[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Rules and Regulations]
[Pages 23611-23613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10854]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 10-90, WT Docket No. 10-208; DA 18-427]


Connect America Fund; Universal Service Reform--Mobility Fund

AGENCY: Federal Communications Commission.

ACTION: Final action; requirements and procedures.

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SUMMARY: In this document, the Wireless Telecommunications Bureau and 
Wireline Competition Bureau (the

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Bureaus) reconsider certain aspects of the Mobility Fund Phase II (MF-
II) challenge process procedures on their own motion and modify certain 
parameters for speed test measurements needed to file a successful 
challenge to an area that is initially deemed ineligible for MF-II 
support.

DATES: Effective June 21, 2018.

ADDRESSES: Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auctions and Spectrum Access Division, Jonathan McCormack, at (202) 
418-0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Bureaus' Order on 
Reconsideration (MF-II Challenge Process Order on Reconsideration), WC 
Docket No. 10-90, WT Docket No. 10-208, DA 18-427, adopted on April 30, 
2018 and released on April 30, 2018. The complete text of this document 
is available for public inspection and copying from 8:00 a.m. to 4:30 
p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 
11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 
12th Street SW, Room CY-A257, Washington, DC 20554. The complete text 
is also available on the Commission's website at https://apps.fcc.gov/edocs_public/attachmatch/DA-18-427A1.docx. Alternative formats are 
available to persons with disabilities by sending an email to 
[email protected] or by calling the Consumer & Governmental Affairs Bureau 
at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, the 
Commission has prepared a Final Regulatory Flexibility Certification 
(Certification) certifying that the requirements of the MF-II Challenge 
Process Order on Reconsideration will not have a significant economic 
impact on a substantial number of small entities. The Certification is 
set forth in Section IV of the MF-II Challenge Process Order on 
Reconsideration, and is summarized below. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of the MF-II Challenge Process Order on Reconsideration, including 
the Certification, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA).

Paperwork Reduction Act

    The MF-II Challenge Process Order on Reconsideration does not 
contain new or modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.

Congressional Review Act

    The Commission will send a copy of the MF-II Challenge Process 
Order on Reconsideration in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act (CRA), 
see 5 U.S.C. 801(a)(1)(A).

I. Introduction

    1. On February 27, 2018, the Rural Broadband Auctions Task Force, 
in conjunction with the Wireline Competition Bureau and the Wireless 
Telecommunications Bureau (the Bureaus), released the MF-II Challenge 
Process Procedures Public Notice, 83 FR 13417, March 29, 2018, 
establishing the procedures to be used in the MF-II challenge process. 
The Bureaus reconsider certain aspects of those procedures on their own 
motion and increase the maximum distance between speed test 
measurements to 800 meters (approximately one-half of one mile) and the 
associated buffer radius to 400 meters (approximately one-quarter of 
one mile).

II. Background

    2. In the MF-II Challenge Process Procedures Public Notice, the 
Bureaus determined, consistent with the Commission's decision in the 
MF-II Challenge Process Order, 82 FR 42473, September 8, 2017, that 
speed test measurements submitted to support and/or respond to a 
challenge to an area that is initially deemed ineligible for MF-II 
support must be no more than one-half of one kilometer (500 meters) 
apart from one another. The Bureaus also decided to assess challenges 
using a uniform grid with cells of one square kilometer and a 
``buffer'' with a radius equal to one-half of the maximum distance 
parameter, i.e., one-quarter of one kilometer (250 meters). Subsequent 
to the release of the MF-II Challenge Process Procedures Public Notice, 
RWA submitted detailed data regarding the burden a challenger would 
experience as a result of these decisions.

III. Discussion

    3. Under Section 1.113(a) of the Commission's rules, 47 CFR 
1.113(a), the Bureaus may modify or set aside any action taken pursuant 
to their delegated authority on their own motion within 30 days of the 
publication of the action in the Federal Register. In this case, the 
MF-II Challenge Process Procedures Public Notice was published in the 
Federal Register on March 29, 2018, thus allowing the Bureaus until 
April 30, 2018 to reconsider those procedures. Based on new evidence in 
the record, the Bureaus now modify the requirement that speed test 
measurements must be taken no further than one-half of one kilometer 
apart from one another, which resulted in a buffer radius of one-
quarter of one kilometer.
    4. In the MF-II Challenge Process Procedures Public Notice, the 
Bureaus stated that they were not persuaded by the evidence in the 
record that adopting their proposal to use a one square kilometer grid 
cell and a buffer radius of one-quarter of one kilometer to assess 
challenges would create an ``insurmountable burden.'' Upon 
consideration of new evidence in the record, which was unavailable at 
the time of our prior decision, the Bureaus are now persuaded that 
applying a buffer radius of one-quarter of one kilometer may be unduly 
burdensome to some challengers. Since the Commission determined in the 
MF-II Challenge Process Order that the radius of the buffer will equal 
one-half of the maximum distance parameter, the Bureaus will require 
that speed test measurements be taken no further than 800 meters 
(eight-tenths of one kilometer) apart from one another, resulting in an 
associated buffer radius of 400 meters (four-tenths of one kilometer). 
These modified parameters will reduce the number of speed test 
measurements needed to file a successful challenge.

V. Procedural Matters

A. Congressional Review Act

    5. The Commission will send a copy of the MF-II Challenge Process 
Order on Reconsideration to Congress and the Government Accountability 
Office, pursuant to the Congressional Review Act.

B. Paperwork Reduction Act Analysis

    6. This document does not contain new or modified information 
collection requirements subject to the PRA. 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.

C. Final Regulatory Flexibility Certification

    6. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be

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prepared for a notice-and-comment rulemaking proceeding, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' The RFA generally defines the term ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A ``small business 
concern'' is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the SBA.
    7. As required by the RFA, the Commission prepared Initial 
Regulatory Flexibility Analyses (IRFAs) in connection with the USF/ICC 
Transformation FNPRM, 76 FR 78383, December 16, 2011, the 2014 CAF 
FNPRM, 79 FR 39195, July 9, 2014, and the MF-II FNPRM, 82 FR 13413, 
March 13, 2017 (collectively, MF-II FNPRMs). A Supplemental Initial 
Regulatory Flexibility Analysis (Supplemental IRFA) was also filed in 
the MF-II Challenge Process Comment Public Notice, 82 FR 51180, 
November 3, 2017, in this proceeding. The Commission sought written 
public comment on the proposals in the MF-II FNPRMs and in the MF-II 
Challenge Process Comment Public Notice, including comments on the 
IRFAs and Supplemental IRFA. The Commission received three comments in 
response to the MF-II FNPRM IRFA. Those comments were addressed in the 
MF-II Challenge Process Order Final Regulatory Flexibility Analysis. No 
comments were filed addressing the other IRFAs or the Supplemental 
IRFA. The Commission included Final Regulatory Flexibility Analyses in 
connection with the 2014 CAF Order, 79 FR 39163, July 9, 2014, the MF-
II Order, 82 FR 15422, March 28, 2017, and the MF-II Challenge Process 
Order, and a Supplemental Final Regulatory Flexibility Analysis in 
connection with the MF-II Challenge Process Procedures Public Notice.
    8. The MF-II Challenge Process Order on Reconsideration modifies 
the Bureaus' decision in the MF-II Challenge Process Procedures Public 
Notice that speed test measurements submitted to support and/or respond 
to a challenge to an area that is initially deemed ineligible for MF-II 
support must be no more than one-half of one kilometer (500 meters) 
apart from one another. The MF-II Challenge Process Order on 
Reconsideration increases the maximum distance parameter to 800 meters 
(approximately one-half of one mile) and, correspondingly, increases 
the associated buffer radius used to assess challenges to 400 meters 
(approximately one-quarter of one mile). By reducing the number of 
speed test measurements needed to submit a successful challenge, the 
Bureaus expect that these modified parameters will reduce the burden on 
potential challengers. Therefore, the Bureaus certify that the 
requirements of the MF-II Challenge Process Order on Reconsideration 
will not have a significant economic impact on a substantial number of 
small entities.
    9. The Commission will send a copy of the MF-II Challenge Process 
Order on Reconsideration, including a copy of this Final Regulatory 
Flexibility Certification, in a report to Congress pursuant to the 
Congressional Review Act. In addition, the MF-II Challenge Process 
Order on Reconsideration and this final certification will be sent to 
the Chief Counsel for Advocacy of the SBA, and will be published in the 
Federal Register.

VI. Ordering Clauses

    10. Accordingly, it is ordered, pursuant to the authority contained 
in Sections 4(i), 254, 303(r), and 332 of the Communications Act of 
1934, as amended, and Section 706 of the Telecommunications Act of 
1996, 47 U.S.C. 154(i), 254, 303(r), 332, 1302, and Section 1.113(a) of 
the Commission's rules, 47 CFR 1.113(a), that the MF-II Challenge 
Process Order on Reconsideration is adopted.
     Pursuant to Section 1.103 of the Commission's rules, 47 
CFR 1.103, the MF-II Challenge Process Order on Reconsideration shall 
become effective 30 days after the date of publication in the Federal 
Register.
     The Commission shall send a copy of the MF-II Challenge 
Process Order on Reconsideration to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
     The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the MF-II Challenge 
Process Order on Reconsideration, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

Federal Communications Commission.
Gary Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2018-10854 Filed 5-21-18; 8:45 am]
 BILLING CODE 6712-01-P