The initial rural impact analysis shall be submitted
after the comment period has ended but before the
Commission has adopted its final rule or procedure.
The Commission and all relevant parties are deemed
to have been notified of the release of the initial
rural impact analysis when it is published in the
Federal Register.
(c) FINAL RURAL IMPACT ANALYSIS.—
(1) When the Commission promulgates a final
rule, the Board shall prepare a final rural impact
analysis. Each final rural impact analysis shall
contain—
(A) a succinct statement of the need for,
and objectives of, the rule;
(B) a summary of the significant issues
raised by the public comments, a summary of
the assessment of the Commission of such
issues, a summary of any assessment of the
Board, and a statement of any changes made in
the proposed rule as a result of such comments
and assessments;
(C) a description of and, where feasible, an
estimate of the number of rural telephone com-
panies and rural wireless carriers to which the
proposed rule will apply;
(D) a description of any potential impacts
the proposed rule may have on the preservation
and advancement of universal service as out-
lined in section 254 of the Communications Act
of 1934, and the ability of rural telephone com-
panies to continue fulfilling their carrier of last
resort obligations in high-cost, insular, and
rural areas;
(E) a description of any potential impacts
the proposed rule may have on the ability of
rural telephone companies and rural wireless
carriers to deploy advanced services as outlined
in section 706 of such Act;
(F) a description of any reporting, record-
keeping, and other compliance requirements of
the proposed rule that may apply to rural tele-
phone companies and rural wireless carriers, in-
cluding the type of professional skills necessary
for preparation of the report or record, and a
detailed, specific explanation of why the attend-
ant expenses are appropriate for rural telephone
companies and rural wireless carriers; and
(G) a description of the specific steps the
Commission has taken to minimize the eco-
nomic impact on rural telephone companies and
rural wireless carriers consistent with the stated
objectives of applicable statutes.
(2) The Commission shall make copies of the
final rural impact analysis available to members of
the public and shall publish in the Federal Register
such analysis or a summary thereof.
(d) AVOIDANCE OF UNNECESSARY ANALYSES.—Sub-
sections (b) and (c) shall not apply to any proposed or
final rule if the Chair of the Board certifies (based on a
majority vote by the Board members) that the rule will
not, if promulgated, have a significant economic impact
on rural telephone companies and rural wireless carriers
or their ability to provide service. If the Chair of the Board
makes a certification under the preceding sentence, the
Board shall publish such certification in the Federal Reg-
ister within 15 working days of the publication of general
notice of proposed rulemaking for the rule or at the time
of publication of the final rule, along with a statement pro-
viding the factual basis for such certification. The Board
shall provide such certification and statement to the Com-
mission.
(e) REVIEW OF INITIAL RURAL IMPACT ANALYSES.—
If the Board deems that any initial rural impact analysis
is inadequate, flawed, or otherwise questionable, the
Board may at its sole discretion review and revise the
Board’s initial rural impact analysis. The Board has 15
days after the initial rural impact analysis is published
in the Federal Register to review and comment on the ini-
tial rural impact analysis. Such a review must address any
and all issues raised by the Board, either through a thor-
ough justification of the relevant portion or portions of
the review, or by adjusting the review or its attending no-
tice, proposal, or rule, or by a combination of such actions.
The Board shall describe any shortcomings or clarifica-
tions that the Commission shall address.
(f) PREPARATION OF ANALYSES.—In complying with
the provisions of this Act, the Board may provide either
a quantifiable or numerical description of the effects of
a proposed rule or alternatives to the proposed rule. More
general descriptive statements if quantification is not
practicable or reliable, is permitted but shall be as specific
as possible.
(g) PROCEDURE FOR WAIVER OR DELAY OF COM-
PLETION.—The Chairman of the Commission may delay
the review of the rural impact analysis by publishing in
the Federal Register, not later than the date of publication
of the final rule, a written finding, with reasons therefore,
that the final rule is being promulgated in response to an
emergency that makes compliance or timely compliance
with the review of the initial rural impact analysis imprac-
ticable. If any such review is so delayed, the Commission
shall adopt a modification to the final rule within 30 days
of its publication, which reflects its review of the rural im-
pact analysis.
(h) PROCEDURES
FOR GATHERING COMMENTS.—
When any rule is promulgated which will have a signifi-
cant impact on rural telephone companies and rural wire-
less carriers, the Chairman of the Commission, or an offi-
cial with statutory responsibility for the promulgation of
the rule, shall assure that rural telephone companies and
rural wireless carriers have been given an opportunity to
participate in the rulemaking for the rule through the rea-
sonable use of techniques such as—
(1) the inclusion in an advanced notice of pro-
posed rulemaking, if issued, of a statement that the
proposed rule may have a significant economic effect
on a substantial number of rural telephone compa-
nies and rural wireless carriers;
(2) the publication of general notice of proposed
rulemaking in publications likely to be obtained by
rural telephone companies and rural wireless car-
riers;
(3) the direct notification of interested rural
telephone companies and rural wireless carriers and
their representatives;
(4) the conduct of open conferences or public
hearings concerning the rule for rural telephone
companies and rural wireless carriers including solic-
iting and receiving comments over computer net-
works;
(5) the adoption or modification of agency pro-
cedural rules to reduce the cost or complexity of par-
ticipation in the rulemaking by rural telephone com-
panies and rural wireless carriers; and
(6) a thorough review of the Board’s initial
rural impact analysis.
(i) JUDICIAL REVIEW.—
(1)(A) For any rule subject to the requirements
of this section, a rural telephone company or rural
wireless carrier that is adversely affected or ag-
grieved by final Commission action is entitled to ju-
dicial review of Commission compliance with such re-
quirements.
(B) Each court having jurisdiction to review
such rule for compliance shall have jurisdiction to
review any claims of noncompliance with the require-
ments of this section.
(C)(i) A rural telephone company or rural wire-
less carrier may seek such review during the period
beginning on the date of final Commission action
and ending 60 days later.
(ii) In any case where the Commission waives
or delays review of a rural impact analysis, an action
for judicial review under this section shall be filed
not later than 60 days after the date the analysis is
made available to the public, pursuant to subsection
(c)(2).
(D) In granting any relief in an action under
this section, the court shall order the Commission to
take corrective action, including (but not limited
to)—
(i) remanding the rule to the Commission;
and
(ii) deferring the enforcement of the rule
against rural telephone companies and rural
wireless carriers unless the court finds that con-
tinued enforcement of the rule is in the public
interest.
(E) Nothing in this subsection shall be con-
strued to limit the authority of any court to stay the
effective date of any rule or provision thereof under
any other provision of law or to grant any other re-
lief in addition to the requirements of this section.
(2) In an action for the judicial review of a
rule, the rural impact analysis for such rule, includ-
ing an analysis prepared or corrected pursuant to
paragraph (1)(D), shall constitute part of the entire
record of Commission action in connection with such
review.
(3) Compliance or noncompliance by the Com-
mission with the provisions of this section shall be
subject to judicial review only in accordance with
this section.
(4) Nothing in this section bars judicial review
of any other impact statement or similar analysis re-
quired by any other law if judicial review of such
statement or analysis is otherwise permitted by law.
SEC. 8. ADDITIONAL DUTIES FOR THE FEDERAL COMMU-
NICATIONS COMMISSION.
(a) BIENNIAL REVIEW.—The Commission shall issue
a biennial review to Congress evaluating—
(1) the Commission’s progress on measuring
the costs and other effects of regulations of the
Commission on rural telephone companies and rural
wireless carriers; and
(2) the capability of telecommunications car-
riers in rural America to provide quality tele-
communications services (including information serv-
ices and advanced services) at affordable rates in
rural America, in keeping with the requirements of
the Regulatory Flexibility Act (Public Law 104–
121).
(b) STATUS OF TELECOMMUNICATIONS IN RURAL
AMERICA.—Within this biennial review, the Commission
shall report on the status of telecommunications in rural
America. Such report shall include (but is not limited to)
the following:
(1) Universal service.
(2) Advanced services.
(3) Competition in rural areas.
(4) Regulatory burdens facing rural tele-
communications carriers.
(c) COPIES OF COMMENTS.—The Secretary of the
Commission shall transmit to the Board a copy of all com-
ments filed at the Commission in those dockets on which
the Board has determined to prepare a rural impact anal-
ysis.
SEC. 9. SUBMITTAL OF REPORTS.
(a) DIRECT SUBMITTAL.—The Board shall not be re-
quired to submit any report under this Act to any depart-
ment or agency of the Federal Government (including the
Office of Management and Budget or the Commission) be-
fore its submittal under a provision of this section.
(b) DIRECT SUBMITTAL.—The Commission shall not
be required to submit any report under this Act to any
department or agency of the Federal Government (includ-
ing the Office of Management and Budget) before its sub-
mittal under a provision of this section.
SEC. 10. CONSTRUCTION OF BOARD.
The establishment of the Board may not be construed
as modifying in any way the responsibilities of the Chair-
man of the Commission, the Commission, or other offices,
bureaus, or divisions of the Commission to address the ef-
fects of the rules and regulations of the Commission on
the provision of quality telecommunications services (in-
cluding information services and advanced services) at
just, reasonable, and affordable rates in and throughout
rural America.
SEC. 11. BUDGET FORMAT.
The budget of the President for a fiscal year, as sub-
mitted to Congress under section 1105(a) of title 31,
United States Code, shall specify as a separate request
amounts requested for such year for the Board of the
Commission.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Rural
Issues Advisory Board to carry out its activities under this
Act $5,000,000 for each of fiscal years 2003 through
2007.
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