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1 6712-01 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1

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1 6712-01 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 This document is scheduled to be published in the Federal Register on 05/28/2020 and available online at federalregister.gov/d/2020-11368, and on govinfo.gov 6712-01 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [MD Docket Nos. 19-105; MD Docket Nos. 20-105; FCC 20-64; FRS 16780] Assessment and Collection of Regulatory Fees for Fiscal Year 2020. AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. SUMMARY: In this document, the Federal Communications Commission (Commission) seeks comment on several proposals that will impact FY 2020 regulatory fees. DATES: Submit comments on or before June 12, 2020; and reply comments on or before June 29, 2020. ADDRESSES: Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments identified by MD Docket No. 20-105, by any of the following methods below. Comments and reply comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 1. Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/. 2. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. 1 3. 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. 4. 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. 5. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. 6. 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. 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 7. During the time the Commission’s building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing Director at (202) 418- 0444. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), FCC 20-64, MD Docket No. 19-105, and MD Docket No. 20-105, adopted on May 12, 2020 and released on May 13, 2020. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Room CY-A257, Portals II, Washington, DC 20554, and may also be purchased from the Commission's copy contractor, BCPI, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. Customers may contact BCPI, Inc. via their Web site, http://www.bcpi.com, or call 1-800-378-3160. This document is available in alternative formats (computer diskette, large print, audio record, and braille). Persons with disabilities who need documents in these formats may contact the FCC by e-mail: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432. I. PROCEDURAL MATTERS 8. Ex Parte Information. 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 section 1.1206(b) of the Commission’s rules. In proceedings governed by section 1.49(f) of the Commission’s rules 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. 9. Initial Regulatory Flexibility Analysis. An initial regulatory flexibility analysis (IRFA) is contained in this summary. Comments to the IRFA must be identified as responses to the IRFA and filed by the deadlines for comments on the Notice of Proposed Rulemaking. The Commission will send a copy of the Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. 10. Initial Paperwork Reduction Act of 1995 Analysis. 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). II. NOTICE OF PROPOSED RULEMAKING 11. Congress has required the Commission to collect $339,000,000 in regulatory fees for FY 2020. Section 9 of the Act directs the Commission to set regulatory fees to “reflect the full-time equivalent number of employees within the bureaus and offices of the Commission adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities.” The Commission implements this directive by looking first to identify the bureaus that conduct work that directly benefits fee payors and their FTEs, in order to establish “direct” FTEs. The remaining FTEs and other Commission costs we categorize as indirect. Once we have identified the direct FTEs by operating bureau, we look within each bureau to allocate fees to specific fee categories. The Commission uses these proportional calculations to allocate all Commission non- auction costs, direct and indirect, across all fee categories. To establish specific fees, the FCC identifies “units” that corollate to the benefit provided; for example, broadcast licensee fees will vary by population served1 and wireless licensees will pay fees based on their number of subscribers. 12. The Commission projects approximately $30.52 million (9.00% of the total FTE allocation, 28 direct FTEs) in fees from International Bureau regulatees; $79.57 million (23.47% of the total FTE allocation, 73 direct FTEs) in fees from Wireless Telecommunications Bureau regulatees; $102.46 million (30.23% of the total FTE allocation, 94 direct FTEs) from Wireline Competition Bureau regulatees; and $126.45 million (37.30% of the total FTE allocation, 116 direct FTEs) from Media Bureau regulatees. We seek comment on our calculation for the FY 2020 FTEs (311 direct FTEs). 13. International Bearer Circuits. The regulatory fees associated with IBCs reflect the work performed by the International Bureau, primarily the Telecommunications and Analysis Division and the Office of the Bureau Chief, for the benefit of all U.S. international telecommunications service providers. International telecommunications service is provided over terrestrial, satellite, and submarine cable facilities. 14. IBC fees are currently broken into two components: (1) terrestrial and satellite circuits, and (2) submarine cable systems. Under this bifurcated approach, based on the 2009 Consensus Proposal from the submarine cable operators, 87.6% of IBC fees are assessed to submarine cable systems and 12.4% to terrestrial and satellite facilities based on relative active or lit capacity at the time. 15. In the Further Notice of Proposed Rulemaking attached to the FY 2019 Report and Order sought comment on appropriate allocation within the IBC fee category in response to assertions regarding the relative benefits received by the different IBC components. The Commission proposes a ratio attributing 95% to submarine cables and 5% to terrestrial and satellite circuits. We seek comment on this allocation. 16. The Commission proposes to simplify the assessment by combining the two categories and assess IBC fees based on a unified fee structure. Under this approach, terrestrial and satellite facility owners will pay regulatory fees based on the number of active international circuits using the rates set out in the tiers.
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