[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21580-21582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07563]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 16-271, 18-143, 19-195; DA 23-259, FR ID 135133]


Comment Sought on Continued Filing of Alaska Plan FCC Form 477 
Mobile Deployment Data; Waiver of Interim PR-USVI Mobile Milestone 
Filing and Information Provided for Final Milestone Filing

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB) 
and Office of Economics and Analytics (OEA) seek comment on the process 
to continue the filing of mobile deployment data consistent with 
previous FCC Form 477 filings for mobile participants of the Alaska 
Plan. The document also provides information from the Wireline 
Competition Bureau (WCB) for mobile recipients of the Uniendo a Puerto 
Rico Fund and Connect USVI Fund to file their FCC Form 477 network 
coverage data as part of their final milestone requirement. In 
addition, WCB waives the data reporting requirement for the interim 
milestone for mobile recipients of the Uniendo a Puerto Rico Fund and 
the Connect USVI Fund.

DATES:  Comments are due on or before April 26, 2023, and Reply 
Comments are due May 8, 2023. If you anticipate that you will be 
submitting comments, but find it difficult to do so within the period 
of time allowed by this document, you should advise the contact listed 
in the following as soon as possible.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, interested parties may file comments and reply comments on or 
before the dates indicated on the first page of this document. Comments 
may be filed using the Commission's Electronic Comment Filing System 
(ECFS).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/filings.
     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.
     Filings can be sent by commercial overnight courier, or by 
first-class or

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overnight U.S. Postal Service mail. All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
     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.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
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.
    Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with Sec.  1.49 and all other 
applicable sections of the Commission's rules. The Commission directs 
all interested parties to include the name of the filing party and the 
date of the filing on each page of their comments and reply comments.
    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).

FOR FURTHER INFORMATION CONTACT: For additional information on the 
proceeding, contact Matthew Warner of the Wireless Telecommunications 
Bureau, Competition and Infrastructure Policy Division, 
[email protected], (202) 418-0247; Dangkhoa Nguyen, Wireline 
Competition Bureau, Telecommunications Access Policy Division, 
[email protected], (202) 418-7865.

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Public 
Notice in WC Docket Nos. 16-271, 18-143, 19-195; DA 23-259, released on 
March 27, 2023. The full text of this document is available at the 
following internet address: https://docs.fcc.gov/public/attachments/DA-23-259A1.pdf.
    Ex Parte Rules: This proceeding 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.
    1. In 2022, the Federal Communications Commission (Commission) 
instituted the Broadband Data Collection (BDC), which required the 
filing of mobile deployment data similar to that collected through FCC 
Form 477, though with significant differences. The specified 
requirements of the BDC can lead to different coverage area data than 
what mobile providers submitted pursuant to FCC Form 477.
    2. On December 9, 2022, as a further step in implementing the BDC, 
the Commission adopted an order, Form 477 Sunset Order, 87 FR 76949, 
December 16, 2022, sunsetting the collection of broadband and mobile 
voice deployment data through FCC Form 477. The Commission recognized, 
however, that it currently relies upon information from its FCC Form 
477 data collection in other contexts, including, among other things, 
to assess the deployment of broadband services. Accordingly, the Form 
477 Sunset Order (1) delegated authority to WTB and OEA to instruct 
mobile participants of the Alaska Plan how to submit coverage data 
specific to Alaska after sunsetting FCC Form 477 deployment data, and 
(2) delegated authority to WCB to instruct mobile providers that 
participate in either the Bringing Puerto Rico Together Fund or the 
Connect USVI Fund on how to submit coverage data for Puerto Rico and 
USVI, respectively.
    3. Alaska Plan. WTB and OEA propose to require mobile participants 
in the Alaska Plan to file deployment data consistent with FCC Form 477 
and seek comment on the proposal. The Alaska Plan Order, 81 FR 69696, 
October 7, 2016, required mobile provider participants of the Alaska 
Plan to submit performance plans in 2016, with commitments due in 2021 
and 2026. These original performance plans and any revised plans 
approved by WTB were based on mobile coverage consistent with the FCC 
Form 477 requirements. The propagation models and the speeds in these 
approved performance plans often do not align with BDC requirements. 
Continued filing of deployment data under the previous FCC Form 477 
instructions will allow for like comparisons to the previous deployment 
data on which Alaska Plan mobile providers based their commitments. WTB 
and OEA believe such data are, therefore, essential for understanding 
whether providers met their commitments.
    4. WTB and OEA propose that all mobile participants in the Alaska 
Plan file deployment data consistent with FCC Form 477 instructions. 
Mobile Alaska Plan participants would file these deployment data 
annually until March 1, 2028. These data will allow like comparisons to 
continue throughout the ten-year Alaska Plan, with an additional year 
of data after the final commitment. The data would be submitted through 
the BDC special collections portal. For the first year, data 
representing December 2022 would be due by June 30, 2023. Subsequently, 
the FCC Form 477-based data would be due March 1 of each year. WTB and 
OEA seek comment on the proposal.
    5. WCB requires Stage 2 mobile recipients of the Uniendo a Puerto 
Rico Fund and the Connect USVI Fund to file FCC Form 477 network 
deployment data for their final 100% network coverage area data 
submission in the BDC special collections portal. WCB also waives, on 
its own motion, the requirement for mobile providers receiving support 
to resubmit interim milestone reports demonstrating 66% mobile network 
coverage area.
    6. In 2017, Hurricanes Irma and Maria caused massive devastation to 
Puerto Rico (PR) and the United States Virgin

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Islands (USVI). In response, the Commission created the Uniendo a 
Puerto Rico Fund and the Connect USVI Fund. As part of Stage 2 of those 
Funds, the Commission has authorized approximately $385.9 million in 
universal service support to facilitate and harden deployment of 
advanced broadband networks. More than $250 million of this funding was 
dedicated to mobile broadband restoration, hardening, and improvement 
over a three-year period. Specifically as to mobile support recipients, 
the Commission required, as a condition of support, that providers meet 
interim and final network coverage area milestones. At the end of the 
three-year term of support, each mobile support recipient must have 
restored its mobile network coverage to an area that is equal to or 
greater than 100% of the pre-hurricane network coverage area when 
compared with its June 2017 FCC Form 477 coverage data.
    7. In the 2019 PR USVI Order, 84 FR 59937, November 7, 2019, the 
Commission provided that the filing of coverage data pursuant to FCC 
Form 477 instructions is essential for like comparisons to assess 
whether providers fulfilled this requirement. The Commission required 
PR/USVI Fund mobile recipients to file FCC Form 477 network deployment 
data for their final 100% network coverage area data submission. The 
deadline for mobile providers to file their final 100% network coverage 
area data submission is January 30, 2024. As directed by the 
Commission, the final network coverage area report would be based on 
FCC Form 477 data and shall reflect the network coverage area for a 
provider as of the end of its three-year Stage 2 support term. 
Providers shall file consistent with previous FCC Form 477 
instructions, submitting through the BDC special collections portal 
utilizing the data specifications released by the Bureau.
    8. While WCB is committed to ensuring the full restoration of 
mobile networks to their pre-hurricane coverage areas, it takes this 
opportunity to waive, on its own motion, the interim milestone report 
for mobile providers receiving support to demonstrate 66% mobile 
network coverage area for the Uniendo a Puerto Rico Fund and the 
Connect USVI Fund. WCB finds this waiver for the filing of the network 
coverage report to be warranted and in the public interest based on the 
Commission's receipt of FCC Form 477 reporting data, which were 
submitted and certified by mobile providers subject to the interim 
milestone report. An analysis comparing FCC Form 477 data for June 2017 
and subsequent filing periods from PR and USVI mobile providers 
verified that each provider has restored more than 66% of its network 
coverage area that existed prior to the 2017 hurricanes, thus meeting 
the interim milestone under Sec.  54.1514(a) of the Commission's rules. 
WCB concludes that limiting the burden on providers and not requiring 
them to expend their resources to resubmit FCC Form 477 data already in 
the Commission's possession is in the public interest.
    9. While WCB finds a waiver of the 66% interim milestone report is 
warranted, WCB maintains the Commission's requirement for ensuring 
mobile providers meet their network performance commitments and their 
final 100% network coverage area milestone reports and certifications. 
In a separate public notice, WCB and OEA will provide instructions 
regarding the reporting of drive, drone, and/or scattered site test 
data for network coverage and reporting of network performance as part 
of the final 100% milestone report.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-07563 Filed 4-10-23; 8:45 am]
BILLING CODE 6712-01-P