[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63073-63076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26423]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[MD Docket No. 18-3; FCC 18-7]


Establishment of the Office of Economics and Analytics

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: Establishment of the Office of Economics and Analytics. This 
action is taken to enhance the role of economic analysis, the design 
and implementation of auctions, and the use and management of data at 
the Federal Communications Commission (the Commission or FCC). The 
Commission determined that the proper dispatch of its business and the 
public interest will be served by creating an Office of Economics and 
Analytics (the Office or OEA). In the Order, the Commission amended its 
Rules to reflect the new organizational structure, describe the 
Office's functions and delegated authority, and make other conforming 
changes. The Commission found it appropriate to make these 
organizational changes to integrate the use of economics and data 
analysis into the Commission's various rulemakings and other actions in 
a more comprehensive and thorough manner.

DATES: Effective December 7, 2018.

[[Page 63074]]


FOR FURTHER INFORMATION CONTACT: Wayne Leighton, 202-418-0950.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
in MD Docket No. 18-3; FCC 18-7, adopted on January 30, 2018 and 
released on January 31, 2018. The full text of this document is 
available at https://docs.fcc.gov/public/attachments/FCC-18-7A1.pdf. 
Key objectives of this organizational change are to expand and deepen 
the use of economic analysis into Commission policy making, to enhance 
the development and use of auctions, and to implement consistent and 
effective agency-wide data practices and policies.
    The Office will be charged with ensuring that economic analysis is 
deeply and consistently incorporated into the agency's regular 
operations, and will support work across the FCC and throughout the 
decision-making process. Specifically, it will: (A) Provide economic 
analysis, including cost-benefit analysis, for rulemakings, 
transactions, adjudications, and other Commission actions; (B) manage 
the FCC's auctions in support of and in coordination with FCC Bureaus 
and Offices; (C) develop policies and strategies to help manage the 
FCC's data resources and establish best practices for data use 
throughout the FCC in coordination with FCC Bureaus and Offices; and 
(D) conduct long-term research on ways to improve the Commission's 
policies and processes in each of these areas.
    To accomplish these objectives and functions, the Office of 
Economics and Analytics will combine economists, attorneys, and data 
professionals from across the Commission. In particular, we intend for 
the majority of the Commission's economists currently in multiple 
Bureaus and Offices to staff the Office of Economics and Analytics.
    To accomplish this organizational change, the following actions are 
taken.
     The Commission will eliminate the Office of Strategic 
Planning and Policy Analysis (OSP) and generally shift OSP authorities 
and functions to the Office of Economics and Analytics.
     The Commission will create an Economic Analysis Division 
within the Office of Economics and Analytics. The Economic Analysis 
Division will provide analytical and quantitative support as needed to 
Bureaus and Offices engaged in rulemakings, transactions, auctions, 
adjudications, and other matters.
     The Commission will create an Industry Analysis Division 
within the Office of Economics and Analytics. To accomplish this, the 
Commission will generally shift the functions of the Industry Analysis 
and Technology Division of the Wireline Competition Bureau (WCB) to 
OEA. Through its Industry Analysis Division, OEA will serve as the 
Commission's principal resource with regard to designing and 
administering significant, economically-relevant data collections used 
by a variety of Bureaus and Offices, providing support to Bureaus and 
Offices with respect to these data collections as well as support using 
the data for Continuity of Operations (COOP)/Emergency Response Group 
(ERG)/Incident Management Team (IMT), and performing analyses and 
studies.
     The Commission will create an Auctions Division within the 
Office of Economics and Analytics. To accomplish this, the Commission 
will generally shift the functions of the Auctions and Spectrum Access 
Division in the Wireless Telecommunications Bureau (WTB) to OEA. 
Through its Auctions Division and in consultation with WTB and WCB, OEA 
will serve as the Commission's principal resource with regard to all 
auction design and implementation issues. OEA will collaborate with 
other Bureaus involved in establishing and conducting auctions, such as 
spectrum or universal service auctions.
     The Commission will create a Data Division within the 
Office of Economics and Analytics. The Data Division will help develop 
and implement best practices, processes, and standards for data 
management in order to meet the needs of Commission staff who rely on 
data to inform policymaking and other core activities of the 
Commission.

Paperwork Reduction Act

    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).

Congressional Review Act

    The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules of agency organization, procedure, or practice that do 
not ``substantially affect the rights or obligations of non-agency 
parties.''
    The amendments adopted herein pertain to agency organization, 
procedure, and practice. Consequently, the notice and comment and 
effective date provisions of the Administrative Procedure Act contained 
in 5 U.S.C. 553(b) and (d) do not apply.
    Consistent with the Consolidated Appropriations Act, 2017, this 
reorganization will not become effective until the appropriate 
clearance has been obtained, and the Order has thereafter been 
published in the Federal Register.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to sections 1, 4, 5(b), 
5(c), 201(b), and 303(r) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154, 155(b), 155(c), 201(b), 303(r), this Order is 
adopted.
    It is further ordered that part 0 of the Commission rules is 
amended as set forth in the Final Rules section.
    It is further ordered that this Order will become effective 
December 7, 2018 in accordance with paragraph 7 of the Order (MD Docket 
No. 18-3; FCC 18-7, adopted on January 30, 2018 and released on January 
31, 2018).

List of Subjects in 47 CFR Part 0

    Classified information, Freedom of information, Government 
publications, Infants and children, Organization and functions 
(Government agencies), Postal Service, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 0 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Amend Sec.  0.5 by revising paragraph (a)(4) to read as follows:


Sec.  0.5   General description of Commission organization and 
operations.

    (a) * * *
    (4) Office of Economics and Analytics.
* * * * *

[[Page 63075]]


0
3. Revise Sec.  0.21 and the undesignated center heading immediately 
preceding it to read as follows:

Office of Economics and Analytics


Sec.  0.21   Functions of the Office.

    The Office of Economics and Analytics advises and makes 
recommendations to the Commission in the areas of economic and data 
analysis and data management policy. The Office reviews all Commission 
actions involving significant economic or data analysis and provides 
expertise, guidance, and assistance to the Bureaus and other Offices in 
applying the principles of economic and data analysis. The Office 
coordinates the Commission's research and development activities 
relating to economic and data analysis and data management policy. In 
addition, the Office serves, in close coordination with other relevant 
Bureaus and Offices, as a principal resource for policy and 
administrative staff of the Commission with regard to the design, 
implementation, and administration of auctions. The Office also 
establishes and implements Commission data management policies in 
conjunction with the relevant Bureaus and Offices and with the Office 
of Managing Director and Office of General Counsel. The Office of 
Economics and Analytics has the following duties and responsibilities:
    (a) Identifies and evaluates significant communications policy 
issues, based on the principles and methods of economics and data 
analysis.
    (b) Collaborates with and advises other Bureaus and Offices in the 
areas of economic and data analysis and with respect to the analysis of 
benefits, costs, and regulatory impacts of Commission policies, rules, 
and proposals.
    (c) Prepares a rigorous, economically-grounded cost-benefit 
analysis for every rulemaking deemed to have an annual effect on the 
economy of $100 million or more.
    (d) Confirms that the Office of Economics and Analytics has 
reviewed each Commission rulemaking to ensure it is complete before 
release to the public.
    (e) Reviews and comments on all significant issues of economic and 
data analysis raised in connection with actions proposed to be taken by 
the Commission and advises the Commission regarding such issues.
    (f) Develops, recommends, and implements data management policies 
in conjunction with the Office of Managing Director, the Office of 
General Counsel, and relevant Bureaus and Offices, and collaborates 
with and advises other Bureaus and Offices with respect to data 
management and data analysis.
    (g) Manages the Commission's economic and data analysis research 
programs, recommends budget levels and priorities for these programs, 
and serves as central account manager for all contractual economic and 
data analysis research studies funded by the Commission.
    (h) Conducts economic, statistical, cost-benefit, and other data 
analysis of the impact of existing and proposed communications policies 
and operations, including cooperative studies with other staff units 
and consultant and contract efforts as appropriate.
    (i) Coordinates the Commission's evaluation of government (state 
and federal), academic, and industry-sponsored research affecting 
Commission policy.
    (j) Coordinates with other Bureaus and Offices in making 
recommendations to the Commission on communications policy issues that 
involve economic and data analysis, to include cost-benefit analysis; 
represents the Commission at appropriate discussions and conferences.
    (k) Develops and recommends procedures and plans for effective 
economic and data analysis, to include cost-benefit analysis, within 
the Commission.
    (l) Seeks to ensure that FCC policy encourages and promotes 
competitive markets by providing Bureaus and Offices with the necessary 
support to identify, evaluate, and resolve competition issues.
    (m) In conjunction with the relevant subject matter Bureau, serves 
as the Commission's principal policy and administrative staff resource 
with regard to the design, implementation, and administration of 
auctions and other types of competitive bidding.
    (n) Administers Commission spectrum auctions for wireless 
telecommunications in conjunction with the Wireless Telecommunications 
Bureau. Administers Commission spectrum auctions for broadcasting in 
conjunction with the Media Bureau. Works with the Wireless 
Telecommunications Bureau to develop recommendations to the Commission 
on policies, programs and rules concerning auctions of spectrum for 
wireless telecommunications. In conjunction with the Wireless 
Telecommunications Bureau, Media Bureau, Wireline Competition Bureau, 
and other relevant Bureaus and Offices, advises the Commission on 
policy relating to auctions and competitive bidding to achieve other 
Commission policy objectives. Administers procurement of auction-
related services from outside contractors. Provides policy, 
administrative and technical assistance to other Bureaus and Offices on 
auction issues.
    (o) In conjunction with the Wireline Competition Bureau and 
Wireless Telecommunications Bureau, provides policy and administrative 
staff resources for the use of market-based mechanisms, including 
competitive bidding, to distribute universal service support.
    (p) With respect to applicable data and reporting duties assigned 
to the Office, coordinates with the Public Safety and Homeland Security 
Bureau and other relevant Bureaus and Offices on all matters affecting 
public safety, homeland security, national security, emergency 
management, disaster management, and related issues.
    (q) With respect to applicable data and reporting duties assigned 
to the Office, and in coordination with the Wireline Competition Bureau 
and the Wireless Telecommunications Bureau, provides federal staff 
support for the Federal-State Joint Board on Universal Service and the 
Federal-State Joint Board on Jurisdictional Separations.
    (r) In coordination with other relevant Bureaus and Offices, 
provides economic, financial, and technical analyses of communications 
markets and provider performance.
    (s) In coordination with the Wireline Competition Bureau, provides 
technical support for de novo review of decisions of the Administrative 
Council for Terminal Attachments regarding technical criteria pursuant 
to Sec.  68.614.
    (t) Prepares briefings, position papers, and proposed Commission 
actions, as appropriate.
    (u) In coordination with other relevant Bureaus and Offices, 
develops and recommends responses to legislative, regulatory or 
judicial inquiries and proposals concerning or affecting matters within 
the purview of its functions.

0
4. Amend Sec.  0.31 by revising paragraph (g) to read as follows:


Sec.  0.31   Functions of the Office.

* * * * *
    (g) In cooperation with the relevant Bureaus and Offices, including 
the Office of General Counsel and the Office of Economics and 
Analytics, to advise the Commission, participate in and coordinate 
staff work with respect to general frequency allocation proceedings and 
other proceedings not within the jurisdiction of any single Bureau, and 
render service and advice

[[Page 63076]]

with respect to rule making matters and proceedings affecting more than 
one Bureau.
* * * * *

0
5. Amend Sec.  0.91 by revising paragraph (p) to read as follows:


Sec.  0.91   Functions of the Office.

* * * * *
    (p) In coordination with the Office of Economics and Analytics and 
Wireless Telecommunications Bureau, serves as the Commission's 
principal policy and administrative staff resource with respect to the 
use of market-based mechanisms, including competitive bidding, to 
distribute universal service support. Develops, recommends and 
administers policies, programs, rules and procedures concerning the use 
of market-based mechanisms, including competitive bidding, to 
distribute universal service support.

0
6. Amend Sec.  0.131 by revising paragraphs (a), (c), and (r) to read 
as follows:


Sec.  0.131   Functions of the Bureau

* * * * *
    (a) Advises and makes recommendations to the Commission, or acts 
for the Commission under delegated authority, in all matters pertaining 
to the licensing and regulation of wireless telecommunications, 
including ancillary operations related to the provision or use of such 
services; any matters concerning wireless carriers that also affect 
wireline carriers in cooperation with the Wireline Competition Bureau; 
and, in cooperation with the Office of Economics and Analytics, all 
matters regarding spectrum auctions and, in cooperation with the 
Wireline Competition Bureau, USF mechanisms affecting wireless 
carriers. These activities include: Policy development and 
coordination; conducting rulemaking and adjudicatory proceedings, 
including licensing and complaint proceedings for matters not within 
the responsibility of the Enforcement Bureau; acting on waivers of 
rules; acting on applications for service and facility authorizations; 
compliance and enforcement activities for matters not within the 
responsibility of the Enforcement Bureau; determining resource impacts 
of existing, planned or recommended Commission activities concerning 
wireless telecommunications, and developing and recommending resource 
deployment priorities.
* * * * *
    (c) Serves as a staff resource, in coordination with the Office of 
Economics and Analytics, with regard to the development and 
implementation of spectrum policy through spectrum auctions. Develops, 
recommends and administers policies, programs and rules concerning 
licensing of spectrum for wireless telecommunications through auctions. 
Advises the Commission on policy, engineering and technical matters 
relating to auctions of spectrum used for other purposes.
* * * * *
    (r) In coordination with the Wireline Competition Bureau and the 
Office of Economics and Analytics, develops and recommends policies, 
programs, rules and procedures concerning the use of market-based 
mechanisms, including competitive bidding, to distribute universal 
service support.
* * * * *

0
7. Revise Sec.  0.271 and the undesignated center heading immediately 
preceding it to read as follows:

Office of Economics and Analytics


Sec.  0.271   Authority delegated.

    (a) Insofar as authority is not delegated to any other Bureau or 
Office, the Chief, Office of Economics and Analytics, is delegated 
authority to carry out the performance of functions and activities 
described in Sec.  0.21, provided that the following matters shall be 
referred to the Commission en banc for disposition:
    (1) Notices of proposed rulemaking and of inquiry, final orders in 
rulemaking proceedings and inquiry proceedings and non-editorial orders 
making changes, and any reports arising from any of the foregoing;
    (2) Any petition, pleading, request, or other matter presenting new 
or novel questions of fact, law, or policy that cannot be resolved 
under existing precedents and guidelines; and
    (3) Applications for review of actions taken to delegated 
authority, except that the Chief may dismiss any such application that 
does not comply with the filing requirements of Sec.  1.115(d) and (f) 
of this chapter.
    (4) Any applications that are in hearing status.
    (b) Insofar as authority is not delegated to any other Bureau or 
Office, and with respect only to matters that are not in hearing 
status, the Chief, Office of Economics and Analytics, is delegated 
authority to deny requests for extension of time or to extend the time 
within which comments may be filed in dockets over which the Office of 
Economics and Analytics has primary authority.
    (c) Insofar as authority is not delegated to any other Bureau or 
Office, the Chief, Office of Economics and Analytics, is authorized to 
dismiss or deny petitions for rulemaking that are repetitive or moot or 
that for other reasons plainly do not warrant consideration by the 
Commission.
    (d) The Chief, Office of Economics and Analytics, is authorized to 
dismiss or deny petitions for reconsideration to the extent permitted 
by Sec.  1.429(l) of this chapter and, jointly with the Wireless 
Telecommunications Bureau, to the extent permitted by Sec.  1.106 of 
this chapter.
    (e) The Chief, Office of Economics and Analytics, is delegated 
authority to make nonsubstantive, editorial revisions to the 
Commission's rules and regulations contained in part 1, subparts Q, V, 
W, and AA, of this chapter.

0
8. Add Sec.  0.272 to read as follows:


Sec.  0.272   Record of actions taken.

    The application and authorization files and other appropriate files 
of the Office of Economics and Analytics are designated as the 
Commission's official records of action of the Chief, Office of 
Economics and Analytics, pursuant to authority delegated to the Chief. 
The official records of action are maintained in the Reference 
Information Center in the Consumer and Governmental Affairs Bureau.

0
9. Add Sec.  0.273 to read as follows:


Sec.  0.273   Actions taken under delegated authority.

    In discharging the authority conferred by Sec.  0.271, the Chief, 
Office of Economics and Analytics, shall establish working 
relationships with other Bureaus and staff Offices to assure the 
effective coordination of actions taken in the analysis of regulatory 
impacts, including assessments of paperwork burdens and initial and 
final regulatory flexibility assessments.

[FR Doc. 2018-26423 Filed 12-6-18; 8:45 am]
 BILLING CODE 6712-01-P