[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Proposed Rules]
[Pages 57097-57102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22102]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[CC Docket No. 02-6; FCC 21-107; FRS 51933]


Schools and Libraries Universal Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
propose to update the definition of library in the Commission's rules 
to provide clarity regarding the eligibility of Tribal libraries and 
promote increased participation of underrepresented Tribal libraries in 
the E-Rate Program. The Federal Communications Commission seeks to 
address a longstanding issue that has impeded Tribal libraries in 
seeking E-Rate support.

DATES: Comments are due on or before November 15, 2021, and reply 
comments are due on or before November 29, 2021.

ADDRESSES: All filings should refer to CC Docket No. 02-6. Comments may 
be filed by paper or by using the Commission's Electronic Comment 
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments and replies may be filed 
electronically by using the internet by accessing ECFS: http://www.fcc.gov/ecfs.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    [ssquf] Filings can be sent by commercial overnight courier or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be

[[Page 57098]]

addressed to 45 L St. NE, Washington, DC 20554.
    [ssquf] Effective March 19, 2020, and until further notice, the 
Federal Communications Commission no longer accepts any hand or 
messenger delivered filings. This is a temporary measure taken to help 
protect the health and safety of individuals, and to mitigate the 
transmission of COVID-19.
    [ssquf] People with Disabilities. 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.

FOR FURTHER INFORMATION CONTACT: Kate Dumouchel, Wireline Competition 
Bureau, (202) 418-7400 or by email at [email protected]. The 
Federal Communications Commission asks that requests for accommodations 
be made as soon as possible in order to allow the agency to satisfy 
such requests whenever possible. Send an email to [email protected] or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0530.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's (Commission) Notice of Proposed Rulemaking 
in CC Docket No. 02-6; FCC 21-107, adopted September 30, 2021 and 
released on October 1, 2021. Due to the COVID-19 pandemic, the Federal 
Communications Commission's headquarters will be closed to the general 
public until further notice. See FCC Announces Closure of FCC 
Headquarters Open Window and Change in Hand-Delivery Policy, Public 
Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy. The 
full text of this document is available at the following internet 
address: https://www.fcc.gov/document/fcc-supports-broadband-tribal-libraries-through-e-rate-0.

I. Introduction

    1. The E-Rate Program provides support to ensure that schools and 
libraries can obtain affordable, high-speed broadband services and 
internal connections to connect today's students and library patrons 
with next-generation learning opportunities and services. The 
Commission proposes to update the definition of library in the 
Commission's rules to provide clarity regarding the eligibility of 
Tribal libraries and promote increased participation of 
underrepresented Tribal libraries in the E-Rate Program. In doing so, 
the Commission seeks to address a longstanding issue that has impeded 
Tribal libraries in seeking E-Rate support.

II. Discussion

    2. Consistent with the 2018 amendments to the LSTA, the Commission 
proposes to update Sec. Sec.  54.500 and 54.501(b)(1) of the 
Commission's rules to adopt the amended definition of library included 
in the LSTA and to clarify that Tribal libraries are eligible for 
support through the E-Rate Program. This amendment will remove the 
outdated reference to the 1996 version of the LSTA in the E-Rate rules, 
make the eligibility rules for the E-Rate Program consistent with those 
of the Emergency Connectivity Fund Program, and promote the increased 
participation of Tribal libraries in the E-Rate Program by making clear 
that Tribal libraries are eligible.
    3. While some Tribal libraries have received E-Rate support to the 
extent the relevant State library administrative agencies determined 
they were eligible for assistance, they are still greatly 
underrepresented among the total number of E-Rate applicants. According 
to a report by the Institute of Museum and Library Services (IMLS) and 
the Association of Tribal Archives, Libraries, and Museums (ATALM), 
only 15 percent of Tribal libraries reported receiving E-Rate support, 
in part, due to eligibility requirements. When establishing the rules 
for the Emergency Connectivity Fund Program, the Commission clarified 
that Tribal libraries were eligible for support under the Emergency 
Connectivity Fund Program. The Commission now proposes to update the E-
Rate rules in a consistent manner to add a Tribal library to the 
definition of library and remove references to the outdated Public Law 
104-208. The Commission proposes these changes in order to clarify that 
because Tribal libraries are statutorily eligible for support from 
State library administrative agencies consistent with 2018 amendments 
to the LSTA, they are therefore eligible for support through the E-Rate 
Program--even if LSTA funds have not been received by a Tribal library. 
The Commission anticipates that this change will resolve existing 
confusion about Tribal libraries' eligibility and facilitate access to 
E-Rate funds. By making Tribal eligibility for E-Rate support clear, 
the Commission seeks to further the goal of increasing Tribal 
libraries' access to advanced telecommunications and information 
services, internal connections, and basic maintenance of internal 
connections through the E-Rate Program. The Commission seeks comment on 
this proposed rule change, as well as what impact, if any, such rule 
change may have on the administration of the E-Rate Program.
    4. The Commission also seeks comment on whether the Commission 
should consider any other measures to ensure Tribal schools and 
libraries have access to the E-Rate Program. Are there opportunities to 
increase participation of these Tribal entities in the E-Rate Program, 
such as through additional trainings or outreach? In 2016, GAO issued 
recommendations to the Commission for expanding Tribal access to E-Rate 
funding. The Commission seeks comment on those recommendations here. 
Specifically, would consultation with other relevant federal agencies, 
such as IMLS or the Department of Interior Bureau of Indian Affairs, 
when developing and promoting such training programs and outreach 
improve their effectiveness? Are there ways to improve reporting on 
Tribal entities to gain a more complete understanding of Tribal 
participation in the E-Rate Program? Should the Commission consider 
developing performance goals and measures to track progress of 
achieving the Commission's goal of increasing access to affordable 
broadband for Tribal schools and libraries? If so, the Commission seeks 
comment on what these might include.
    5. Digital Equity and Inclusion. Finally, the Commission, as part 
of its continuing effort to advance digital equity for all, including 
Indigenous and Native American persons, people of color, persons with 
disabilities, persons who live in rural or Tribal areas, and others who 
are or have been historically underserved, marginalized, or adversely 
affected by persistent poverty or inequality, invites comment on any 
equity-related considerations and benefits (if any) that may be 
associated with the proposals and issues discussed herein. 
Specifically, the Commission seeks comment on how our proposals may 
promote or inhibit advances in diversity, equity, inclusion, and 
accessibility, as well the scope of the Commission's relevant legal 
authority.

III. Procedural Matters

    6. Initial Regulatory Flexibility Analysis.--As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission 
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on a substantial number of small 
entities of the proposals addressed in this Notice of Proposed 
Rulemaking. Written public

[[Page 57099]]

comments are requested on the IRFA. These comments must be filed in 
accordance with the same filing deadlines for comments on the Notice of 
Proposed Rulemaking, and they should have a separate and distinct 
heading designating them as responses to the IRFA. The Commission's 
Consumer and Governmental Affairs Bureau, Reference Information Center, 
will send a copy of this Notice of Proposed Rulemaking, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with the RFA. In addition, the Notice of 
Proposed Rulemaking and IRFA (or summaries thereof) will be published 
in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    7. The Commission is required by Section 254 of the Communications 
Act of 1934, as amended, to promulgate rules to implement the universal 
service provisions of Section 254. On May 8, 1997, the Commission 
adopted rules to reform its system of universal service support 
mechanisms so that universal service is preserved and advanced as 
markets move toward competition. Specifically, under the schools and 
libraries universal service support mechanism, also known as the E-Rate 
Program, eligible schools, libraries, and consortia that include 
eligible schools and libraries may receive discounts for eligible 
telecommunications services, internet access, and internal connections.
    8. Taking steps to close the digital divide is a top priority for 
the Commission. The E-Rate Program provides a vital source of support 
to schools and libraries, ensuring that students and library patrons 
across the nation have access to high-speed broadband and essential 
communications services. The rules the Commission proposes in the 
Notice of Proposed Rulemaking seek to update the E-Rate Program rules 
to be consistent with the amended LSTA and to clarify that Tribal 
libraries are eligible to apply for and receive E-Rate funding. The 
Commission seeks comment on these proposals as well as comments as to 
whether there are other measures the Commission can take to ensure 
Tribal schools and libraries have access to E-Rate funds, consistent 
with Section 254(h)(4).

B. Legal Basis

    9. The proposed action is authorized pursuant to sections 1 through 
4, 201-205, 254, 303(r), and 403 of the Communications Act of 1934, as 
amended by the Telecommunications Act of 1996, 47 U.S.C. 151 through 
154, 201 through 205, 254, 303(r), and 403.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    10. The RFA directs agencies to provide a description of and, where 
feasible, and estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 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 that: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    11. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. The Commission therefore 
describes here, at the outset, three broad groups of small entities 
that could be directly affected herein. First, while there are industry 
specific size standards for small businesses that are used in the 
regulatory flexibility analysis, according to data from the SBA's 
Office of Advocacy, in general a small business is an independent 
business having fewer than 500 employees. These types of small 
businesses represent 99.9% of all businesses in the United States, 
which translates to 30.7 million businesses.
    12. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2018, there were 
approximately 571,709 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    13. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate that there 
were 90,075 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 general purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment populations of less than 50,000. Accordingly, 
based on the 2017 U.S. Census of Governments data, the Commission 
estimates that at least 48,971 entities fall into the category of 
``small governmental jurisdictions.''
1. Schools and Libraries
    14. As noted, a ``small entity'' includes non-profit and small 
government entities. Under the schools and libraries universal service 
support mechanism, which provides support for elementary and secondary 
schools and libraries, an elementary school is generally ``a non-profit 
institutional day or residential school that provides elementary 
education, as determined under state law.'' A secondary school is 
generally defined as ``a non-profit institutional day or residential 
school that provides secondary education, as determined under state 
law,'' and not offering education beyond grade 12. A library includes 
``(1) a public library, (2) a public elementary school or secondary 
school library, (3) an academic library, (4) a research library [ ] and 
(5) a private library, but only if the state in which such private 
library is located determines that the library should be considered a 
library for the purposes of this definition.'' The proposals under 
consideration in the Notice of Proposed Rulemaking, if adopted, would 
update the definition of library to add Tribal libraries to the 
definition. For-profit schools and libraries, and schools and libraries 
with endowments in excess of $50,000,000, are not eligible to receive 
discounts under the program, nor are libraries whose budgets are not 
completely separate from any schools. Certain other statutory 
definitions apply as well. The SBA has defined for-profit, elementary 
and secondary schools and libraries having $6 million or less in annual 
receipts as small entities. In funding year 2017, approximately 103,699 
schools and 11,810 libraries received funding under the schools and 
libraries universal service mechanism. Although the Commission is 
unable to estimate with precision the number of these entities that 
would qualify as small entities under SBA's size standard, the 
Commission estimates that fewer than 103,699 schools and 11,810 
libraries might be affected annually by

[[Page 57100]]

this action, notwithstanding the fact that more Tribal libraries may be 
encouraged to apply for funding should the proposals in the Notice of 
Proposed Rulemaking be adopted.
2. Telecommunications Service Providers
    15. Incumbent Local Exchange Carriers (LECs). Neither the 
Commission nor the SBA has developed a size standard for small 
incumbent local exchange carriers. The closest applicable NAICS Code 
category is Wired Telecommunications Carriers. Under the applicable SBA 
size standard, such a business is small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 indicate that 3,054 firms 
operated the entire year. Of this total, 2,964 operated with fewer than 
250 employees. Consequently, the Commission estimates that most 
providers of incumbent local exchange service are small businesses that 
may be affected by our actions. According to Commission data, one 
thousand three hundred and seven (1,307) Incumbent Local Exchange 
Carriers reported that they were incumbent local exchange service 
providers. Of this total 1,307 an estimated 1,006 have 1,500 or fewer 
employees and 301 have more than 1,500 employees. Thus, using the SBA's 
size standard the majority of incumbent LECs can be considered small 
entities.
    16. The Commission has included small incumbent LECs in this RFA 
analysis. A ``small business'' under the RFA is one that, inter alia, 
meets the pertinent small business size standard (e.g., a telephone 
communications business having 1,500 or fewer employees), and ``is not 
dominant in it field of operation.'' The SBA's Office of Advocacy 
contends that, for RFA purposes, small incumbent LECs are not dominant 
in their field of operation because any such dominance is not 
``national'' in scope. The Commission has, therefore, included small 
incumbent carriers in this RFA analysis, although the Commission 
emphasizes that this RFA action has no effect on the Commission's 
analyses and determinations in other, non-RFA contexts.
    17. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition of small entities specifically 
applicable to IXCs. The closest NAICS Code category is Wired 
Telecommunications Carriers. The applicable size standard under SBA 
rules is that such a business is small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 indicate that 3,054 firms 
operated the entire year. Of this total, 2,964 operated with fewer than 
250 employees. According to internally developed Commission data, 359 
companies reported that that their primary telecommunications service 
activity was the provision of interexchange services. Of this total, an 
estimated 317 have 1,500 or fewer employees. Consequently, the 
Commission estimates that the majority of interexchange service 
providers are small entities.
    18. Competitive Access Providers (CAPs). Neither the Commission nor 
the SBA has developed a definition of small entities specifically 
applicable to CAPs. The closest applicable definition under the SBA 
rules is for Wired Telecommunications Carriers. Under the SBA size 
standard a Wired Telecommunications Carrier is a small entity if it 
employs no more than 1,500 employees. U.S. Census Bureau data for 2017 
indicate that 3,054 firms operated the entire year. Of this total, 
2,964 operated with fewer than 250 employees. According to Commission 
data, 1,442 CAPs and competitive local exchange carriers (competitive 
LECs) reported that they were engaged in the provision of competitive 
local exchange services. Of these 1,442 CAPs and competitive LECs, an 
estimated 1,256 have 1,500 or fewer employees and 186 have more than 
1,500 employees. Consequently, the Commission estimates that most 
providers of competitive exchange services are small businesses.
    19. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments primarily engaged in operating and 
maintaining switching and transmission facilities to provide 
communications via the airwaves. Establishments in this industry have 
spectrum licenses and provide services using that spectrum, such as 
cellular phone services, paging services, wireless internet access, and 
wireless video services. The appropriate size standard under SBA rules 
is that such a business is small if it has 1,500 or fewer employees. 
For this industry, U.S. Census Bureau data for 2017 show that there 
were 2,893 firms that operated for the entire year. Of this total, 
2,837 firms had fewer than 250 employees and 56 had 250 employees or 
more. Thus under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.
    20. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite). Under the SBA small 
business size standard, a business is small if it has 1,500 or fewer 
employees. For this industry, U.S. Census Bureau data for 2017 show 
that there were 2,893 firms that operated for the entire year. Of this 
total, 2,837 firms had fewer than 250 employees and 56 had 250 
employees or more. Thus under this category and the associated size 
standard, the Commission estimates that a majority of these entities 
can be considered small. According to Commission data, 413 carriers 
reported that they were engaged in wireless telephony. Of these, an 
estimated 261 have 1,500 or fewer employees and 152 have more than 
1,500 employees. Therefore, more than half of these entities can be 
considered small.
3. Internet Service Providers (ISPs)
    21. Internet Service Providers (Broadband). Broadband internet 
service providers include wired (e.g., cable, DSL) and VoIP service 
providers using their own operated wired telecommunications 
infrastructure fall in the category of Wired Telecommunication 
Carriers. Wired Telecommunications Carriers are comprised of 
establishments primarily engaged in operating and/or providing access 
to transmission facilities and infrastructure that they own and/or 
lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks. Transmission facilities may be based 
on a single technology or a combination of technologies. The SBA size 
standard for this category classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2017 indicate 
that 3,054 firms operated the entire year. Of this total, 2,964 
operated with fewer than 250 employees. Consequently, under this size 
standard the majority of firms in this industry can be considered 
small.
    22. Internet Service Providers (Non-Broadband). Internet access 
service providers such as Dial-up internet service providers, VoIP 
service providers using client-supplied telecommunications connections 
and internet service providers using client-supplied telecommunications 
connections (e.g., dial-up ISPs) fall in the category of All Other 
Telecommunications. The SBA has developed a small business size 
standard for All Other Telecommunications which consists of all such 
firms with gross annual receipts of $32.5 million or less. For this 
category, U.S. Census Bureau data for 2017 shows that there were 1,079 
firms

[[Page 57101]]

that operated for the entire year. Of these firms, a total of 1,039 had 
gross annual receipts of less than $25 million. Consequently, under 
this size standard a majority of firms in this industry can be 
considered small.
4. Vendors of Internal Connections
    23. Vendors of Infrastructure Development or ``Network Buildout.'' 
The Commission has not developed a small business size standard 
specifically directed toward manufacturers of network facilities. There 
are two applicable SBA categories in which manufacturers of network 
facilities could fall and each have different size standards under the 
SBA rules. The SBA categories are ``Radio and Television Broadcasting 
and Wireless Communications Equipment'' with a size standard of 1,250 
employees or less and ``Other Communications Equipment Manufacturing'' 
with a size standard of 750 employees or less. U.S. Census Bureau data 
for 2017 show that for Radio and Television Broadcasting and Wireless 
Communications Equipment, 656 firms operated for the entire year. Of 
that number, 624 firms operated with fewer than 250 employees. For 
Other Communications Equipment Manufacturing, U.S. Census Bureau data 
for 2017 shows that 321 firms operated for the year. Of that number, 
310 operated with fewer than 250 employees. Based on this data, the 
Commission concludes that the majority of Vendors of Infrastructure 
Development or ``Network Buildout'' are small.
    24. Telephone Apparatus Manufacturing. This industry comprises 
establishments primarily engaged in manufacturing wire telephone and 
data communications equipment. These products may be standalone or 
board-level components of a larger system. Examples of products made by 
these establishments are central office switching equipment, cordless 
telephones (except cellular), PBX equipment, telephones, telephone 
answering machines, LAN modems, multi-user modems, and other data 
communications equipment, such as bridges, routers, and gateways. The 
SBA size standard for Telephone Apparatus Manufacturing is all such 
firms having 1,250 or fewer employees. U.S. Census Bureau data for 2017 
show that there were 189 firms that operated for the entire year. Of 
this total, 177 operated with fewer than 250 employees. Thus, under 
this size standard, the majority of firms can be considered small.
    25. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA has established a small business size 
standard for this industry of 1,250 employees or less. U.S. Census 
Bureau data for 2017 show that 656 firms operated in this industry for 
the entire year. Of that number, 624 firms operated with fewer than 250 
employees. Based on this data, the Commission concludes that a majority 
of manufacturers in this industry are small.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    26. The proposals under consideration in the Notice of Proposed 
Rulemaking, if adopted, should not result in new and/or modified 
reporting, recordkeeping and other compliance requirements for small or 
large entities. At this time, the Commission cannot quantify the cost 
of compliance with the potential rule changes in the Notice of Proposed 
Rulemaking, but the Commission anticipates that the result of any rule 
changes will produce requirements that are equal to existing 
requirements, and the Commission does not believe small entities will 
have to hire attorneys, engineers, consultants, or other professionals 
in order to comply. Updating the E-Rate rules to adopt the amended 
definition of library under the LSTA, for example, will clarify that 
Tribal libraries are eligible for support by statute--as they have been 
since Congress enacted the Museum and Library Services Act of 2018. 
Moreover, this clarity may also alleviate some of the issues that 
Tribal libraries face when seeking E-Rate support. Additionally, the 
Commission has sought comment on whether there are other measures the 
Commission can take to ensure Tribal schools and libraries have equal 
access to E-Rate funds. Regarding the Commission's proposal on what 
documentation should be used to validate a Tribal library, the 
Commission has sought comment on whether that approach is feasible or 
practicable for demonstrating eligibility.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    27. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    28. In the Notice of Proposed Rulemaking, the Commission has taken 
steps to minimize the economic impact on small entities with the rule 
changes that the Commission has proposed. Under the current E-Rate 
rules, only libraries eligible for assistance from a State library 
administrative agency under the 1996 version of the LSTA are eligible 
for E-Rate funding. Absent a rule change, Tribal libraries continue to 
face uncertainty about eligibility which leads to them being 
underrepresented among E-Rate applicants. The Commission has therefore 
proposed updating the rules to add Tribal libraries to the definition 
of library, which, if adopted, may encourage Tribal libraries to apply 
for and receive E-Rate support. The Commission expects to more fully 
consider ways to minimize the economic impact and explore alternatives 
for small entities following the review of comments filed in response 
to the Notice of Proposed rulemaking.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    29. None.
    30. Paperwork Reduction Act. This document does not contain 
proposed information collection(s) 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).
    31. Ex Parte Rules--Permit but Disclose. Pursuant to section 
1.1200(a) of the Commission's rules, this Notice of

[[Page 57102]]

Proposed Rulemaking shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable.pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    32. In light of the Commission's trust relationship with Tribal 
Nations and our commitment to engage in government-to-government 
consultation with them, the Commission finds the public interest 
requires a limited modification of the ex parte rules in this 
proceeding. Tribal Nations, like other interested parties, should file 
comments, reply comments, and ex parte presentations in the record to 
put facts and arguments before the Commission in a manner such that 
they may be relied upon in the decision-making process consistent with 
the requirements of the Administrative Procedure Act. However, at the 
option of the Tribe, ex parte presentations made during consultations 
by elected and appointed leaders and duly appointed representatives of 
federally recognized Indian Tribes and Alaska Native Villages to 
Commission decision makers shall be exempt from the rules requiring 
disclosure in permit-but-disclose proceedings and exempt from the 
prohibitions during the Sunshine Agenda period. To be clear, while the 
Commission recognizes consultation is critically important, the 
Commission emphasizes that the Commission will rely in its decision-
making only on those presentations that are placed in the public record 
for this proceeding.
    33. People with Disabilities: 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.
    34. Availability of Documents: Comments, reply comments, and ex 
parte submissions will be publicly available online via ECFS. When the 
FCC Headquarters reopens to the public, these documents will also be 
available for public inspection during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 45 L Street 
NE, Washington, DC 20554.

IV. Ordering Clauses

    35. Accordingly, it is ordered that, pursuant to the authority 
found in sections 1 through 4, 201-202, 254, 303(r) and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151 through 154, 201 
through 202, 254, 303(r), and 403, this Notice of Proposed Rulemaking 
is adopted.
    36. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 54

    Communications common carriers, internet, Libraries, Reporting and 
recordkeeping requirements, Schools, Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons set forth above, the Commission proposes part 54 of 
title 47 of the Code of Federal Regulations to be amended as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority 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, 1302, and 1601-1609, unless otherwise 
noted.

0
2. Amend Sec.  54.500 by revising the definition of ``library'' to read 
as follows:


Sec.  54.500   Terms and definitions.

* * * * *
    Library. A ``library'' includes:
    (1) A public library;
    (2) A public elementary school or secondary school library;
    (3) A Tribal library;
    (4) An academic library;
    (5) A research library, which for the purpose of this section means 
a library that:
    (i) Makes publicly available library services and materials 
suitable for scholarly research and not otherwise available to the 
public; and
    (ii) Is not an integral part of an institution of higher education; 
and
    (6) A private library, but only if the state in which such private 
library is located determines that the library should be considered a 
library for the purposes of this definition.
* * * * *
0
3. Amend Sec.  54.501 by revising paragraph (b)(1) to read as follows:


Sec.  54.501   Eligible recipients.

* * * * *
    (b) Libraries.
    (1) Only libraries eligible for assistance from a State library 
administrative agency under the Library Services and Technology Act (20 
U.S.C. 9122) and not excluded under paragraphs (b)(2) or (3) of this 
section shall be eligible for discounts under this subpart.
* * * * *
[FR Doc. 2021-22102 Filed 10-13-21; 8:45 am]
BILLING CODE 6712-01-P