[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65122-65123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27064]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 94-102; DA 02-2560]


Small Business Size Standards

AGENCY: Federal Communications Commission.

ACTION: Notice; comments invited.

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SUMMARY: The Commission seeks comment on a proposed special small 
business size standard for Tier III wireless carriers in the Enhanced 
911 (E911) proceeding. This action is taken pursuant to a requirement 
in the Small Business Act.

DATES: Comments are due on or before November 6, 2002, and reply 
comments are due on or before November 21, 2002.

ADDRESSES: Parties who choose to file by paper must file an original 
and four copies of each filing. All filings must be addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554. A copy should also be sent to Jennifer Tomchin, Room 3C-400, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554.

FOR FURTHER INFORMATION CONTACT: Jennifer Tomchin, Attorney, 202-418-
1310.

SUPPLEMENTARY INFORMATION:
    1. On July 26, 2002, the Commission adopted an Order (E911 Small 
Carriers Order) staying certain wireless enhanced 911 (E911) Phase II 
deployment deadlines for Tier II and Tier III carriers, with 
conditions. (See Order to Stay in CC Docket No. 94-102, FCC 02-210, 
released July 26, 2002.) Pursuant to this Order, Tier II carriers were 
defined as non-nationwide carriers that had over 500,000 subscribers as 
of year-end 2001, and Tier III carriers were defined as all other non-
nationwide carriers. In the E911 Small Carriers Order, the Commission 
noted that it would solicit public comment on the proposed size 
standard for Tier III carriers, in accordance with Section 121.902(b) 
of the SBA's small business size regulations. The Commission now seeks 
comment on this matter for purposes of obtaining SBA approval of the 
Tier III size standard. This action will not affect the deadlines or 
conditions set forth in the E911 Small Carriers Order, including 
applicable reporting requirements.
    2. In the E911 Small Carriers Order, the Commission defined Tier 
II, or mid-size carriers, as those non-nationwide carriers with over 
500,000 subscribers as of year-end 2001. The Commission

[[Page 65123]]

defined Tier III carriers as all other non-nationwide carriers. The 
Commission found this to be the appropriate level to distinguish 
between Tier II and Tier III carriers, noting that each of the Tier II 
carriers reported over $85 million in annual revenues for 2001, and 
thus should have sufficient resources to pursue an E911 Phase II 
solution more quickly than the smaller carriers. The Commission 
reasoned that relatively larger carriers should have a greater ability 
to obtain location technologies in a shorter period of time as compared 
with the smallest carriers. Additionally, a standard based on number of 
subscribers rather than the number of employees may more accurately 
reflect the size of the carrier's wireless network and as a result, the 
scope of work required to implement Phase II service.
    3. Interested parties may file comments on or before November 6, 
2002, and reply comments on or before November 21, 2002. Comments may 
be filed using the Commission's Electronic Comment Filing System (ECFS) 
or by filing paper copies.
    4. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the filing to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic copy by Internet e-mail. To get filing instructions for e-
mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message: ``get 
form .'' A sample form and directions 
will be sent in reply. Commenters also may obtain a copy of the ASCII 
Electronic Transmittal Form (FORM-ET) at http://www.fcc.gov/e-file/email.html.
    5. 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, commenters 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 (although we continue to experience delays in 
receiving U.S. Postal Service mail). The Commission's contractor, 
Vistronix, Inc., will receive hand-delivered or messenger-delivered 
paper filings for the Commission's Secretary at 236 Massachusetts 
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this 
location 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. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service 
first-class mail, Express Mail, and Priority Mail should be addressed 
to 445 12th Street, SW., Washington, DC 20554. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission. A copy should also be sent to 
Jennifer Tomchin, 445 12th Street, SW., Room 3-C400, Washington, DC 
20554.
    6. Regardless of whether parties choose to file electronically or 
by paper, parties should also file one copy of any documents filed in 
this docket with the Commission's copy contractor, Qualex 
International, Portals II, 445 12th Street SW., CY-B402, Washington, DC 
20554 (telephone 202-863-2893; facsimile 202-863-2898) or via e-mail at 
[email protected]. In addition, one copy of each submission must be 
filed with the Chief, Policy Division, Wireless Telecommunications 
Bureau, 445 12th Street, SW., Washington, DC 20554. Documents filed in 
this proceeding will be available for public inspection during regular 
business hours in the Commission's Reference Information Center, 445 
12th Street, SW., Washington, DC 20554, and will be placed on the 
Commission's Internet site.

Federal Communications Commission.
James D. Schlichting,
Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 02-27064 Filed 10-22-02; 8:45 am]
BILLING CODE 6712-01-P