[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34525-34527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09815]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 54

[GN Docket No. 20-32, WT Docket No. 10-208 (Closed); FCC 20-52; FRS 
16722]


Establishing a 5G Fund for Rural America; Universal Service 
Reform--Mobility Fund

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) summarizes the Commission's Order in GN Docket No. 
20-32, adopted on April 23, 2020 and released on April 24, 2020 and its 
directive regarding methodologies for use of an adjustment factor and 
for disaggregation of legacy high-cost support for mobile carriers and 
to implement those methodologies to the extent such action is supported 
by the resulting record and the outcome of the 5G Fund proceeding. The 
Commission also announces the closing of WT Docket No. 10-208 and makes 
administrative amendments to the Commission's rules to clarify the 
Office of Economics and Analytics' functions and delegated authority.

DATES: Effective June 5, 2020.

FOR FURTHER INFORMATION CONTACT: Kelly A. Quinn, Office of Economics 
and Analytics, (202) 418-0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in GN Docket No. 20-32, adopted on April 23, 2020 and released on April 
24, 2020 (Order). The full text of the Order is available for public 
inspection during regular business hours in the FCC Reference 
Information Center, Room CY-A257, 445 12th Street SW, Washington, DC 
20554, except when Commission Headquarters is otherwise closed to 
visitors. See Public Notice, Restrictions on Visitors to FCC 
Facilities, that appeared on the Commission website March 12, 2020, or 
by using the search function on the Commission's ECFS web page at 
https://www.fcc.gov/ecfs/. It is also available on the Commission's 
website at https://www.fcc.gov/document/fcc-proposes-5g-fund-rural-america-0. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

A. Directive Regarding an Adjustment Factor

    1. In the 5G Fund notice of proposed rulemaking (5G Fund NPRM), 85 
FR 31616, May 26, 2020, adopted concurrently with the Order, the 
Commission proposes to use an adjustment factor to promote better 
distribution of limited high-cost universal service funds in a 5G Fund 
auction, and to incorporate an adjustment factor into its proposed 
framework to disaggregate legacy high-cost support for competitive ETCs 
and transition to support under the 5G Fund. Consistent with their 
existing authority concerning the distribution of universal service 
support, the Order directs the Office of Economics and Analytics and 
the Wireline Competition Bureau to propose and seek comment on (1) 
adjustment factor values and the underlying methodologies that could be 
used to develop them; and (2) a process by which the adjustment factor 
could be applied to the disaggregation of legacy support consistent 
with the use of such a factor as proposed in the 5G Fund NPRM.
    2. The Order further directs the Office of Economics and Analytics 
and Wireline Competition Bureau to establish adjustment factor values 
and a process by which to apply an adjustment factor to the 
disaggregation of support that are supported by the record established 
in response to their proposals, provided such action is consistent with 
the actions that the Commission takes in the 5G Fund proceeding (GN 
Docket No. 20-32). Following any such action to establish an adjustment 
factor value and process by which to apply it to the disaggregation of 
legacy support, the Order also directs the Office of Economics and 
Analytics and Wireline Competition Bureau to resolve any disputes 
regarding attribution of legacy support and, once the disaggregation 
process is completed, to release a public notice detailing the 
disaggregated support.

B. Closing WT Docket No. 10-208

    3. WT Docket No. 10-208 was opened in 2010 with the release of the 
Universal Service Reform; Mobility Fund Notice of Proposed Rulemaking, 
75 FR 67060, Nov. 1, 2010, 75 FR 69374, Nov. 12, 2010, which sought 
comment on the creation of Mobility Fund Phase I to distribute one-time 
high-cost universal service support by reverse auction to mobile 
service providers to build current- and next-generation wireless 
networks. WT Docket No. 10-208 continued to be used for Mobility Fund 
Phase I matters and for proceedings addressing issues regarding the 
provision of ongoing support for 4G LTE through Mobility Fund Phase II. 
The Commission stated in the Mobility Fund Phase II Report and Order, 
82 FR 15422, Mar. 28, 2017, that a goal of Mobility Fund Phase II was 
to ``target universal service funding to support the deployment of the 
highest level of mobile service available today.'' In light of the 
arrival of 5G technology, the Commission adopted the 5G Fund NPRM, 
which proposes to provide funds to help close the digital divide and 
ensure all Americans have access to 5G networks and supersedes the 
Mobility Fund proceedings.
    4. Because no further action is required or contemplated regarding 
WT Docket No. 10-208, the Commission closes it. Pending matters and 
statutory obligations regarding Mobility Fund Phase I and Mobility Fund 
Phase II are transferred to two dockets: GN Docket No. 19-367, and new 
GN Docket No. 20-104. Pending proceedings regarding Mobility Fund Phase 
II, including waivers and challenges, are hereby transferred to GN 
Docket No. 19-367, which is dedicated to the Mobility Fund Phase II 
Challenge Process. Section 54.1009(c) of the Commission's rules is 
revised to require Mobility Fund Phase

[[Page 34526]]

I annual reports to be filed in GN Docket No. 20-104. All pending 
Mobility Fund Phase I waivers are hereby transferred to GN Docket No. 
20-104.

C. Clarifying Amendments Concerning Office of Economics and Analytics 
Functions and Delegated Authority

    5. In January 2018, the Commission adopted an Order, 83 FR 63073, 
Dec. 7, 2018, that established the Office of Economics and Analytics 
and, among other things, generally shifted the functions of the 
Auctions and Spectrum Access Division in the Wireless 
Telecommunications Bureau to the Office of Economics and Analytics. The 
Commission amended its rules to establish the Office of Economics and 
Analytics' functions and delegated authority and make other conforming 
rule changes to reflect this new organizational structure. Pursuant to 
5 U.S.C. 553(b)(A) with respect to ``rules of agency organization, 
procedure, or practice,'' the Commission makes certain clarifying 
amendments to Sec. Sec.  0.21, 0.131, and 0.271 of its rules concerning 
the Office of Economics and Analytics' functions and delegated 
authority, to ensure that these rules reflect the intent of the 
Commission's Order establishing the Office of Economics and Analytics.

D. Procedural Matters

    6. Paperwork Reduction Act Analysis. This Order does not contain 
any new or modified information collection requirements that are 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain any new or modified 
information collection burden for 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).
    7. Congressional Review Act. The Commission will not send a copy of 
the Order to Congress and the Government Accountability Office pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of agency organization, procedure, or practice 
that do not ``substantially affect the rights or obligations of non-
agency parties.''

E. Ordering Clauses

    8. It is ordered that, pursuant to the authority contained in 
sections 1, 4, 4(i), 5(b), 5(c), 201(b), 214, 254, 303(r), and 403 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 154(i), 
155(b), 155(c), 201(b), 214, 254, 303(r), and 403, this Order is 
adopted, and that parts 0 and 54 of the Commission's rules, 47 CFR 
parts 0 and 54, are amended as specified in the Final Rules herein, 
effective immediately upon publication in the Federal Register.
    9. It is further ordered that, pursuant to the authority contained 
in sections 154(j) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(j), the proceeding in WT Docket No. 10-208 is terminated and 
its docket shall be closed; all pending proceedings regarding Mobility 
Fund Phase II in WT Docket No. 10-208, including waivers and 
challenges, are hereby transferred to GN Docket No. 19-367; all 
Mobility Fund Phase I annual reports shall heretofore be filed in GN 
Docket No. 20-104; all pending Mobility Fund Phase I waivers in WT 
Docket No. 10-208 are hereby transferred to GN Docket No. 20-104.

List of Subjects

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.

47 CFR Part 54

    Communications common carriers, Health facilities, Infants and 
children, internet, Libraries, Reporting and recordkeeping 
requirements, Schools, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0 and 54 as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority:  47 U.S.C. 155, 225, unless otherwise noted.


0
2. Section 0.21 is amended by:
0
a. Removing paragraph (m);
0
b. Redesignating paragraph (n) as paragraph (m) and revising newly 
redesignated paragraph (m);
0
c. Removing paragraph (o);
0
d. Redesignating paragraphs (p) through (u) as paragraphs (n) through 
(s);
0
e. In newly redesignated paragraph (q), adding ``of this chapter'' at 
the end of the sentence; and
0
f. Adding a new paragraph (t).
    The revisions and addition read as follows:


Sec.  0.21  Functions of the Office.

* * * * *
    (m) Serves as the Commission's principal policy and administrative 
staff resource with regard to auction design and implementation issues. 
Jointly with the Wireless Telecommunications Bureau, Media Bureau, 
Wireline Competition Bureau, and/or other relevant Bureaus and Offices, 
develops, recommends, and administers policies, programs and rules, and 
advises the Commission on policy, engineering, and technical matters, 
concerning auctions of spectrum for wireless telecommunications and 
broadcast services and uses of competitive bidding to achieve other 
Commission policy objectives, including universal service support. 
Administers procurement of auction-related services from outside 
contractors. Oversees auctions conducted on behalf of the Commission by 
third parties at the direction of the Commission. Provides policy, 
administrative, and technical assistance to other Bureaus and Offices 
on auction issues. Advises and makes recommendations to the Commission, 
or acts for the Commission under delegated authority, in all matters 
pertaining to auction implementation. These activities include: 
Conducting auctions, policy development and coordination; conducting 
rulemaking and adjudicatory proceedings, including complaint 
proceedings for matters not within the responsibility of the 
Enforcement Bureau; acting on waivers of rules; 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 auctions, and 
developing and recommending resource deployment priorities. Exercises 
such authority as may be assigned, delegated, or referred to it by the 
Commission.
* * * * *
    (t) Administers part 1, subparts V and W, of this chapter, 
including rulemaking.

0
3. Section 0.131 is amended by revising paragraphs (a) and (c) 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

[[Page 34527]]

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 policies, programs, and rules regarding 
spectrum auctions, and, in cooperation with the Wireline Competition 
Bureau and the Office of Economics and Analytics, 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. Jointly 
with the Office of Economics and Analytics, develops, recommends and 
administers policies, programs and rules concerning licensing of 
spectrum for wireless telecommunications through auctions and advises 
the Commission on policy, engineering, and technical matters relating 
to auctions of spectrum used for other purposes.
* * * * *

0
4. Revise Sec.  0.271 to read as follows:


Sec.  0.271  Authority delegated.

    The Chief, Office of Economics and Analytics, is delegated 
authority to perform all functions and activities described in Sec.  
0.21 (and to perform the specified functions set forth in in paragraphs 
(f) through (i) of this section to the extent they fall within the 
subject matters over which the Office of Economics and Analytics has 
primary authority under Sec.  0.21), subject to the exceptions and 
limitations in paragraphs (a) through (e) of this section:
    (a) The Chief, Office of Economics and Analytics, shall not have 
authority to act on notices of proposed rulemaking and of inquiry, 
final orders in rulemaking proceedings and inquiry proceedings, and 
reports arising from any of the foregoing except such order involving 
ministerial conforming amendments to rule parts and notices and orders 
addressing the detailed procedures for implementation of auctions of 
spectrum and broadcast services and uses of competitive bidding to 
achieve other Commission policy objectives, including universal service 
support.
    (b) The Chief, Office of Economics and Analytics, shall not have 
authority to act on any complaints, petitions, pleadings, requests, or 
other matters presenting new or novel questions of fact, law, or policy 
that cannot be resolved under existing precedents and guidelines.
    (c) The Chief, Office of Economics and Analytics, shall not have 
authority to act on any applications for review of actions taken by the 
Chief, Office of Economics and Analytics pursuant 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.
    (d) The Chief, Office of Economics and Analytics, shall not have 
authority to act on any applications that are in hearing status.
    (e) The Chief, Office of Economics and Analytics, shall not have 
authority to impose, reduce or cancel forfeitures pursuant to the 
Communications Act of 1934, as amended, in amounts of more than 
$80,000. Payments for bid withdrawal, default or to prevent unjust 
enrichment that are imposed pursuant to Section 309(j) of the 
Communications Act of 1934, as amended, and regulations in this chapter 
implementing Section 309(j) governing auction authority, are excluded 
from this restriction.
    (f) 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.
    (g) 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.
    (h) 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 to the extent permitted by Sec.  
1.106 of this chapter.
    (i) 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
5. Section 0.331 is amended by revising paragraph (b) to read as 
follows:


Sec.  0.331  Authority delegated.

* * * * *
    (b) Authority concerning forfeitures and penalties. The Chief, 
Wireless Telecommunications Bureau, shall not have authority to impose, 
reduce, or cancel forfeitures pursuant to the Communications Act of 
1934, as amended, and imposed under regulations in this chapter in 
amounts of more than $80,000 for commercial radio providers and $20,000 
for private radio providers.
* * * * *

PART 54--UNIVERSAL SERVICE

0
6. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
229, 254, 303(r), 403, 1004, and 1302 unless otherwise noted.


0
7. Section 54.1009 is amended by revising paragraph (c) to read as 
follows:


Sec.  54.1009  Annual reports.

* * * * *
    (c) Each annual report shall be submitted to the Office of the 
Secretary of the Commission, clearly referencing GN Docket No. 20-104; 
the Administrator; and the relevant state commissions, relevant 
authority in a U.S. Territory, or Tribal governments, as appropriate.

[FR Doc. 2020-09815 Filed 6-4-20; 8:45 am]
 BILLING CODE 6712-01-P