(e) CLEARINGHOUSE FUNCTIONS.—The Board, and
its staff, shall serve as a point of review for complaints,
criticisms, and suggestions concerning policies and activi-
ties of the Commission, and of any other department or
agency of the Federal Government, which affect the re-
ceipt of telecommunications services (including informa-
tion services and advanced services) in rural America.
(f) ANALYSIS OF COMMISSION REVIEW.—The Board
shall do an analysis of the Commission’s biennial review
of the status of telecommunications in rural America (as
defined in section 8) within 90 days of the Commission’s
submittal of this report to Congress.
(g) GENERAL ADMINISTRATIVE AUTHORITY.—
(1) EXPERTS.—The Chair of the Board may
procure temporary and intermittent services to the
extent authorized by section 3109 of title 5, United
States Code, for purposes of the activities of the
Board under this section.
(2) CONSULTATION.—The Board, and its staff,
may consult with individuals and entities including
Federal, State, and local governmental departments
and agencies, rural telephone companies, rural wire-
less carriers, organizations representing rural tele-
phone companies and rural wireless carriers and or-
ganizations representing rural consumers, possessing
such expertise as the Board considers appropriate
for purposes of the activities of the Board under this
section.
SEC. 7. RURAL IMPACT ANALYSIS.
(a) DESCRIPTION OF RURAL IMPACT ANALYSIS.—
(1) The rural impact analysis is a document
that shall be submitted to the Chairman and mem-
bers of the Commission, the relevant Bureau chiefs,
and other relevant Federal Communications Com-
mission staff.
(2) The rural impact analysis shall be sub-
mitted in a manner that will not unduly delay any
Commission rulemaking or other Commission pro-
ceeding.
(3) Until the Commission receives a rural im-
pact analysis, the Commission may not finalize or
adopt any rulemaking or other Commission pro-
ceeding when the Commission knows, or should
know, that the Board is, or will be, submitting a
rural impact analysis.
(4) The final rural impact analysis shall be sub-
mitted within 20 business days prior to the Commis-
sion’s consideration of a final rule.
(5) The Commission shall review any rural im-
pact analysis submitted by the Board in a timely
manner. The Commission’s review shall not unduly
delay any Commission rulemaking or other Commis-
sion proceeding.
(6) If the Commission rejects the findings in
the rural impact analysis in the final Commission’s
rulemaking or other Commission proceeding, then
the Commission shall state specific justifications as
to why the rural impact analysis was rejected. The
Commission shall issue a statement of the specific
factual, policy, or legal reasons for selecting the al-
ternative adopted in the final rule, order, or other
decision and why each one of the other significant
alternatives to the rule considered by the Commis-
sion, as raised in the rural impact analysis, which
affect the impact on rural telephone companies and
rural wireless carriers was rejected.
(7) The rural impact analysis is considered sub-
mitted for purposes of this subsection when the
Board publishes the rural impact analysis in the
Federal Register.
(b) INITIAL RURAL IMPACT ANALYSIS.—
(1) The initial rural impact analysis shall de-
scribe the impact of the proposed rule on rural tele-
phone companies and rural wireless carriers.
(2) Each initial rural impact analysis required
under this section shall contain—
(A) a description of the reasons why action
by the agency that may affect rural telephone
companies and rural wireless carriers is being
considered;
(B) a succinct statement of the objectives
of, and legal basis for, the proposed rule;
(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; and
(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 how the attend-
ant expenses are appropriate or inappropriate
for rural telephone companies and rural wire-
less carriers.
(3) Each initial rural impact analysis shall also
contain a description of specific considerations the
Commission should give to the differing cir-
cumstances experienced by rural telephone compa-
nies and rural wireless carriers, and specific steps
the Commission should take to account for and defer
to these differences.
(4) Each initial rural impact analysis shall also
contain a detailed description of any specific signifi-
cant alternatives to the proposed rule the Commis-
sion should consider, which would accomplish the
stated objectives of applicable statutes and which
minimize any significant economic impact of the pro-
posed rule on rural telephone companies and rural
wireless carriers. The Commission cannot rely solely
on public comments to suggest alternatives, although
such comments shall be considered throughout the
proceeding. Consistent with the stated objectives of
applicable statutes, the initial rural impact analysis
shall discuss specific significant alternatives which
must be explicitly considered by the Commission, in-
cluding (but not limited to)—
(A) the establishment of differing compli-
ance or reporting requirements or timetables
that take into account the limited resources
available to rural telephone companies and rural
wireless carriers and other mitigating factors;
(B) the clarification, consolidation, or sim-
plification of compliance and reporting require-
ments under the rule for rural telephone com-
panies and rural wireless carriers;
(C) the use of performance rather than de-
sign standards; and
(D) an exemption from coverage of the
rule, or any part thereof, for rural telephone
companies and rural wireless carriers.
(5) The initial rural impact analysis shall be
submitted to the Chairman and members of the
Commission, the relevant Bureau chiefs, and other
relevant Federal Communications Commission staff.