C. 632. 

20See 5 U.S.C. 601(3) through (6). 

21See SBA, Office of Advocacy, ‘‘Frequently 

Asked Questions,’’ available at https://

www.sba.gov/sites/default/files/advocacy/SB-FAQ2016_WEB.pdf. 

22 5 U.S.C. 601(4). 

23 5 U.S.C. 601(5). 

24See SBA, Office of Advocacy, ‘‘Frequently 

Asked Questions,’’ available at https://

www.sba.gov/sites/default/files/advocacy/SB-FAQ2016_WEB.pdf. 

25The 2011 U.S. Census Data for small 

governmental organizations are not presented based 

on the size of the population in each organization. 

As stated above, there were 90,056 local 

governmental organizations in 2011. As a basis for 

estimating how many of these 90,056 local 

governmental organizations were small, we note 

that there were a total of 729 cities and towns 

(incorporated places and civil divisions) with 

populations over 50,000. See http://fact

finder.census.gov/faces/tableservices/jsf/pages/ 

productview.xhtml?pid=ECN_2012_US_51SSSZ5&

prodType=table. If we subtract the 729 cities and 

towns that exceed the 50,000 population threshold, 

we conclude that approximately 789,237 are small. 

26See http://www.census.gov/cgi-bin/sssd/naics/ 

naicsrch. 

27See 13 CFR 120.201, NAICS code 517110. 

28http://factfinder.census.gov/faces/ 

tableservices/jsf/pages/productview.xhtml?pi=ECN_

2012_US_51SSSZ5&prodType=table. 

29 13 CFR 121.201, NAICS code 517110. 

30http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pi=ECN_

2012_US_51SSSZ5&prodType=table. 

31 13 CFR 121.201, NAICS code 517110. 

32http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5prodType=table. 

33See Trends in Telephone Service, Federal 

Communications Commission, Wireline 

Competition Bureau, Industry Analysis and 

Technology Division at Table 5.3 (Sept. 2010) 

(Trends in Telephone Service). 

34See id. 

In addition, the FNPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register.14

A. Need for, and Objectives of, the 

Further Notice 

2. The FNPRM seeks comment 

regarding (1) adopting a new five-tiered 

flat rate methodology for assessing 

regulatory fees for terrestrial and 

satellite international bearer circuits 

(IBCs), revising the tiers for submarine 

cable systems, and adopting a new fee 

category for all holders of section 214 

international authority and (2) revising 

the calculation for cable television 

‘‘Bulk Rate Customers.’’ 

B. Legal Basis 

3. This action, including publication 

of proposed rules, is authorized under 

sections (4)(i) and (j), 9, and 303(r) of 

the Communications Act of 1934, as 

amended.15

A. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Will Apply 

4. The RFA directs agencies to 

provide a description of, and where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules and policies, if 

adopted.16 The RFA generally defines 

the term ‘‘small entity’’ as having the 

same meaning as the terms ‘‘small 

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

‘‘small governmental jurisdiction.’’ 17 In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act.18 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.19

5. Small Entities. Our actions, over 

time, may affect small entities that are 

not easily categorized at present. We 

therefore describe here, at the outset, 

three comprehensive small entity size 

standards that could be directly affected 

by the proposals under consideration.20

As of 2009, small businesses 

represented 99.9 percent of the 27.5 

million businesses in the United States, 

according to the SBA.21 In addition, a 

‘‘small organization is generally any notfor-profit enterprise which is 

independently owned and operated and 

not dominant in its field.22 In addition, 

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.’’ 23 U.S. Census 

Bureau data for 2011 indicate that there 

were 90,056 local governmental 

jurisdictions in the United States.24 We 

estimate that, of this total, as many as 

89,327 entities may qualify as ‘‘small 

governmental jurisdictions.’’ 25 Thus, 

we estimate that most local government 

jurisdictions are small. 

6. Wired Telecommunications 

Carriers. The U.S. Census Bureau 

defines this industry as ‘‘establishments 

primarily engaged in operating and/or 

providing access to transmission 

facilities and infrastructure that they 

own and/or lease for the transmission of 

voice, data, text, sound, and video using 

wired communications networks. 

Transmission facilities may be based on 

a single technology or a combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 

that they operate to provide a variety of 

services, such as wired telephony 

services, including VoIP services, wired 

(cable) audio and video programming 

distribution, and wired broadband 

internet services. By exception, 

establishments providing satellite 

television distribution services using 

facilities and infrastructure that they 

operate are included in this 

industry.’’ 26 The SBA has developed a 

small business size standard for Wired 

Telecommunications Carriers, which 

consists of all such companies having 

1,500 or fewer employees.27 Census data 

for 2012 shows that there were 3,117 

firms that operated that year. Of this 

total, 3,083 operated with fewer than 

1,000 employees.28 Thus, under this 

size standard, the majority of firms in 

this industry can be considered small. 

7. Local Exchange Carriers (LECs). 

Neither the Commission nor the SBA 

has developed a size standard for small 

businesses specifically applicable to 

local exchange services. The closest 

applicable NAICS code category is for 

Wired Telecommunications Carriers. 

Under that size standard, such a 

business is small if it has 1,500 or fewer 

employees.29 According to census data 

from 2012, there were 3,117 

establishments that operated that year. 

Of this total, 3,083 operated with fewer 

than 1,000 employees.30 The 

Commission estimates that most 

providers of local exchange service are 

small entities that may be affected by 

the rules proposed in the FNPRM. 

8. Incumbent LECs. Neither the 

Commission nor the SBA has developed 

a small business size standard 

specifically for incumbent local 

exchange services. The closest 

applicable NAICS code category is 

Wired Telecommunications Carriers. 

Under that size standard, such a 

business is small if it has 1,500 or fewer 

employees.31 According to census data 

from 2012, 3,117 firms operated in that 

year. Of this total, 3,083 operated with 

fewer than 1,000 employees.32

According to Commission data, 1,307 

carriers reported that they were 

incumbent local exchange service 

providers.33 Of this total of 1,307 

incumbent local exchange service 

providers, an estimated 1,006 operated 

with 1,500 or fewer employees.34

Consequently, the Commission 

estimates that most providers of 


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35 13 CFR 121.201, NAICS code 517110. 

36http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

37See Trends in Telephone Service, at Table 5.3. 

38 Id. 

39 Id. 

40 Id. 

41 13 CFR 121.201, NAICS code 517110. 

42http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=

ECN_2012_US_51SSSZ5&prodType=table. 

43See Trends in Telephone Service, at Table 5.3. 

44http://www.census.gov/cgi-bin/ssd/naics/ 

naicsrch. 

45 13 CFR 121.201, NAICS code 517911. 

46http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=

ECN_2012_US_51SSSZ5&prodType=table. 

47See Trends in Telephone Service, at Table 5.3. 

48 Id. 

49 13 CFR 121.201, NAICS code 517911. 

50http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

51http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

52See Trends in Telephone Service, at Table 5.3. 

53 Id. 

54 13 CFR 121.201, NAICS code 517911. 

55 Id. 

56http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

57 Id. 

58Trends in Telephone Service, at Table 5.3. 

59 Id. 

incumbent local exchange service are 

small businesses that may be affected by 

the rules proposed in this Further 

Notice. 

9. Competitive Local Exchange 

Carriers (Competitive LECs), 

Competitive Access Providers (CAPs), 

Shared-Tenant 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 NAICS code 

category is Wired Telecommunications 

Carriers. Under that size standard, such 

a business is small if it has 1,500 or 

fewer employees.35 U.S. Census data for 

2012 indicate that 3,117 firms operated 

during that year. Of that number, 3,083 

operated with fewer than 1,000 

employees.36 Based on this data, the 

Commission concludes that the majority 

of Competitive LECs, CAPs, SharedTenant Service Providers, and Other 

Local Service Providers are small 

entities. According to the Commission 

data, 1,442 carriers reported that they 

were engaged in the provision of either 

competitive local exchange services or 

competitive access provider services.37

Of these 1,442 carriers, an estimated 

1,256 have 1,500 or fewer employees. In 

addition, 17 carriers have reported that 

they are Shared-Tenant Service 

Providers, and all 17 are estimated to 

have 1,500 or fewer employees.38 Also, 

72 carriers have reported that they are 

Other Local Service Providers.39 Of this 

total, 70 have 1,500 or fewer 

employees.40 Consequently, the 

Commission estimates that most 

providers of competitive local exchange 

service, competitive access providers, 

Shared-Tenant Service Providers, and 

Other Local Service Providers are small 

entities that may be affected by rules 

proposed in this FNPRM. 

10. Interexchange Carriers (IXCs). 

Neither the Commission nor the SBA 

has developed a definition for 

Interexchange Carriers. The closest 

NAICS code category is Wired 

Telecommunications Carriers as defined 

in paragraph 6 of this IRFA. The 

applicable size standard under SBA 

rules is that such a business is small if 

it has 1,500 or fewer employees.41 U.S. 

Census data for 2012 indicate that 3,117 

firms operated during that year. Of that 

number, 3,083 operated with fewer than 

1,000 employees.42 According to 

Commission data, 359 companies 

reported that their primary 

telecommunications service activity was 

the provision of interexchange 

services.43 Of this total, an estimated 

317 have 1,500 or fewer employees. 

Consequently, the Commission 

estimates that the majority of 

interexchange service providers are 

small entities that may be affected by 

rules proposed in this FNPRM 

11. 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 NAICS 

code category for prepaid calling card 

providers is Telecommunications 

Resellers. This industry comprises 

establishments engaged in purchasing 

access and network capacity from 

owners and operators of 

telecommunications networks and 

reselling wired and wireless 

telecommunications services (except 

satellite) to businesses and households. 

Establishments in this industry resell 

telecommunications; they do not 

operate transmission facilities and 

infrastructure. Mobile virtual networks 

operators (MVNOs) are included in this 

industry.44 Under the applicable SBA 

size standard, such a business is small 

if it has 1,500 or fewer employees.45

U.S. Census data for 2012 show that 

1,341 firms provided resale services 

during that year. Of that number, 1,341 

operated with fewer than 1,000 

employees.46 Thus, under this category 

and the associated small business size 

standard, the majority of these prepaid 

calling card providers can be considered 

small entities. According to Commission 

data, 193 carriers have reported that 

they are engaged in the provision of 

prepaid calling cards.47 All 193 carriers 

have 1,500 or fewer employees.48

Consequently, the Commission 

estimates that the majority of prepaid 

calling card providers are small entities 

that may be affected by rules proposed 

in this FNPRM. 

12. Local Resellers. Neither the 

Commission nor the SBA has developed 

a small business size standard 

specifically for 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.49 Census data for 2012 show 

that 1,341 firms provided resale services 

during that year. 50 Of that number, 

1,341 operated with fewer than 1,000 

employees.51 Under this category and 

the associated small business size 

standard, the majority of these local 

resellers can be considered small 

entities. According to Commission data, 

213 carriers have reported that they are 

engaged in the provision of local resale 

services.52 Of this total, an estimated 

211 have 1,500 or fewer employees.53

Consequently, the Commission 

estimates that the majority of local 

resellers are small entities that may be 

affected by rules proposed in this 

Further Notice. 

13. Toll Resellers. The Commission 

has not developed a definition for Toll 

Resellers. The closest NAICS code 

Category is Telecommunications 

Resellers, and the SBA has developed a 

small business size standard for the 

category of Telecommunications 

Resellers.54 Under that size standard, 

such a business is small if it has 1,500 

or fewer employees.55 Census data for 

2012 show that 1,341 firms provided 

resale services during that year.56 Of 

that number, 1,341 operated with fewer 

than 1,000 employees.57 Thus, under 

this category and the associated small 

business size standard, the majority of 

these resellers can be considered small 

entities. According to Commission data, 

881 carriers have reported that they are 

engaged in the provision of toll resale 

services.58 Of this total, an estimated 

857 have 1,500 or fewer employees.59

Consequently, the Commission 

estimates that the majority of toll 

resellers are small entities that may be 

affected by the rules proposed in the 

FNPRM. 

14. Other Toll Carriers. Neither the 

Commission nor the SBA has developed 

a size standard for small businesses 


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60 13 CFR 121.201, NAICS code 517110. 

61http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

62 Id. 

63Trends in Telephone Service, at Table 5.3. 

64 Id. 

65NAICS code 517210. See http:// 

www.census.gov/cgi-bin/ssd/naics/naiscsrch. 

66http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

67http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType;=table. 

68Trends in Telephone Service, at Table 5.3. 

69 Id. 

70U.S. Census Bureau, 2012 NAICS code 

Economic Definitions, http://www.census.gov.cgibin/sssd/naics/naicsrch. 

71 13 CFR 121.201, NAICS code 515120. 

72See FCC News Release, ‘‘Broadcast Station 

Totals as of March 31, 2017,’’ April 11, 2017; 

https://;apps.fcc.gov/edocs_public/attachmatch/ 

DOC-344256A1.pdf. 

73We recognize that BIA’s estimate differs 

slightly from the FCC total given supra. 

74 ‘‘[Business concerns] are affiliates of each other 

when one concern controls or has the power to 

control the other or a third party or parties controls 

or has to power to control both.’’ 13 CFR 

21.103(a)(1). 

75See FCC News Release, ‘‘Broadcast Station 

Totals as of March 31, 2017,’’ April 11, 2017; 

https://apps.fcc.gov/edocs_public/attachmatch/ 

DOC-344256A1.pdf. 

76See generally 5 U.S.C. 601(4), (6). 

77See FCC News Release, ‘‘Broadcast Station 

Totals as of March 31, 2017,’’ April 11, 2017; 

https://apps.fcc.gov/edocs_public/attachmatch/ 

DOC-344256A1.pdf. 

78http://www.census.gov.cgi-bin/sssd/naics/ 

naicsrch. 

79 13 CFR 121.201, NAICS code 515112. 

80http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

81http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

specifically applicable to Other Toll 

Carriers. This category includes toll 

carriers that do not fall within the 

categories of interexchange carriers, 

operator service providers, prepaid 

calling card providers, satellite service 

carriers, or toll resellers. The closest 

applicable NAICS code category is for 

Wired Telecommunications Carriers, as 

defined in paragraph 6 of this IRFA. 

Under that size standard, such a 

business is small if it has 1,500 or fewer 

employees.60 Census data for 2012 

shows that there were 3,117 firms that 

operated that year.61 Of this total, 3,083 

operated with fewer than 1,000 

employees.62 Thus, under this category 

and the associated small business size 

standard, the majority of Other Toll 

Carriers can be considered small. 

According to Commission data, 284 

companies reported that their primary 

telecommunications service activity was 

the provision of other toll carriage.63 Of 

these, an estimated 279 have 1,500 or 

fewer employees.64 Consequently, the 

Commission estimates that most Other 

Toll Carriers are small entities that may 

be affected by the rules proposed in the 

FNPRM 

15. Wireless Telecommunications 

Carriers (except Satellite). This industry 

comprises establishments engaged in 

operating and maintaining switching 

and transmission facilities to provide 

communications via the airwaves. 

Establishments in this industry have 

spectrum licenses and provide services 

using that spectrum, such as cellular 

services, paging services, wireless 

internet access, and wireless video 

services.65 The appropriate size 

standard under SBA rules is that such 

a business is small if it has 1,500 or 

fewer employees. For this industry, 

Census Data for 2012 show that there 

were 967 firms that operated for the 

entire year.66 Of this total, 955 firms had 

fewer than 1,000 employees.67 Thus 

under this category and the associated 

size standard, the Commission estimates 

that the majority of wireless 

telecommunications carriers (except 

satellite) are small entities. Similarly, 

according to Commission data, 413 

carriers reported that they were engaged 

in the provision of wireless telephony, 

including cellular service, Personal 

Communications Service (PCS), and 

Specialized Mobile Radio (SMR) 

services.68 Of this total, an estimated 

261 have 1,500 or fewer employees.69

Thus, using available data, we estimate 

that the majority of wireless firms can 

be considered small and may be affected 

by rules proposed in this FNPRM. 

16. Television Broadcasting. This 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound. These establishments operate 

television broadcasting studios and 

facilities for the programming and 

transmission of programs to the 

public.’’ 70 These establishments also 

produce or transmit visual programming 

to affiliated broadcast television 

stations, which in turn broadcast the 

programs to the public on a 

predetermined schedule. Programming 

may originate in their own studio, from 

an affiliated network, or from external 

sources. The SBA has created the 

following small business size standard 

for Television Broadcasting firms: Those 

having $38.5 million or less in annual 

receipts.71 The 2012 Economic Census 

reports that 751 television broadcasting 

firms operated during that year. Of that 

number, 656 had annual receipts of less 

than $25 million per year. Based on that 

Census data we conclude that a majority 

of firms that operate television stations 

are small. The Commission has 

estimated the number of licensed 

commercial television stations to be 

1,383.72 In addition, according to 

Commission staff review of the BIA 

Advisory Services, LLC’s Media Access 

Pro Television Database on March 28, 

2012, about 950 of an estimated 1,300 

commercial television stations (or 

approximately 73 percent) had revenues 

of $14 million or less.73 We therefore 

estimate that the majority of commercial 

television broadcasters are small 

entities. 

17. In assessing whether a business 

concern qualifies as small under the 

above definition, business (control) 

affiliations 74 must be included. Our 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by our action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. In addition, an 

element of the definition of ‘‘small 

business’’ is that the entity not be 

dominant in its field of operation. We 

are unable at this time to define or 

quantify the criteria that would 

establish whether a specific television 

station is dominant in its field of 

operation. Accordingly, the estimate of 

small businesses to which rules may 

apply does not exclude any television 

station from the definition of a small 

business on this basis and is therefore 

possibly over-inclusive to that extent. 

18. In addition, the Commission has 

estimated the number of licensed 

noncommercial educational (NCE) 

television stations to be 396.75 These 

stations are non-profit, and therefore 

considered to be small entities.76 There 

are also 2,528 low power television 

stations, including Class A stations 

(LPTV).77 Given the nature of these 

services, we will presume that all LPTV 

licensees qualify as small entities under 

the above SBA small business size 

standard. 

19. Radio Broadcasting. This 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public. Programming may originate 

in their own studio, from an affiliated 

network, or from external sources.’’ 78

The SBA has established a small 

business size standard for this category, 

which is: Such firms having $38.5 

million or less in annual receipts.79 U.S. 

Census data for 2012 show that 2,849 

radio station firms operated during that 

year.80 Of that number, 2,806 operated 

with annual receipts of less than $25 

million per year.81 According to 

Commission staff review of BIA 

Advisory Services, LLC’s Media Access 


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82 ‘‘Concerns and entities are affiliates of each 

other when one controls or has the power to control 

the other, or a third party or parties controls or has 

the power to control both. It does not matter 

whether control is exercised, so long as the power 

to control exists.’’ 13 CFR 121.103(a)(1) (an SBA 

regulation). 

83 13 CFR 121.102(b) (an SBA regulation). 

84https://www.census.gov.cgi-bin/sssd/naics/ 

naicsrch. 

85http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ5&prodType=table. 

86http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US–51SSSZ5&prodType=Table. 

87 47 CFR 76.901(e). 

88See Eighteenth Competition Report, 32 FCC 

Rcd at 584, para. 39 (citing the Commission’s Cable 

Operations and Licensing Systems (COALS) 

database). 

89See https://www.snl.com/web/client?auth=

inherit#industry/topCableMSOs (last visited July 

18, 2017). 

90 47 CFR 76.901(c). 

91See footnote 2, supra. 

92August 5, 2015 report from the Media Bureau 

based on its research in COALS. See www.fcc.gov/ 

coals. 

93 47 CFR 76.901(f) and notes ff. 1, 2, and 3. 

94See NCTA Industry Data, Cable’s Customer 

Base, available at https://www.ncta.com/industrydata (last visited July 6, 2017). 

95 47 CFR 76.901(f) and notes ff. 1, 2, and 3. 

96See https://www.snl.com/web/client?

auth=inherit#industry/topCableMSOs (last visited 

July 18, 2017). 

97The Commission does receive such information 

on a case-by-case basis if a cable operator appeals 

a local franchise authority’s finding that the 

operator does not qualify as a small cable operator 

pursuant to 47 CFR 76.901(f) of the Commission’s 

rules. See 47 CFR 76.901(f). 

98http://www.census.gov/cgi-bin/sssd/naics/ 

naicsrch. 99NAICs code 517110; 13 CFR 121.201. 100http://factfinder.census.gov/faces/table

services.jasf/pages/productview.xhtml?pid+ECN_

2012_US.51SSSZ4&prodType=table. 

Pro Radio Database on March 28, 2012, 

about 10,759 (97%) of 11,102 

commercial radio stations had revenues 

of $38.5 million or less. Therefore, the 

majority of such entities are small 

entities. 

20. In assessing whether a business 

concern qualifies as small under the 

above size standard, business 

affiliations must be included.82 In 

addition, to be determined to be a 

‘‘small business,’’ the entity may not be 

dominant in its field of operation.83 It is 

difficult at times to assess these criteria 

in the context of media entities, and our 

estimate of small businesses may 

therefore be over-inclusive. 

21. Cable Television and Other 

Subscription Programming. This 

industry comprises establishments 

primarily engaged in operating studios 

and facilities for the broadcasting of 

programs on a subscription or fee basis. 

The broadcast programming is typically 

narrowcast in nature, e.g., limited 

format, such as news, sports, education, 

or youth-oriented. These establishments 

produce programming in their own 

facilities or acquire programming from 

external sources. The programming 

material is usually delivered to a third 

party, such as cable systems or directto-home satellite systems, for 

transmission to viewers.84 The SBA has 

established a size standard for this 

industry of $38.5 million or less. Census 

data for 2012 shows that there were 367 

firms that operated that year.85 Of this 

total, 319 operated with annual receipts 

of less than $25 million.86 Thus under 

this size standard, the majority of firms 

offering cable and other program 

distribution services can be considered 

small and may be affected by rules 

proposed in this FNPRM. 

22. Cable Companies and Systems. 

The Commission has developed its own 

small business size standards for cable 

rate regulation. Under the Commission’s 

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

serving 400,000 or fewer subscribers 

nationwide.87 Industry data indicate 

that there are currently 4,413 active 

cable systems in the United States.88 Of 

this total, all but ten cable operators 

nationwide are small under the 400,000- 

subscriber size standard.89 In addition, 

under the Commission’s rate regulation 

rules, a ‘‘small system’’ is a cable system 

serving 15,000 or fewer subscribers.90

Current Commission records show 4,413 

cable systems nationwide.91 Of this 

total, 3,900 cable systems have less than 

15,000 subscribers, and 700 systems 

have 15,000 or more subscribers, based 

on the same records.92 Thus, under this 

standard as well, the Commission 

estimates that most cable systems are 

small entities. 

23. Cable System Operators (Telecom 

Act Standard). The Communications 

Act 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.’’ 93

There are approximately 53 million 

cable video subscribers in the United 

States today.94 Accordingly, an operator 

serving fewer than 524,037 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.95 Based on available data, 

we find that all but nine incumbent 

cable operators are small entities under 

this size standard.96 The Commission 

neither requests nor collects information 

on whether cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250 million.97

Although it seems certain that some of 

these cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250,000,000, 

we are unable at this time to estimate 

with greater precision the number of 

cable system operators that would 

qualify as small cable operators under 

the definition in the Communications 

Act. 

24. Direct Broadcast Satellite (DBS) 

Service. DBS Service is a nationally 

distributed subscription service that 

delivers video and audio programming 

via satellite to a small parabolic dish 

antenna at the subscriber’s location. 

DBS is now included in SBA’s 

economic census category ‘‘Wired 

Telecommunications Carriers.’’ The 

Wired Telecommunications Carriers 

industry comprises establishments 

primarily engaged in operating and/or 

providing access to transmission 

facilities and infrastructure that they 

own and/or lease for the transmission of 

voice, data, text, sound, and video using 

wired telecommunications networks. 

Transmission facilities may be based on 

a single technology or combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 

that they operate to provide a variety of 

services, such as wired telephony 

services, including VOIP services, wired 

(cable) audio and video programming 

distribution; and wired broadband 

internet services. By exception, 

establishments providing satellite 

television distribution services using 

facilities and infrastructure that they 

operate are included in this industry.98

The SBA determines that a wireline 

business is small if it has fewer than 

1500 employees.99 Census data for 2012 

indicate that 3,117 wireline companies 

were operational during that year. Of 

that number, 3,083 operated with fewer 

than 1,000 employees.100 Based on that 

data, we conclude that the majority of 

wireline firms are small under the 

applicable standard. However, only two 

entities provide DBS service, AT&T and 

DISH Network. AT&T and DISH 

Network each report annual revenues 

that are in excess of the threshold for a 

small business. Accordingly, we 

conclude that DBS service is provided 

only by large firms. 

25. All Other Telecommunications. 

‘‘All Other Telecommunications’’ is 

defined as follows: This U.S. industry is 

comprised of establishments that are 

primarily engaged in providing 

specialized telecommunications 

services, such as satellite tracking, 


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101http://www.census.gov/cgi-bin/ssssd/naics/ 

naicsrch. 

102 13 CFR 121.201; NAICs code 517919. 

103http://factfinder.census.gov/faces/table

services.jasf/pages/productview.xhtml?pid+ECN_

2012_US.51SSSZ4&prodType=table. 

104See 47 CFR 52.101(b). 

105 13 CFR 121.201, NAICS code 517110. 

106 Id. 

107http://www.census,gov/cgi-bin/sssd/ 

naics.naicsrch. 108 13 CFR 120,201, NAICS code 517110. 109http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ4&prodType=table. 

110http://www.census,gov/cgi-bin/sssd/ 

naics.naicsrch. 

111 13 CFR 120.201, NAICS code 517120. 

112http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ4&prodType=table. 

113 13 CFR 120.201, NAICS code 541890. 

114 13 CFR 120.201, NAICS code 541618. 

115http://www.census,gov/cgi-bin/sssd/ 

naics.naicsrch. 

116 13 CFR 120.201, NAICS code 541890. 

117http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ4&prodType=table. 

118http://www.census,gov/cgi-bin/sssd/ 

naics.naicsrch. 

119 13 CFR 120.201, NAICS code 514618. 

120http://factfinder.census.gov/faces/table

services/jsf/pages/productview.xhtml?pid=ECN_

2012_US_51SSSZ4&prodType=table. 

121The four NAICS code-based categories 

selected above to provide definitions for Carrier and 

Non-Carrier RespOrgs were selected because as a 

group they refer generically and comprehensively to 

all RespOrgs. 

communications telemetry, and radar 

station operation. This industry also 

includes establishments primarily 

engaged in providing satellite terminal 

stations and associated facilities 

connected with one or more terrestrial 

systems and capable of transmitting 

telecommunications to, and receiving 

telecommunications from, satellite 

systems. Establishments providing 

Internet services or Voice over Internet 

Protocol (VoIP) services via clientsupplied telecommunications 

connections are also included in this 

industry.101 The SBA has developed a 

small business size standard for ‘‘All 

Other Telecommunications,’’ which 

consists of all such firms with gross 

annual receipts of $32.5 million or 

less.102 For this category, census data for 

2012 show that there were 1,442 firms 

that operated for the entire year. Of 

these firms, a total of 1,400 had gross 

annual receipts of less than $25 

million.103 Thus, a majority of ‘‘All 

Other Telecommunications’’ firms 

potentially affected by the proposals in 

the Notice can be considered small. 

26. RespOrgs. Responsible 

Organizations, or RespOrgs, are entities 

chosen by toll free subscribers to 

manage and administer the appropriate 

records in the toll-free Service 

Management System for the toll-free 

subscriber.104 Although RespOrgs are 

often wireline carriers, they can also 

include non-carrier entities. Therefore, 

in the definition herein of RespOrgs, 

two categories are presented, i.e., Carrier 

RespOrgs and Non-Carrier RespOrgs. 

27. Carrier RespOrgs. Neither the 

Commission, the U.S. Census, nor the 

SBA have developed a definition for 

Carrier RespOrgs. Accordingly, the 

Commission believes that the closest 

NAICS code-based definitional 

categories for Carrier RespOrgs are 

Wired Telecommunications Carriers,105

and Wireless Telecommunications 

Carriers (except satellite).106

28. The U.S. Census Bureau defines 

Wired Telecommunications Carriers as 

establishments primarily engaged in 

operating and/or providing access to 

transmission facilities and infrastructure 

that they own and/or lease for the 

transmission of voice, data, text, sound, 

and video using wired communications 

networks. Transmission facilities may 

be based on a single technology or a 

combination of technologies. 

Establishments in this industry use the 

wired telecommunications network 

facilities that they operate to provide a 

variety of services, such as wired 

telephony services, including VoIP 

services, wired (cable) audio and video 

programming distribution, and wired 

broadband internet services. By 

exception, establishments providing 

satellite television distribution services 

using facilities and infrastructure that 

they operate are included in this 

industry.107 The SBA has developed a 

small business size standard for Wired 

Telecommunications Carriers, which 

consists of all such companies having 

1,500 or fewer employees.108 Census 

data for 2012 show that there were 3,117 

Wired Telecommunications Carrier 

firms that operated for that entire year. 

Of that number, 3,083 operated with 

less than 1,000 employees.109 Based on 

that data, we conclude that most Carrier 

RespOrgs that operated with wirelinebased technology are small. 

29. The U.S. Census Bureau defines 

Wireless Telecommunications Carriers 

(except satellite) as establishments 

engaged in operating and maintaining 

switching and transmission facilities to 

provide communications via the 

airwaves, such as cellular services, 

paging services, wireless internet access, 

and wireless video services.110 The 

appropriate size standard under SBA 

rules is that such a business is small if 

it has 1,500 or fewer employees.111

Census data for 2012 show that 967 

Wireless Telecommunications Carriers 

operated in that year. Of that number, 

955 operated with less than 1,000 

employees.112 Based on that data, we 

conclude that the majority of Carrier 

RespOrgs that operated with wirelessbased technology are small. 

30. Non-Carrier RespOrgs. Neither the 

Commission, the U.S. Census, nor the 

SBA have developed a definition of 

Non-Carrier RespOrgs. Accordingly, the 

Commission believes that the closest 

NAICS code-based definitional 

categories for Non-Carrier RespOrgs are 

‘‘Other Services Related to 

Advertising’’ 113 and ‘‘Other 

Management Consulting Services.’’ 114

31. The U.S. Census defines Other 

Services Related to Advertising as 

comprising establishments primarily 

engaged in providing advertising 

services (except advertising agency 

services, public relations agency 

services, media buying agency services, 

media representative services, display 

advertising services, direct mail 

advertising services, advertising 

material distribution services, and 

marketing consulting services).115 The 

SBA has established a size standard for 

this industry as annual receipts of $15 

million dollars or less.116 Census data 

for 2012 show that 5,804 firms operated 

in this industry for the entire year. Of 

that number, 5,249 operated with 

annual receipts of less than $10 

million.117 Based on that data we 

conclude that the majority of NonCarrier RespOrgs who provide toll-free 

number (TFN)-related advertising 

services are small. 

32. The U.S. Census defines Other 

Management Consulting Services as 

establishments primarily engaged in 

providing management consulting 

services (except administrative and 

general management consulting; human 

resources consulting; marketing 

consulting; or process, physical 

distribution, and logistics consulting). 

Establishments providing 

telecommunications or utilities 

management consulting services are 

included in this industry.118 The SBA 

has established a size standard for this 

industry of $15 million dollars or 

less.119 Census data for 2012 show that 

3,683 firms operated in this industry for 

that entire year. Of that number, 3,632 

operated with less than $10 million in 

annual receipts.120 Based on this data, 

we conclude that a majority of noncarrier RespOrgs who provide TFNrelated management consulting services 

are small.121

33. In addition to the data contained 

in the four (see above) U.S. Census 

NAICS code categories that provide 

definitions of what services and 

functions the Carrier and Non-Carrier 


sradovich on DSK3GMQ082PROD with PROPOSALS
50606 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules 

122 5 U.S.C. 603(c)(1) through (c)(4). 

RespOrgs provide, Somos, the trade 

association that monitors RespOrg 

activities, compiled data showing that 

as of July 1, 2016, there were 23 

RespOrgs operational in Canada and 436 

RespOrgs operational in the United 

States, for a total of 459 RespOrgs 

currently registered with Somos. 

B. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

34. This FNPRM does not propose any 

changes to the Commission’s current 

information collection, reporting, 

recordkeeping, or compliance 

requirements. 

C. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

35. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

approach, which may include the 

following four alternatives, among 

others: (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.122

36. The FNPRM seeks comment 

regarding: (1) Adopting a new fivetiered flat rate methodology for 

assessing regulatory fees for terrestrial 

and satellite international bearer circuits 

(IBCs), revising the current five-tiered 

methodology for submarine cable 

systems, and adopting a new fee 

category for all holders of section 214 

international authority and (2) revising 

the calculation for cable television 

‘‘Bulk Rate Customers.’’ The proposals 

to adopt a flat five-tier methodology for 

terrestrial and satellite IBCs might 

provide relief to smaller entities that 

would fall into the lowest tier. The 

proposal to revise the calculation for 

Bulk Rate Customers for cable 

television, in multiple dwelling units 

(MDUs), may affect small cable 

operators who provide service to MDUs. 

We are seeking comment on this issue 

so that we can improve the calculation 

of customers in MDUs. 

D. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

37. None. 

IV. Ordering Clause 

38. Accordingly, it is ordered that, 

pursuant to section 9 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 159, this Further 

Notice of Proposed Rulemaking is 

hereby adopted. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

[FR Doc. 2017–23215 Filed 10–31–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2016–0127; 

FXES11130900000 167 FF09E42000] 

RIN 1018–BB39 

Endangered and Threatened Wildlife 

and Plants; Removing Trichostema 

austromontanum ssp. compactum 

(Hidden Lake Bluecurls) From the 

Federal List of Endangered and 

Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 

that we are reopening the comment 

period for the proposed rule to remove 

the plant Trichostema austromontanum 

ssp. compactum (Hidden Lake 

bluecurls) from the Federal List of 

Endangered and Threatened Plants on 

the basis of recovery. We are reopening 

the comment period for this proposed 

rule for 30 days in order to publish a 

legal notice and to give all interested 

parties further opportunity to comment 

on the proposed rule. Comments 

previously submitted need not be 

resubmitted, as they will be fully 

considered in preparing the final 

delisting determination. 

DATES: The comment period on the 

proposed rule that published January 5, 

2017 (82 FR 1297), is reopened. We will 

accept comments received or 

postmarked on or before December 1, 

2017. 

ADDRESSES: Comment submission: You 

may submit comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R8–ES–2016–0127, which is 

the docket number for this rulemaking. 

Then click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rules link to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment Now!’’. 

(2) By hard copy: Submit by U.S. mail 

or hand-deliver to: Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2016–0127, U.S. Fish and Wildlife 

Service, MS: BPHC; 5275 Leesburg Pike, 

Falls Church, VA 22041–3803. We 

request that you send comments only by 

the methods described above. We will 

post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us. 

Document availability: A copy of the 

draft post-delisting monitoring plan 

referenced throughout the proposed rule 

can be viewed at http://ecos.fws.gov/ 

ecp0/profile/speciesProfile?sId=1285, at 

http://www.regulations.gov under 

Docket No. FWS–R8–ES–2016–0127, or 

at the Carlsbad Fish and Wildlife 

Office’s Web site at http://www.fws.gov/ 

Carlsbad/. 

FOR FURTHER INFORMATION CONTACT: G. 

Mendel Stewart, Field Supervisor, 

Carlsbad Fish and Wildlife Office, 2177 

Salk Avenue, Suite 250, Carlsbad, CA 

92008; telephone 760–431–9440; 

facsimile (fax) 760–431–5901. If you use 

a telecommunications device for the 

deaf (TDD), call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: On 

January 5, 2017, we published a 

proposed rule to remove the plant 

Trichostema austromontanum ssp. 

compactum (Hidden Lake bluecurls) 

from the Federal List of Endangered and 

Threatened Plants on the basis of 

recovery (82 FR 1297). We sought 

information, data, and comments from 

the public regarding the proposal for 60 

days, ending March 6, 2017. We are 

reopening the comment period on the 

proposed rule for an additional 30 days 

(see DATES). We will accept written 

comments and information during this 

reopened comment period. Please refer 

to the proposed rule for more 

information on our proposed action and 

the specific information we seek. 

You may submit your comments and 

materials by one of the methods listed 

in ADDRESSES. Before including your 

address, phone number, email address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. All 


sradovich on DSK3GMQ082PROD with PROPOSALS