[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Pages 42613-42625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18153]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 43, and 63
[IB Docket No. 04-112; FCC 11-76]
Reporting Requirements for U.S. Providers of International
Telecommunications Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) is reviewing its reporting requirements for providers of
international telecommunications services. The Commission proposes to
amend its reporting requirements for providers of international
telecommunications services and transmission facilities in order to
simplify the filing of the annual traffic and revenue report and the
annual circuit-status report and modernize the information collected
under those reports. The Commission also proposes to amend its rules to
create a new annual services report designed to obtain basic
information about providers of international telecommunications
services and to update contact information. The Commission also
proposes to amend its rules to clarify the confidential treatment of
certain disaggregated information reported under the traffic and
revenue report and the circuit-status report. This action is part of
the Commission's comprehensive review of its international reporting
requirements and is intended to remove unnecessary
[[Page 42614]]
information collections and tailor its information collections to the
current state of the international telecommunications market.
DATES: Submit comments on or before August 18, 2011, and replies on or
before September 2, 2011. Paperwork Reduction Act (PRA) comments should
be on or before September 19, 2011.
ADDRESSES: You may submit comments, identified by Docket No. 04-112, by
any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected], Phone: 202-418-
0530 or TTY: 202-418-0432.
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: David Krech, John Copes, or Sean
O'More, Policy Division, International Bureau, FCC, (202) 418-1460 or
via the Internet at mail to: [email protected], [email protected],
and Sean.O'[email protected]. On PRA matters contact Cathy Williams, Office
of the managing Director, FCC (202) 418-2918 or via the Internet at
mail to: [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Further Notice of
Proposed Rulemaking portion of the Commission's First Report and Order
and Further Notice of Proposed Rulemaking, IB Docket No. 04-112, FCC
11-76, adopted May 12, 2011, and released May 13, 2011. The full text
of the First Report and Order and Further Notice of Proposed Rulemaking
is available for inspection and copying during normal business hours in
the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554.
The document also is available for download over the Internet at http://transition.fcc.gov/Daily_Release/Daily_Business/2011db0513/FCC-11-76A1.pdf. The complete text also may be purchased from the Commission's
copy contractor, Best Copy and Printing, Inc. (BCPI), located in Room
CY-B402, 455 12th Street, SW., Washington, DC 20554. Customers may
contact BCPI at its Web site: http://www.bcpiweb.com or call 1-800-378-
3160.
Comment Filing Procedures
Pursuant to 47 CFR 1.415, 1.419, interested parties my file
comments and reply comments on or before the dates indicated above.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by hand delivery. See Electronic Filing of Documents
in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) at http://fjallfoss.fcc.gov/ecfs2/. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
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 hand or messenger delivery,
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.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours are
8 a.m. to 7 p.m. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes and boxes must be disposed of before
entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[cir] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street, SW., Washington, DC 20554.
Summary of Notice of Proposed Rulemaking
1. In the First Report and Order and Further Notice of Proposed
Rulemaking, the Federal Communications Commission (Commission)
continues its comprehensive review of the international reporting
requirements for U.S. providers of international telecommunications
services. In the First Report and Order portion of the document, which
is published elsewhere in this issue, the Commission retained the
annual international traffic and revenue and circuit status reporting
requirements, 47 CFR 43.61(a) and 43.82. Although the Commission is
retaining the annual international traffic and revenue and circuit-
status reports, it believes that those reporting requirements can and
should be modernized and streamlined. This FNPRM sets forth a number of
proposed changes to the reporting requirements and seeks comment on
those proposals.
2. In the Notice of Proposed Rulemaking (NPRM), 69 FR 29676, May
25, 2004, the Commission made a number of proposals for changes to the
reporting requirements, and the Staff Recommendations in the NPRM
discussed several more possible changes. Since then, the Commission
received formal comments in this proceeding, held meetings with the
carriers, and received written ex parte comments. Based on that input
and further evaluation of the reporting requirements and the type of
information that the Commission needs, the Commission altered and
refined many of those proposals. In this FNPRM, the Commission seeks
comment on these revised proposals, and seeks to refresh the record on
some of the proposals previously discussed in the NPRM since the
comments on those proposals were filed almost seven years ago. The
Commission has also identified entities that provide international
communications services but do not currently file traffic and revenue
or circuit-status reports. It seeks comment whether public interest
requires that the Commission obtain information from these entities.
The Commission also seeks comment on proposals to clarify the
confidential treatment of certain disaggregated information reported
under the traffic and revenue report and the circuit-status report.
3. Consolidation of Traffic and Revenue Report and Circuit-Status
Report. The Commission proposes to consolidate the traffic and revenue
report, 47 CFR 43.61(a), and the circuit-status report, 43.82, into one
rule, the proposed 47 CFR 43.62, to adopt a new filing manual to cover
both reports and to consolidate the current separate filing dates for
the two reports into one date. Currently, carriers must file annual
circuit-status reports on or before March 31 and must file the annual
traffic and revenue reports on or before July 31. The Commission
proposes to require filing entities to file both reports on or before
May 1. The Commission also proposes to create a single filing manual
with instructions for filing both the annual traffic and revenue and
the circuit-status reports. The Commission
[[Page 42615]]
believes a consolidated filing manual would be more user friendly than
two separate manuals, would provide consistent definitions and would
ensure that information is reported in a more uniform manner.
Proposed Changes to the Reporting Requirements
4. Services Report. The Commission proposes to require all filing
entities to file an annual Services Report. The Services Report would
consist of a Registration Form and a Services Checklist. The
Registration Form would seek basic information about a filing entity's
filing and about the entity itself--such as address, phone number, e-
mail address, and the international section 214 authorizations held, if
any. The Services Checklist would contain a series of boxes that filing
entities would check to provide some basic information about their
operations, if any, during the previous year.
5. Changes to the Annual Traffic and Revenue Report. The Commission
seeks comment on a variety of proposals to the annual traffic and
revenue report that it believes will streamline the report by
eliminating the reporting of unnecessary information, while modernizing
the report by requiring reporting of information more relevant to the
current state of the international telecommunications market. First,
the Commission proposes to eliminate the use of billing codes that
require carriers to disaggregate their international telephone message
service (IMTS) traffic to report various routing and billing
arrangements. In their place, the Commission proposes to adopt a series
of filing schedules that would allow filing entities to report their
traffic on a more aggregated basis. The Commission also proposes to
eliminate the requirement that filing entities report the number of
IMTS messages (i.e., calls) they handle. The Commission has never
needed to use the number of IMTS calls in performing its analyses and
sees no reason to continue to require filing entities to report them.
The Commission also proposes to eliminate the requirement that filing
entities report a regional total for tier IMTS and private line
traffic.
6. The Commission proposes to require filing entities to
disaggregate the minutes terminated on foreign networks and settlement
payouts between calls terminated on fixed line networks and those
terminated on mobile networks. In recent years, many foreign carriers
have instituted significantly different settlement rates for call
completion services to fixed-line and mobile networks, and these
differences vary substantially by route. The Commission is concerned
that the settlement rates for terminating U.S.-billed IMTS calls on
mobile networks may be excessive, not based on costs, and
discriminatory. Because there is little information currently available
on mobile settlement rates, the Commission believes the public interest
requires it to gather additional information on such rates. The
Commission needs this information to monitor the evolution of mobile
settlement rates as basis for taking corrective action if it finds such
action necessary in the future.
7. The Commission proposes to require filing entities to report
their world-total IMTS traffic and revenues by customer category
(residential and mass market, business and government, U.S. resellers,
and reoriginated foreign traffic) and by routing arrangement (U.S.-
billed facilities IMTS, IMTS resale, and traditional transiting IMTS).
This information appears to be essential to understanding the
international telecommunications markets. Specifically, the Commission
proposes to require world-total IMTS traffic and revenue data be
disaggregated for each of the following customer classes: (1)
``Residential and mass market;'' (2) ``business and government;'' and
(3) ``U.S. resellers.'' Carriers would be required to report the total
minutes and revenues associated with reoriginated traffic on a world-
total basis. This proposal simplifies the Staff Recommendations in the
NPRM by limiting disaggregation of IMTS data by customer and routing
arrangement only to world-total IMTS traffic data. Obtaining
information on service sold to various classes of customers and through
various routing arrangements would give the Commission additional
information it needs to monitor the U.S. IMTS market.
8. The Commission proposes to require filing entities to allocate
their non-route-specific revenues to specific U.S. international
routes. Non-route-specific revenues are those revenues for
international services that are not directly associated with individual
calls or, in the case of private lines, with specific lines. They
include monthly recurring fees for service plans that include
international service an other revenue that cannot be identified with
particular destination countries. The Commission seeks comment on
whether to set out a specific allocation method or to allow each filing
entity to determine an allocation method appropriate for its unique
situation. The Commission also proposes that filing entities identify
the percentage of revenue for U.S.-billed IMTS subject to the
allocations procedures.
9. The Commission proposes to have filing entities report
traditional transiting traffic on a world-total basis. It proposes to
retain the requirement that filing entities include the terminating leg
of traffic that they reoriginated for a foreign carrier in their route-
specific data, but no longer report the originating leg. Filing
entities would also report reoriginated traffic on a world-total basis.
In addition, the Commission proposes to require filing entities to
report hubbed or reoriginated traffic on a world-total basis. Filing
entities should report IMTS traffic that goes through a ``spot market''
as part of their facilities IMTS or resale IMTS, as appropriate. The
Commission proposes that filing entities include country-beyond and
country-direct services, as well as call-back services, in their U.S.-
billed traffic and revenue data.
10. The commission proposes that service providers with less than
$5 million in IMTS resale revenues for the annual reporting period, and
who do not provide facilities IMTS, should be exempted from filing
their IMTS resale traffic and revenue data. It also proposes to
eliminate the requirements that filing entities submit a list of the
destinations to which they provide IMTS resale service. With a $5
million threshold, in 2009 over 1,100 carriers would not have needed to
file traffic and revenue data. The 86 carriers that would have filed
traffic and revenue data in 2009 under a $5 million threshold comprised
96 percent of the IMTS resale revenues for that year.
11. The Commission proposes to eliminate the current requirement
that filing entities break down their private line service data into
six categories based on the speed (bits per second) of the service. It
proposes to continue to require filing entities to report their private
line services provided over owned facilities on a route-specific basis,
but that filing entities report their circuits and revenues for service
provided over resold circuits on a world-total basis only. The
Commission proposes that filing entities report their data services
with miscellaneous services rather than their private line services. It
proposes to streamline the reporting requirements for miscellaneous
services by eliminating the current requirement to report by world
region and to report traffic volumes (e.g., minutes, messages, lines,
etc.) or payouts to foreign carriers. The Commission proposes to
streamline the reporting requirement for miscellaneous and data
services by only requiring filing entities to report services for
[[Page 42616]]
which they have revenues of $5 million or more. Filing entities would
report each of their miscellaneous and data services with $5 million or
more in revenue by providing the name of the service, a brief
description of the service, and the world total revenue for the
service.
12. Proposed Changes to the Circuit-Status Report. The Commission
finds that although it continues to need international circuit-status
data, it can simplify the reporting requirement and still obtain the
information that it needs. The Commission therefore proposes to
streamline the circuit-status reporting requirements by eliminating
reporting by service categories and the reporting of derived circuits.
Possible New Filing Entities
13. Providers of Interconnected VoIP Service. The Commission seeks
comment whether it should require providers of interconnected Voice
over Internet Protocol (VoIP) service, see 47 CFR 9.3, to submit data
regarding their provision of international telephone services under the
proposed streamlined reporting rules. Specifically, should the
Commission require interconnected VoIP providers to report their
international voice traffic and revenue in the same manner that
carriers report their IMTS traffic and revenue? International voice
traffic generated by interconnected VoIP service appears to constitute
a significant and growing component of the U.S. international voice
traffic market, and the Commission is concerned that it may not be to
able understand the IMTS marking without data regarding international
interconnected VoIP traffic. The Commission also seeks comment on its
legal authority to have interconnected VoIP providers file
international traffic and revenue data. Specifically, the Commission
seeks comment on whether requiring interconnected VoIP service
providers to meet certain of 47 CFR part 43 reporting requirements is
reasonably ancillary to the effective performance of the Commission's
statutory obligations under the Communications Act, 47 U.S.C. 151 et
seq., and the Cable Landing License Act of 1921, 47 U.S.C. 35-39. The
Commission also seeks comment whether it should require providers of
VoIP service that may not conform to the definition of ``interconnected
VoIP'' to report their international voice traffic and revenue data,
including any entities other than interconnected VoIP providers that
may have access to the information needed to provide international
traffic and revenue data for interconnected VoIP.
14. Owners of Non-Common Carrier International Circuits. The
Commission seeks comment on whether non-common carrier international
circuits should be reported in addition to common carrier circuits. At
the time the Commission adopted the circuit-status reporting
requirement, most circuits were provided by common carriers and almost
all submarine cables were common carrier facilities. Increasingly,
however, many of the facilities that are used for providing
international services--submarine cable, satellite, and terrestrial--
are operated on a non-common carrier basis. The Commission seeks
comment whether its statutory obligations under the Cable Landing
License Act require it to gather information about the use of
international non-common carrier circuits. Further the Commission seeks
comment on whether it has authority under the Communications Act to
require the reporting of international non-common carrier circuits.
Confidentiality
15. The Commission generally treats traffic and revenue information
submitted under 47 CFR 43.61 as non-confidential except for specific
pieces of information such as transit information, and has accorded
confidentiality to circuit-status information filed under 47 CFR 43.82.
The Commission believes that it serves the public interest by making
information filed with the Commission available to the public, subject
to protections afforded by law. It recognizes that there is
international traffic and revenue and circuit-status information that
appropriately should be treated as confidential. It does not appear,
however, that all such information filed with the Commission should be
given blanket treatment as confidential and made unavailable for public
inspection. On a going-forward basis, the Commission seeks to determine
what information should be identified as ``not routinely available to
the public under our rules.''
16. Traffic and revenue information. The Commission proposes to
identify traffic and revenue filed with the Commission that would be
treated as not routinely available to the public. The Commission would
consider other information to be routinely available for public
inspection subject to our rules. For example, the Commission is
proposing in the FNPRM to require service providers to disaggregate the
traffic they terminate on foreign fixed-line networks from the traffic
they terminate on foreign mobile networks. Such disaggregated reporting
could raise competitive concerns for carriers. The Commission believes
that it can accommodate such concerns in the same way it now treats
disaggregated information in the current traffic and revenue report--it
could adopt a proprietary schedule on which carriers report separately
the traffic they terminate on foreign fixed-line and mobile networks.
The Commission would keep such information confidential and allow
filing entities to file a separate schedule in which they would
aggregate the two methods of termination and thereby prevent
competitors from deriving any specific cost information. Service
providers would file this aggregated schedule in a separate, ``public''
version of their traffic and revenue reports that the Commission could
then make routinely available to the public.
17. The Commission proposes to provide in 47 CFR 0.457 that
disaggregated revenue, traffic and payout data information would not be
routinely available for public inspection. As further guidance for the
public, the Commission would instruct the International Bureau to
include in its Filing Manual detailed examples of records that would be
so treated. Commenters should address whether this information or any
other type of information that the Commission proposes that they
provide should be considered disaggregated and treated as not routinely
available for public inspection. Commenters should explain the basis
for confidential treatment under the standards of 47 CFR 0.459(a)(1),
with sufficient specificity to explain how public release of the
information would be competitively harmful. Commenters should also
address how the passage of time may make sensitive information non-
sensitive. Specifically, the Commission requests comment whether such
information could be released after two years, without causing
competitive harm.
18. Revised Circuit-Status Report. In the FNPRM, the Commission
proposes revisions to the circuit status data to be reported. The
Commission requests comment on whether the new, simplified circuit-
status report that proposed in the FNPRM contains competitively
sensitive information and whether they believe there will be a need for
the information to be kept confidential. As with the traffic and
revenue information, the Commission proposes to identify the circuit
information that should continue to be treated as not routinely
available.
[[Page 42617]]
Paperwork Reduction Act of 1995 Analysis
19. The Further Notice of Proposed Rulemaking portion of this First
Report and Order and Further notice of Proposed Rulemaking contains
proposed new or modified information collection requirements. As part
of the Commission's continuing effort to reduce paperwork burdens, the
Commission invites the general public and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995, Public Law 104-13. PRA comments should address: (a) Whether
the proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; (d) ways to minimize
the burden of the collection of information on the respondents,
including the use of automated collection techniques or other forms of
information technology; and (e) ways to further reduce the information
collection burden on small business concerns with fewer than 25
employees. In addition, pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see U.S.C. 3506(c)(4), the Commission
seeks specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
20. To view a copy of this information collection request (ICR)
submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently
Under Review'' (3) click on the downward-pointing arrow in the ``Select
Agency'' box below the ``Currently Under Review,'' heading, (4) select
''Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box (6) when the list of FCC ICRs
currently under review appears, look for the Title of this ICR and then
click on the ICR Reference Number. A copy of the FCC submission to OMB
will be displayed.
21. The proposed information collection requirements are as
follows:
OMB Control Number: 3060-xxxx.
Title: Section 43.62, Annual Reporting Requirements for U.S.
Providers of International Telecommunications Services and Circuits.
Form No.: N/A.
Type of Review: New Collection.
Respondents: Businesses or other profit entities.
Number of Respondents and Responses: 2,200 respondents and 2,976
responses.
Estimated Time per Response: 1 hour to 200 hours.
Frequency of Response: Annual reporting requirements.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for these proposed information collections is found
at under Sections 1, 4(i)-4(j), 11, 201-205, 211, 214, 219, 220,
303(r), 309 and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i)-154(j), 161, 201-205, 211, 214, 219-220, 303(r),
309, 403.
Total Annual Burden Hours: 107,172 hours.
Total Annual Costs: $15,300.
Nature and Extent of Confidentiality: An assurance of
confidentiality is not offered because this information collection does
not require the collection of personally identifiable information (PII)
from individuals.
Privacy Act Impact Assessment: No impacts.
Needs and Uses: On May 12, 2011, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking in (FCC 11-
76) in Reporting Requirements for U.S. Providers of International
Telecommunications Services, Amendment of Part 43 of the Commission's
Rules, IB Docket No. 04-112 (rel. May 13, 2011) (Part 43 Review Order).
That Order did two things. First, in the First Report and Order portion
of the Part 43 Review Order (covered by a separate supporting
statement), the Commission retained the annual traffic and revenue
report currently contained in section 43.61 of the Commission's rules,
but removed two reports that were also contained in that section. Also
in the First Report and Order portion of the Part 43 Review Order, the
Commission retained the annual circuit-status report currently
contained in section 43.82 of the rules.
22. Second, the Further Notice of Proposed Rulemaking (FNPRM)
portion of the Part 43 Review Order, proposed to modify both the
traffic and revenue report and the circuit-status report to streamline
them and improve the usefulness of the information the entities filing
the reports will submit. The FNPRM also proposed to remove the current
sections 43.61 and 43.82 and to consolidate the revised annual traffic
and revenue and annual circuit-status reports into a new section 43.62.
The FNPRM further proposed to replace the existing filing manuals for
each report with one new, consolidated filing manual covering both
reports.
Initial Regulatory Flexibility Analysis
23. As required by the Regulatory Flexibility Act (RFA),\1\ the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in this Further Notice of
Proposed Rulemaking (FNPRM).\2\ Written public comments are requested
on this IRFA. Comments must be identified as responses to the IRFA and
must be filed on or before the dated indicated above. The Commission
will send a copy of this FNPRM, including the IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration (SBA).\3\ In
addition, the FNPRM and IRFA (or summaries thereof) will be published
in the Federal Register.\4\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The FRA, see 5 U.S.C. 601-612 has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 (1996).
\2\ The Commission notes that it may certify this proceeding
under 5 U.S.C. 605, because its action will not have a significant
economic effect on a substantial number of small entities (as
discussed).
\3\ See 5 U.S.C. 603(a).
\4\ See id.
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Proposed Rules
24. The Commission initiated this comprehensive review of the
reporting requirements imposed on U.S. carriers providing international
telecommunications services. The Commission believes that the proposals
contained in the FNPRM will make it easier for carriers, both small and
large, to provide the information required by the rules. Other
proposals will provide the Commission with information it needs but
does not receive on an annual basis. In addition, section 11 of the
Telecommunications Act of 1996 directs the Commission to undertake, in
every even-numbered year beginning in 1998, a review of certain
regulations issued under the Communications Act of 1934, as amended.\5\
---------------------------------------------------------------------------
\5\ Pub. L. 104-104, 110 Stat. 56 (1996).
---------------------------------------------------------------------------
25. The objective of the FNPRM in this proceeding is to improve the
reporting requirements imposed on carriers providing international
telecommunications services in the proposed 47 CFR 43.62(a) and
43.62(b). Specifically, the FNPRM proposes to simplify, consolidate,
and revise the
[[Page 42618]]
annual traffic and revenue reporting requirements and the circuit-
status reporting requirements. The rule also proposes to require
entities to file some additional information in the traffic and revenue
report that they do not now file. Additionally, the rule proposes to
relieve service providers with annual revenues less than $5 million
from filing traffic and revenue reports for IMTS resale and the
provision of international miscellaneous services. Finally, the rule
proposes to require all providers of international telecommunications
services to file an annual services report that updates their contact
information and indicates whether or not they provided service during
the preceding calendar year. The FNPRM also seeks comment whether to
require some additional entities that provide international
telecommunications services to file the annual traffic and revenue
report and some additional entities that provide international
facilities to file the annual circuit-status report.
26. All U.S. carriers providing international telecommunications
services are required to file an annual report of their traffic and
revenues under 47 CFR 43.61(a). Under the proposed consolidated 47 CFR
43.62(a), those same carriers (and possibly some additional entities
that provide international telecommunications services) will file
similar traffic and revenue information. All U.S. facilities-based
carriers providing international telecommunications services are
required to file an annual report on the status of their circuits
pursuant to 47 CFR 43.82. Under the proposed 47 CFR 43.62(b), in this
proceeding, those same carriers (and possibly some other providers of
international telecommunications facilities) will file similar circuit-
status information. The information derived from the international
revenue and traffic report and circuit-status report is critical in
understanding the international telecommunications market. These
reports are the only source of publicly available information of this
nature.
27. The information obtained from these reports is used extensively
by the Commission, the industry, other government agencies, and the
public. The Commission uses the information to evaluate applications
for international facilities, track the development of the
international telecommunications market and the competitiveness of each
service and geographical market, formulate rules and policies
consistent with the public interest, monitor compliance with those
rules and policies, and guage the competitive effect of its decisions
on the market. Carriers use the information to track the balance of
payments in international communications services and for market
analysis purposes. Carriers and potential entrants use the information
for, among other things, assessment of market opportunities and to
monitor competition in markets. The Commission, along with other
government agencies such as the Department of Justice, uses the
information in merger analyses and negotiations with foreign countries.
In addition, the information contained in the circuit-status report
allows the Commission to comply with the statutory requirements of the
Omnibus Budget Reconciliation Act of 1993.
B. Legal Basis
28. The FNPRM is adopted pursuant to section 1, 4(i) and (j), 11,
201-205, 211, 214, 219, 220, 303(r), 309, and 403 of the Communications
Act of 1934 as amended, 47 U.S.C. 151, 154(i), 154(j), 161, 201-205,
211, 214, 219, 220, 303(r), 309, and 403, and the Cable Landing License
Act of 1921, 47 U.S.C. 35-39.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
29. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposals, if adopted.\6\ The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \7\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\8\ 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).\9\
---------------------------------------------------------------------------
\6\ 5 U.S.C. 603(b)(3).
\7\ 5 U.S.C. 601(6).
\8\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\9\ 5 U.S.C. 632.
---------------------------------------------------------------------------
1. Traffic and Revenue Report
The proposals in the FNPRM apply only to entities providing
international common carrier services pursuant to 47 U.S.C. 214;
entities that operate a telecommunications ``spot market'' that
themselves carry international traffic; entities providing domestic or
international wireless common carrier services under 47 U.S.C. 309;
entities providing common carrier satellite facilities under 47 U.S.C.
309; entities licensed to construct and operate submarine cables under
the Cable Landing License Act on a common carrier basis; and entities
that provide international terrestrial telecommunications facilities on
a common carrier basis (including incumbent local exchange carriers
that offer such facilities). At present, carriers that provide
international telecommunications services are required to file the
annual traffic and revenue report. The FNPRM seeks comment on whether
to have entities providing VoIP service interconnected with the public
switched telephone network also file the traffic and revenue report.
The FNPRM also proposes to have all filing entities file a Services
Report with information about the filing entity--such as address, phone
number, e-mail address, and the international section 214
authorizations held by the carrier. Further, the FNPRM proposes a
number of changes that would simplify the traffic and revenue report,
as well as require some new information.
31. The entities that the FNPRM proposes to require to file the
traffic and revenue and reports are a mixture of both large and small
entities. The Commission has not developed a small business size
standard directed specifically toward these entities. However, as
described below, these entities fit into larger categories for which
the SBA has developed size standards that provide these facilities or
services.
32. Facilities-based Carriers. Facilities-based providers of
international telecommunications services would fall into the larger
category of interexchange carriers. Neither the Commission nor the SBA
has developed a small business size standard specifically for providers
of interexchange services. The appropriate size standard under SBA
rules is for the category Wired Telecommunications Carriers. Under that
size standard, such a business is small if it has 1,500 or fewer
employees.\10\ Census Bureau data for 2007, which now supersede data
from the 2002 Census, show that there were 3,188 firms in this category
that operated for the entire year. Of this total, 3,144 had employment
of 999 or
[[Page 42619]]
fewer, and 44 firms had had employment of 1,000 employees or more. Thus
under this category and the associated small business size standard,
the majority of these interexchange carriers can be considered small
entities.\11\ According to Commission data, 359 companies reported that
their primary telecommunications service activity was the provision of
interexchange services.\12\ Of these 359 companies, an estimated 317
have 1,500 or fewer employees and 42 have more than 1, 500
employees.\13\ Consequently, the Commission estimates that the majority
of interexchange service providers are small entities that may be
affected by rules adopted pursuant to the FNPRM.
---------------------------------------------------------------------------
\10\ 13 CFR 121.201, NAICS code 517110.
\11\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ5: Employment Size of Firms for the U.S.: 2007.''
Click ``Next'' and find data related to NAICS code 517110 in the
left column for ``Wired telecommunications carriers'') (last visited
March 2, 2011).
\12\ See Trends in Telephone Service at Table 5.3.
\13\ See id.
---------------------------------------------------------------------------
33. In the 2009 annual traffic and revenue report, 38 facilities-
based and facilities-resale carriers reported approximately $5.8
billion in revenues from international message telephone service
(IMTS). Of these, three reported IMTS revenues of more than $1 billion,
eight reported IMTS revenues of more than $100 million, 10 reported
IMTS revenues of more than $50 million, 20 reported IMTS revenues of
more than $10 million, 25 reported IMTS revenues of more than $5
million, and 30 reported IMTS revenues of more than $1 million. Based
solely on their IMTS revenues the majority of these carriers would be
considered non-small entities under the SBA definition.\14\
---------------------------------------------------------------------------
\14\ See 13 CFR 121.201, NAICS Code at Subsector 517--
Telecommunications.
---------------------------------------------------------------------------
34. The 2009 traffic and revenue report also shows that 45
facilities-based and facilities-resale carriers (including 14 who also
reported IMTS revenues) reported $683 million for international private
line services; of which four reported private line revenues of more
than $50 million, 12 reported private line revenues of more than $10
million, 30 reported revenues of more than $1 million, 34 reported
private line revenues of more than $500,000; 41 reported revenues of
more than $100,000, while 2 reported revenues of less than $10,000.
35. The 2009 traffic and revenue report also shows that seven
carriers (including one that reported both IMTS and private line
revenues, one that reported IMTS revenues and three that reported
private line revenues) reported $50 million for international
miscellaneous services, of which two reported miscellaneous services
revenues of more than $1 million, one reported revenues of more than
$500,000, two reported revenues of more than $200,000, one reported
revenues of more than $50,000, while one reported revenues of less than
$20,000. Based on its miscellaneous services revenue, this one carrier
with revenues of less than $20,000 would be considered a small business
under the SBA definition. Based on their private line revenues, most of
these entities would be considered non-small entities under the SBA
definition.
36. IMTS Resale Providers. Providers of IMTS resale services are
common carriers that purchase IMTS from other carriers and resell it to
their own customers. The SBA has developed a small business size
standard for the category of Telecommunications Resellers. Under that
size standard, such a business is small if it has 1,500 or fewer
employees.\15\ Census data for 2007 show that 1,523 firms provided
resale services during that year. Of that number, 1,522 operated with
fewer than 1,000 employees and one operated with more than 1,000.\16\
Thus under this category and the associated small business size
standard, the majority of these resellers can be considered small
entities. In the 2009 traffic and revenue report, 1,232 carriers
reported that they provided IMTS on a pure resale basis.\17\ Based on
their IMTS resale revenues, IMTS resale service is primarily provided
by carriers that would be considered small businesses under the SBA
definition. For example, of the 1,232 IMTS resale carrier, 644 carriers
reported revenues of less than $10,000; 1,025 had revenues less than
$500,000; and 1,068 had revenues less than $1 million.\18\
Consequently, the Commission estimates that the majority of IMTS
resellers are small entities that may be affected by our action.
---------------------------------------------------------------------------
\15\ 13 CFR 121.201, NAICS code 517911.
\16\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ5: Employment Size of Firms for the US: 2007.''
Click ``Next'' and find data related to NAICS code 517911 in the
left column for ``Telecommunications Resellers'') (last visited
March 2, 2011).
\17\ See FCC, International Bureau, Strategic Analysis and
Negotiations Division, ``2009 International Telecommunications
Data'' at page 1-2, Statistical Findings, and Table D at page 22
(April 2011). FCC website location http://www.fcc.gov/ib/sand/mniab/traffic/.
\18\ Id.
---------------------------------------------------------------------------
37. Wireless Carriers and Service Providers. Included among the
providers of IMTS resale are a number of wireless carriers that also
provide wireless telephony services domestically. The Commission
classifies these entities as providers of Commercial Mobile Radio
Services (CMRS). At present, most, if not all, providers of CMRS that
offer IMTS provide such service by purchasing IMTS from other carriers
to resell it to their customers. The Commission has not developed a
size standard specifically for CMRS providers that offer resale IMTS.
Such entities would fall within the larger category of wireless
carriers and service providers. Below, for those services subject to
auctions, the Commission notes that, as a general matter, the number of
winning bidders that qualify as small businesses at the close of an
auction does not necessarily represent the number of small businesses
currently in service. Also, the Commission does not generally track
subsequent business size unless, in the context of assignments or
transfers, unjust enrichment issues are implicated.
38. Wireless Telecommunications Carriers (except Satellite). Since
2007, the Census Bureau has placed wireless firms within this new,
broad, economic census category.\19\ Prior to that time, such firms
were within the now-superseded categories of Paging and Cellular and
Other Wireless Telecommunications.\20\ Under the present and prior
categories, the SBA has deemed a wireless business to be small if it
has 1,500 or fewer employees.\21\ For the category of Wireless
Telecommunications Carriers (except Satellite), Census data for 2007,
which supersede data contained in the 2002 Census, show that there were
1,383 firms that operated that year.\22\ Of
[[Page 42620]]
those 1,383, 1,368 had fewer than 100 employees, and 15 firms had more
than 100 employees. Thus under this category and the associated small
business size standard, the majority of firms can be considered small.
Similarly, according to Commission data, 413 carriers reported that
they were engaged in the provision of wireless telephony, including
cellular service, Personal Communications Service, and Specialized
Mobile Radio Telephony services.\23\ Of these, an estimated 261 have
1,500 or fewer employees and 152 have more than 1,500 employees.\24\
Consequently, the Commission estimates that approximately half or more
of these firms can be considered small. Thus, using available data, we
estimate that the majority of wireless firms can be considered small.
---------------------------------------------------------------------------
\19\ U.S. Census Bureau, 2007 NAICS Definitions: Wireless
Telecommunications Categories (except Satellite), http://www.census.gov/naics/2007/def/ND517210.HTM (last visited March 2,
2011).
\20\ U.S. Census Bureau, 2002 NAICS Definitions: Paging, http://www.census.gov/epcd/naics02/def/NDEF517.HTM (last visited March 2,
2011); U.S. Census Bureau, 2002 NAICS Definitions: Other Wireless
Telecommunications, http://www.census.gov/epcd/naics02/def/NDEF517.HTM (last visited March 2, 2011).
\21\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes
517211 and 517212 (referring to the 2002 NAICS).
\22\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ5: Employment Size of Firms for the US: 2007.''
Click ``Next'' and find data related to NAICS code 517210 in the
left column for ``Wireless Telecommunications Carriers (except
Satellite)'') (last visited March 2, 2011).
\23\ See Trends in Telephone Service at Table 5.3.
\24\ See id.
---------------------------------------------------------------------------
39. Wireless Communications Services. This service can be used for
fixed, mobile, radiolocation, and digital audio broadcasting satellite
uses. The Commission defined ``small business'' for the Wireless
Communications Services (WCS) auction as an entity with average gross
revenues of $40 million for each of the three preceding years, and a
``very small business'' as an entity with average gross revenues of $15
million for each of the three preceding years.\25\ The SBA has approved
these definitions.\26\ The Commission auctioned geographic area
licenses in the WCS service. In the auction, which commenced on April
15, 1997 and closed on April 25, 1997, seven bidders won 31 licenses
that qualified as very small business entities, and one bidder won one
license that qualified as a small business entity.
---------------------------------------------------------------------------
\25\ Amendment of the Commission's Rules to Establish Part 27,
the Wireless Communications Service, GN Docket No. 96-228, Report
and Order, 12 FCC Rcd 10785, 10879, para. 194 (1997).
\26\ See Letter from Aida Alvarez, Administrator, SBA, to Amy
Zoslov, Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, FCC (filed Dec. 2, 1998).
---------------------------------------------------------------------------
40. Providers of Interconnected VoIP services. In addition to the
carriers that now file the annual traffic and revenue report, the FNPRM
seeks comment whether interconnected VoIP service providers should also
file data on their international voice traffic. The entities that
provide such services are a mix of large and small entities. We do not
have information on the size of such VoIP providers. The 2007 Economic
Census includes VoIP providers in a larger class called ``Internet
Service Providers'' (ISPs), and classes such ISPs in two categories,
depending upon whether the service is provided over the provider's own
facilities (e.g., cable or DSL ISPs), or over client-supplied
telecommunications connections (e.g., dial-up ISPs). The former are
within the category of Wired Telecommunications Carriers.\27\ As a
result, for the purpose of this IRFA we shall consider all such
entities to be small entities within the meaning of the Small Business
Act, which has an SBA small business size standard of 1,500 or fewer
employees.\28\ The latter are within the category of All Other
Telecommunications,\29\ which has a size standard of annual receipts of
$25 million or less.\30\ Our proposal pertains to interconnected VoIP
services, which could be provided by entities that provide other
services such as email, online gaming, web browsing, video
conferencing, instant messaging, and other, similar IP-enabled
services. The SBA has developed a small business size standard for this
category; that size standard is $7.0 million or less in average annual
receipts.\31\ According to Census Bureau data for 2007, there were 367
firms in this category that operated for the entire year.\32\ Of these,
334 had annual receipts of under $5 million, and an additional 11 firms
had receipts of between $5 million and $9,999,999.\33\ Consequently, we
estimate that the majority of interconnected VoIP providers are small
entities.
---------------------------------------------------------------------------
\27\ U.S. Census Bureau, 2007 NAICS Definitions: Wired
Telecommunications Carriers, http://www.census.gov/naics/2007/def/ND517110.HTM (last visited March 2, 2011).
\28\ 13 CFR 121.201, NAICS code 517110 (updated for inflation in
2008).
\29\ U.S. Census Bureau, 2007 NAICS Definitions: All Other
Telecommunications, http://www.census.gov/naics/2007/def/ND517919.HTM (last visited March 2, 2011).
\30\ 13 CFR 121.201, NAICS code 517919 (updated inflation in
2008).
\31\ 13 CFR 121.201 NAICS code 519190. See also http://www.sba.gov./sites/default/files/Size_Standards_Table.pdf.
\32\ http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=1200&-ds_name=EC0751SSSZ4&-_lang=en.
\33\ http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=1100&-ds_name=EC0751SSSZ4&-_lang=e
---------------------------------------------------------------------------
41. Spot Market operators. A ``spot market'' is a market where IMTS
providers can buy or sell call completion services for calls, including
IMTS calls. A customer of the spot market enters into a contract with
the spot market owner to buy or sell call completion services by
interconnecting at a spot market point of presence. The spot market
owner acts as broker by facilitating the exchange of calls between spot
market customers, who may not know each other's identity. The
Commission has not developed a small business size standard
specifically for operators of spot markets. As a result, for purposes
of this IRFA, we shall consider all such entities to be small
businesses.
2. Circuit-Status Report
42. The proposals in the FNPRM apply only to entities that have
international bearer circuits. The FNPRM proposes changes to the
information that must be provided about international common carrier
circuits. The FNPRM also seeks comment whether data should be reported
regarding non-common carrier international circuits.
43. Providers of International Telecommunications Transmission
Facilities. According to the 2009 Circuit-Status Report, 75 U.S.
international facility-based carriers filed information pursuant to
Sec. 43.82 of the Commission's rules.\34\ Some of these providers
would fall within the category of interexchange carriers, some would
fall within the category of Wired Telecommunications Carriers, while
others may not. The Commission has not developed a small business size
standard specifically for provides of interexchange services. The
appropriate size standard under SBA rules is for the category Wired
Telecommunications Carriers. Under that size standard, such a business
is small if it has 1,500 or fewer employees.\35\ The circuit-status
report does not include employee or revenue statistics, so we are
unable to determine how many carriers could be considered small
entities under the SBA standard. Although it is quite possible that a
carrier could be considered small entities under the SBA standard.
Although it is quite possible that a carrier could report a small
amount of capacity and have significant revenues, we will consider
those 75 carriers to be small entities at this time. In addition, of
the 79 carrier that filed an annual circuit-status report for 2009,
there were at least four carriers that reported no circuits owned or in
use at the end of 2009.\36\
---------------------------------------------------------------------------
\34\ See International Bureau Releases 2009 Year-End Circuit
Status Report for U.S. Facilities-Based International Carriers;
Capacity Use Shows Modest Growth, rel. Dec. 21, 2010. The report is
available on the FCC Web site at http://www.fcc.gov/ib/pd/pf/csmanual.html.
\35\ 13 CFR 121.201, NAICS code 517110.
\36\ Id.
---------------------------------------------------------------------------
44. Satellite Telecommunications Providers. Other providers of
[[Page 42621]]
international transmission facilities are those that operate
international common carrier and non-common carrier satellite systems.
Such systems provide circuits to providers of international
telecommunication services or provide circuits directly to end users.
With respect to the circuits such systems provide to telecommunications
service providers, those circuits are reported in the circuit-status
reports of those providers. Circuits that operators of international
satellite systems offer directly to end users are not now reported
under the circuit-status report. It is those circuits that the FNPRM
proposes to require operators of international satellite services to
report in the circuit-status report. The Commission has not determined
a size standard specifically for operators of international satellite
systems that offer circuits directly to end users. However, two
economic census categories address the satellite industry. Under SBA
rules, the first category has a small business size standard of $15
million or less in average annual receipts.\37\ The second category has
a size standard of $25 million or less in annual receipts.\38\
---------------------------------------------------------------------------
\37\ 13 CFR 121.201, NAICS code 517410.
\38\ 13 CFR 121.201, NAICS code 517919.
---------------------------------------------------------------------------
45. The category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing telecommunications
services to other establishments in the telecommunications and
broadcasting industries by forwarding and receiving communications
signals via a system of satellites or reselling satellite
telecommunications.'' \39\ Census Bureau data for 2007 show that 512
Satellite Telecommunications firms that operated for that entire
year.\40\ Of this total, 464 firms had annual receipts of under $10
million, and 18 firms had receipts of $10 million to $24,999,999.\41\
Consequently, the Commission estimates that the majority of Satellite
Telecommunications firms are small entities that might be affected by
our action.
---------------------------------------------------------------------------
\39\ U.S. Census Bureau, 2007 NAICS Definitions, Satellite
Telecommunications, http://www.census.gov/naics/2007/def/ND517410.HTM (last visited March 2, 2011).
\40\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ4: Receipts Size of Firms for the U.S.: 2007.''
Click ``Next'' and find data related to NAICS code 517210 in the
left column for ``Satellite Telecommunications'') (last visited
March 2, 2011).
\41\ Id.
---------------------------------------------------------------------------
46. The second category, i.e., All Other Telecommunications,
comprises ``establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing Internet services or voice over Internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry.'' \42\ For this
category, Census Bureau data for 2007 show that there were a total
2,383 firms that operated for the entire year.\43\ Of this total, 2,347
firms had annual receipts of under $25 million and 12 firms had annual
receipts of $25 million to $49,999,999.\44\ Consequently, the
Commission estimates that the majority of All Other Telecommunications
firms are small entities that might be affected by our action.
---------------------------------------------------------------------------
\42\ U.S. Census Bureau, 2007 NAICS Definitions, All Other
Telecommunications, http://www.census.gov/naics/2007/def/ND517919.HTM (last visited March 2, 2011).
\43\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ4: Receipts Size of Firms for the U.S.: 2007.''
Click ``Next'' and find data related to NAICS code 517919 in the
left column for ``All Other Telecommunications'') (last visited
March 2, 2011).
\44\ Id.
---------------------------------------------------------------------------
47. Operators of Non-Common Carrier Undersea Cable Systems. The
FNPRM seeks comment on whether data should be filed for international
non-common carrier circuits on submarine cable facilities. Neither the
Commission nor the SBA has developed a size standard specifically for
operators of non-common carrier undersea cables. Such entities would
fall within the large category of Wired Telecommunications Carriers.
The size standard under SBA rules for that category is that such a
business is small if it has 1,500 or fewer employees.\45\ Census Bureau
data for 2007, which now supersede data from the 2002 Census, show that
there were 3,188 firms in this category that operated for the entire
year. Of this total, 3,144 had employment of 999 or fewer, and 44 firms
had had employment of 1,000 employees or more. Thus under this category
and the associated small business size standard, the majority of these
carriers can be considered small entities.\46\ We do not have data on
the number of employees or revenues of operators of non-common carrier
undersea cables. Because providers of non-common carrier undersea
cables do not now file an annual circuit-status report, we do not know
how many such entities provide circuits directly to end users. We do
know that a number of such entities pay regulatory fees on such
circuits, but the names of such entities are confidential. Because we
do not have information on the number of employees or their annual
revenues, we shall consider all such providers to be small entities for
purposes of this IRFA.
---------------------------------------------------------------------------
\45\ 13 CFR 121.201, NAICS code 517110.
\46\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information''. Under ``Subject Series,''
choose ``EC0751SSSZ5: Employment Size of Firms for the U.S.: 2007.''
Click ``Next'' and find data related to NAICS code 517110 in the
left column for ``Wired Telecommunications carriers'') (last visited
March 2, 2011).
---------------------------------------------------------------------------
48. Operators of Non-Common Carrier International Transmission
Facilities. At present, carriers that provide common carrier
international transmission facilities report the number of circuits
they provide under the annual circuit-status report. The FNPRM seeks
comment on whether data should be filed on international non-common
carrier circuits on terrestrial facilities. Neither the Commission nor
the SBA has developed a small business size standard specifically for
providers of non-common carrier terrestrial facilities. The operators
of such terrestrial facilities would fall within the larger category of
Wired Telecommunications Carriers. The appropriate size standard under
SBA rules for the Wired Telecommunications Carriers category is that
such a business is small if it has 1,500 or fewer employees.\47\ Census
Bureau data for 2007, which now supersede data from the 2002 Census,
show that there were 3,188 firms in this category that operated for the
entire year. Of this total, 3,144 had employment of 999 or fewer and 44
firms had had employment of 1000 or more. Providers of microwave
international transmission facilities would fall into the category of
Fixed Microwave Services. The Commission has not yet defined a small
business with respect to microwave service. For purposes of this IRFA,
the Commission will use the SBA's definition applicable to Wireless
Telecommuinications Carriers (except satellite). The appropriate size
standard under SBA rules for the Wireless Telecommunications Carriers
(except
[[Page 42622]]
satellite) is that such a business is small if it has 1,500 or fewer
employees. For the category of Wireless Telecommunications Carrier
(except satellite), Census data for 2007, which supersede data
contained in the 2002 Census, show that there were 1383 firms that
operated that year. Of those 1,383 firms, 1,368 had fewer than 100
employees and 15 had more than 100 employees. Thus under this category
and the associated small business size standard, the majority of these
providers of international terrestrial facilities can be considered
small providers.\48\
---------------------------------------------------------------------------
\47\ 13 CFR 121.201, NAICS code 517110.
\48\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ5: Employment Size of Firms for the U.S.: 2007.''
Click ``Next'' and find data related to NAICS code 517110 in the
left column for ``Wired telecommunications carriers'') (last visited
March 2, 2011).
---------------------------------------------------------------------------
49. Incumbent Local Exchange Carriers. Because some of the
international terrestrial facilities that are used to provide
international telecommunications services may be owned by incumbent
local exchange carriers, we have included small incumbent local
exchange carriers in this present IRFA, to the extent that such local
exchange carriers may operate such international facilities. (Local
exchange carriers along the U.S.-border with Mexico or Canada may have
local facilities that cross the border.) Neither the Commission nor the
SBA has developed a small business size standard specifically for
incumbent local exchange carriers. The appropriate size standard under
SBA rules is for the cagtegory Wired Telecommunications Carriers. Under
that size standard, such a business is small if it has 1,500 or fewer
employees.\49\ Census Bureau data for 2007, which now supersede data
from the 2002 Census, show that there were 3,188 firms in this category
that operated for the entire year. Of this total, 3,144 had employment
of 999 or fewer and 44 firms had had employment of 1000 or more.
According to Commission data, 1,307 carriers reported that they were
incumbent local exchange service providers.\50\ Of these 1,307
carriers, an estimated 1,006 have 1,500 or fewer employees and 301 have
more than 1,500 employees.\51\ As noted above, a ``small business''
under the IRFA 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 its field of
operation.'' \52\ The SBA's Office of Advocacy contends that, for an
IRFA, small incumbent local exchange carriers are not dominant in their
field of operation because any such dominance is not ``national'' in
scope.\53\ Consequently, the Commission estimates that most providers
of local exchange service are small entities that may be affected by
the rules and policies proposed in the FNPRM. We have therefore
included small incumbent local exchange carriers in this IRFA, although
we emphasize that this IRFA action has no effect on Commission analysis
and determinations in other, non-IRFA contexts. Thus under this
category and the associated small business size standard, the majority
of these incumbent local exchange service providers can be considered
small providers.\54\
---------------------------------------------------------------------------
\49\ 13 CFR 121.201, NAICS code 517110.
\50\ See Trends in Telephone Service, Federal Communications
Commission, Wireline Competition Bureau, Industry Analysis and
Technology Division at Table 5.3 (Sept. 2010) (Trends in Telephone
Service).
\51\ See Id.
\52\ 15 U.S.C. 632.
\53\ Letter from Jere W. Glover, Chief Counsel for Advocacy,
SBA, to William E. Kennard, Chairman, FCC (May 27, 1999). The Small
Business Act contains a definition of ``small-business concern,''
which the RFA incorporates into its own definition of ``small
business.'' See 15 U.S.C. 632(a) (Small Business Act); 5 U.S.C.
601(3) (RFA). SBA regulations interpret ``small business concern''
to include the concept of dominance on a national basis. 13 CFR
121.102(b).
\54\ U.S. Census Bureau, American FactFinder, 2007 Economic
Census, http://factfinder.census.gov, (find ``Economic Census'' and
choose ``get data.'' Then, under ``Economic Census data sets by
sector * * *,'' choose ``Information.'' Under ``Subject Series,''
choose ``EC0751SSSZ5: Employment Size of Firms for the U.S.: 2007.''
Click ``Next'' and find data related to NAICS code 517110 in the
left column for ``Wired telecommunications carriers'') (last visited
March 2, 2011).
---------------------------------------------------------------------------
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
50. The First Report and Order Portion of this order decided to
retain the annual traffic and revenue reporting requirements and the
annual circuit-status reporting requirements because it found that the
collection and public reporting of this information continues to be
necessary in the public interest. The FNPRM portion of this order seeks
comment on whether some additional entities that offer international
telecommunications services should also file the annual traffic and
revenue report. It also seeks comment on whether data should be filed
for international non-common carrier circuits on submarine cable,
satellite and terrestrial facilities. These additional entities play a
significant role in the U.S. international telecommunications market.
The FNPRM seeks comment on whether data from these entities is needed
to gain a more comprehensive reporting of the international
telecommunications market.
51. The FNPRM, however, also proposes to simplify and clarify the
reporting requirements to reduce the burdens for both small and large
carriers. Because carriers currently are required to file annual
traffic and revenue and circuit-status report, the proposals contained
in the FNPRM will not impose any significant additional economic burden
on small carriers. The proposal to exempt filing entities that only
provide IMTS resale and have less than $5 million in annual revenues
from filing traffic and revenue data will exempt over 1,100 carriers
from filing traffic and revenue data. The FNPRM seeks comment on
whether to have additional entities to file the report, which if
imposed would place a burden on those additional entities to file a
traffic and revenue report. However, because the information contained
in the proposed reporting requirements is the same information that the
carriers collect and maintain during the routine course of business,
that burden should not be substantial.
52. The FNPRM contains proposed revisions to the traffic and
revenue reporting requirements, including a new proposed Service Report
and five proposed schedules that show the specific information that
filing entities would be required to report and how they would report
it. The proposed reporting requirements are described below. However,
because the Commission may change the reporting proposed in the FNPRM
based on comments received in this proceeding, the schedules may also
change.
53. First, the FNPRM proposes a new, generic Service Report that
all entities that provide international telecommunications services or
facilities would be required to file annually. This report would
require such entities to file basic information on the services or
facilities they provided in the preceding calendar year. Specifically,
the entity would be required to provide its name, its Form 499-A
identification number,\55\ its
[[Page 42623]]
Commission Registration System (CORES) identification number \56\ and
to update its contact information. Additionally, those carriers that
hold authorizations under section 214 of the Communications Act are
required to list those authorizations. In addition, a filing entity
would be required to indicate which international telecommunications
services it provided during the previous year. Based on the services
the responding carrier reported, the schedule would inform the carrier
which other schedules, if any, the carrier would be required to
complete.
---------------------------------------------------------------------------
\55\ FCC Form 499-A is the Commission's Telecommunications
Reporting Worksheet. All telecommunications carriers are required to
file this form annually to calculate contributions to the universal
service support mechanisms, as well as to the TRS Fund, the cost
recovery for numbering administration, and the cost recovery for the
shared costs of local number portability. In addition, the
information is used by carriers to comply with the Commission's
registration requirement for new and existing carriers providing
interstate telecommunications service.See 47 CFR 52.1(b), 52.32(b),
54.711(a), 64,604(c)(4)(iii)(B), and 64.1195.
\56\ CORES is a Web-based, password-protected, registration
system that assigns a unique 10-digit FCC Registration Number (FRN)
for use when doing business with the FCC. See New Commission
Registration System (CORES) to be Implemented July 19, Public
Notice, 15 FCC Rcd 18754 (2000).
---------------------------------------------------------------------------
54. Proposed Schedule 1 would replace the IMTS billing codes used
in the 47 CFR 43.61 report and would, like those codes, require filing
entities to continue to submit country-by-country traffic and revenue
information for their IMTS service--albeit in a much simplified manner.
Filing entities would use the proposed Schedule 1 to report both
``outbound'' and ``inbound'' IMTS traffic and revenues. The proposed
schedule would require filing entities to report their minutes of
outbound and inbound IMTS, the revenues associated with those minutes,
the amount of payouts they make to foreign telecommunications
organizations for terminating outbound traffic and the amount of
settlement receipts they receive from foreign telecommunications
entities to terminate traffic in the United States. The proposed
schedule would institute a new requirement for filing entities to
report separately the payments they make to their correspondents for
terminating traffic on landline networks from the payments for
terminating traffic on mobile networks (mobile termination rates). This
information is needed because current mobile termination rates are
significantly higher that the rates for termination on landline
networks and those charges may be excessive, not cost based and
possibly discriminatory. The FNPRM proposes to clarify the reporting of
``non-route-specific revenues'' derived from monthly or non-recurring
charges for international calling plans by requiring a filing entity to
allocate such revenues in way that relates them to the entity's
international traffic.
55. The proposed Schedule 1 would make a number of changes that
would simplify the reporting of IMTS. First, filing entities would no
longer be required to report the number of outbound or inbound IMTS
calls they handled. Second, the proposed schedule would eliminate the
requirement that filing entities report regional totals for their IMTS
services. Third, the proposed schedule would also eliminate the current
requirement that filing entities separately report traffic they settle
under alternative arrangements such as ``country direct,'' ``country
beyond'' and reorigination. Rather, filing entities would be able to
include information on such traffic in the total traffic and revenue
figures they report for each country they serve.
56. Proposed Schedule 2 would require filing entities to report a
number of pieces of traffic and revenue information on a world-total,
rather than route-by-route basis. First, it would require filing
entities to report their would-total traffic and revenues for
facilities-based IMTS and for IMTS resale they handled during the
preceding year. Filing entities would be required to total the traffic
and revenue figures for these two services to report a total traffic
and revenue figure for all U.S.-billed IMTS and to report the
percentage of those world-total figures that is attributable to non-
route-specific revenues. Second, the proposed schedule would require
filing entities to report their world-total U.S.-billed IMTS minutes
and revenues separately for three major segments (residential, business
and government, and U.S. resellers). Third, the proposed schedule would
require riling entities to report on a world-total, rather than route-
by-route basis, the traffic and revenues they derive from reoriginated
traffic and from traditional transiting IMTS. The proposed schedule
would simplify the reporting of IMTS resale by eliminating the current
requirement that filing entities provide a list of the countries to
which they provided IMTS resale. Additionally, the proposed schedule
would exempt from the IMTS resale filing requirement any filing entity
that had IMTS resale revenues of less than $5 million during the
preceding year.
57. Proposed Schedule 3 would require filing entities to provide
country-by-country information on the international private line
services they provided in the preceding year. The proposed schedule
would require filing entities to report separately the revenues they
received for private line service provided over facilities they own and
for service provided over resold circuits. Filing entities would no
longer be required to report separately each type of private line
service they provided. Rather, they would merely report the 64 Kbps
equivalents of the private line circuits they provided.
58. Proposed Schedule 4 would require filing entities to continue
to provide world-total revenue information for each international
``miscellaneous service'' they provided during the preceding year, but
on a simplified basis. Services other than IMTS and private line
service would be considered ``miscellaneous service.'' First, the
proposed schedule would exempt from the filing requirement any
miscellaneous service for which a filing entity had less than $5
million in revenue. Second, filing entities would no longer be required
to report the volume of traffic of each service they provided. Filing
entities would be required to provide only the name and a brief
description for each miscellaneous service and the total annual
revenues they received for that service.
59. Proposed Schedule 5 would implement the revised circuit-status
report. The proposed schedule would continue to require filing entities
to provide a snapshot of their active and idle circuits as of December
31 of each year, but on a simplified basis. Filing entities would
continue to report the circuits they have in place for each country
they serve. Filing entities would also continue to report separately
the circuits they have on submarine cables, satellites, and terrestrial
links. The proposed schedule would continue to require filing entities
to report their circuit use in units of 64 Kbps equivalent circuits.
The proposed schedule, however, would no longer require filing entities
to report separately each service for which they use their circuits.
The proposed schedule would also eliminate the current requirement that
filing entities report the number of 64 Kbps equivalent virtual
circuits they derive from their bearer circuits by means of circuit-
multiplication equipment.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
60. 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 small entities; (3) the
[[Page 42624]]
use of performance, rather than design, standards; and (4) an exception
from coverage or the rule, or any part thereof, for small entities.''
\57\
---------------------------------------------------------------------------
\57\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------
61. The FNPRM seeks comment on a number of proposals to simplify
and consolidate the reporting requirements for carriers providing
international telecommunications services. The proposals in the FNPRM
are designed to reduce the regulatory requirements for both small and
large carriers, while maintaining and enhancing the goals the reports
serve.
62. The possible change to the reporting requirements with the most
significant impact on small carriers is the proposal to exempt pure
resale carriers with less than $5 million in revenues from IMTS resale
during the preceding year from the need to file a traffic and revenue
report. Based on the number of carriers filing the annual traffic and
revenue report in 2009, the majority of carriers would be considered
small carriers.\58\ This proposal would benefit a substantial number of
small entities by relieving them from the requirement to report their
IMTS resale traffic.
---------------------------------------------------------------------------
\58\ See FCC, 2009 International Telecommunications Data, p. 1,
Statistical Findings (April 2000). The report is available at http://www.fcc.gov/ib/sand/mniab/traaffic/.
---------------------------------------------------------------------------
63. The FNPRM proposes to simplify the information that the
carriers, both small and large, must submit for any traffic and revenue
reports. First, the FNPRM proposes to eliminate the requirement that
carriers provide information on the number of messages that they
carried the previous year. Second, the FNPRM proposes to eliminate the
requirement that carriers use the billing codes set out in the Filing
Manual and the Public Notices. Currently, carriers report international
telephone traffic under 12 different billing codes, and the various
billing codes have presented recurrent problems for carriers filing the
reports as well as those who review the reports. Third, the FNPRM
proposes a set of schedules for the reporting of the traffic and
revenue and circuit-status information in lieu of the two filing
manuals that are currently used. The FNPRM proposes to streamline some
of the reporting categories, which will reduce the reporting
requirements on both small and large entities.
64. The FNPRM proposes to consolidate 47 CFR 43.61 (traffic and
revenue reporting requirement) and 47 CFR 43.82 (circuit-status
reporting requirement) into one rule. Consolidating the rules will
eliminate the requirement that carriers file two separate reports--one
for traffic and revenue data and one for circuit-status data. The FNPRM
proposes that one filing manual be developed that will satisfy the
reporting requirements of the new rule. One consolidated filing manual
for both reports would be less confusing and less time-consuming for
both small and large carriers.
65. The FNPRM also proposes to require carriers to file the report
earlier than currently required in order to improve the timeliness of
the resulting report. In selecting a proposed filing date, the
Commission tried to balance the need for more expeditious filing with
any burden an earlier filing would place on carriers. In addition, with
more timely-filed data, it would be unnecessary for carriers to file
corrected traffic and revenue data. The proposed new filing date
minimizes any burden on the carriers because it does not coincide with
any other reporting requirements. Also, carriers will not be burdened
with filing another report with corrected data.
66. The FNPRM seeks comment on whether it would significantly speed
and facilitate the submission of data if the Commission were to
encourage or mandate carriers to submit their data electronically.
Electronic filing would lessen the burden of filing the reports for
both small and large carriers. Because carriers maintain the data
electronically, it would be practicable for carriers to submit the data
in the same format rather than convert the data into a different
format.
67. The FNPRM proposes a general report that will make it very
simple for a carrier to determine which, if any, reporting requirements
are applicable to the carrier. In addition, this proposal will simplify
a carrier's compliance with other reporting requirements, such as the
form 499-A.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
68. None.
Ordering Clauses
69. It is ordered that, pursuant to the authority contained in
sections 1, 4(i), 4(j) 11, 201-205, 211, 214, 219, 220, 303(r), 309,
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 161, 201-205, 211, 214, 219, 220, 303(r), 309 and 403,
and the Cable Landing License Act of 1921, 47 U.S.C. 35-39, this
Further Notice of Proposed Rulemaking is hereby adopted and comments
are requested as described above.
70. It is further ordered that the Commission's Consumer and
Government Affairs Bureau, Reference Information Center, shall send a
copy of this further notice of proposed rulemaking, including the
Initial Regulatory Flexibility Act Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with
section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
List of Subjects in 47 CFR Parts 0, 43 and 63
Communications, Communications common carriers, Telecommunications,
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 0, 43, and 63
as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068; as amended, 47 U.S.C. 155,
225, unless otherwise noted.
2. Section 0.457 is amended by adding paragraph (d)(1)(viii) to
read as follows:
Sec. 0.457 Records not routinely available for public inspection.
* * * * *
(d) * * *
(1) * * *
(viii) Disaggregated international revenue payout and traffic data
filed under Sec. 43.62 of this chapter.
* * * * *
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF
INTERNATIONAL INTERCONNECTED VOICE OVER INTERNET PROTOCL SERVICES
AND CERTAIN AFFILIATES
3. The authority citation for part 43 is revised to read as
follows:
Authority: 47 U.S.C. 154; Telecommunications Act of 1996; Pub.
L. 104-104, sec. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended
unless otherwise noted. 47 U.S.C. 211, 219, 220, as amended; Cable
Landing License Act of 1921, 47 U.S.C. 35-39.
4. Revise the heading to part 43 to read as set forth above.
[[Page 42625]]
Sec. 43.61 [Removed]
5. Remove Sec. 43.61.
6. Add Sec. 43.62 to read as follows:
Sec. 43.62 Reporting requirements for holders of international
Section 214 authorizations and providers of international services.
(a) Annual reports. Not later than May 1 of each year, any person
or entity that holds an authorization pursuant to section 214 of the
Communications Act to provide international telecommunications service;
or any person or entity that provided interconnected Voice over
Internet Protocol service between the United States (as defined in the
Communications Act, as amended, 47 U.S.C. 153) and a foreign point
during the previous year; shall submit the following reports:
(1) Any person or entity that holds an authorization pursuant to
section 214 to provide international telecommunications service shall
report whether it provided international telecommunications services or
owned international circuits the preceding year.
(2) Each common carrier engaged in providing international
telecommunications service, and each person or entity engaged in
providing interconnected Voice over Internet Protocol service, between
the United States (as defined in the Communications Act, as amended, 47
U.S.C. 153) and any country or point outside that area shall file a
report with the Commission showing revenues, payouts, and traffic for
such international telecommunications service and interconnected Voice
over Internet Protocol service provided during the preceding calendar
year.
(3) Each person or entity owning international facilities between
the United States (as defined in the Communications Act, as amended, 47
U.S.C. 153) and any country or point outside that area shall file a
circuit-status report with the Commission showing the status of its
circuits as of December 31 of the preceding calendar year.
(b) Filing manual. The information required under this section
shall be furnished in conformance with the instructions and reporting
requirements prepared under the direction of the Chief, International
Bureau, prepared and published as a filing manual.
Sec. 43.82 [Removed]
7. Remove Sec. 43.82.
PART 63--EXTENSION OF LINES, NEW LINES AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OR RECOGNIZED PRIVATE OPERATING AGENCY STATUS
8. The authority citation for part 63 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218,
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless
otherwise noted.
9. Section 63.10 is amended by revising paragraphs (c)(2) and
(c)(4) as follows:
Sec. 63.10 Regulatory classification of U.S. international carriers.
* * * * *
(c) * * *
(2) File quarterly reports on traffic and revenue, consistent with
the reporting requirements authorized pursuant to Sec. 43.62 of this
chapter, within 90 days from the end of each calendar quarter;
* * * * *
(4) In the case of an authorized facilities-based carrier, file
quarterly circuit status reports within 90 days from the end of each
calendar quarter in the format set out for circuit status reports by
the filing manual for Sec. 43.62 of this chapter, except that
activated or idle circuits must be reported on a facility-by-facility
basis.
* * * * *
10. Section 63.21 is amended by revising paragraph (d) to read as
follows:
Sec. 63.21 Conditions applicable to all international Section 214
authorizations.
* * * * *
(d) Carriers must file annual reports of overseas
telecommunications traffic as required by Sec. 43.62 of this chapter.
* * * * *
11. Section 63.22 is amended by revising paragraph (e) to read as
follows:
Sec. 63.22 Facilities-based international common carriers.
* * * * *
(e) The carrier shall file annual international circuit status
reports as required by Sec. 43.62 of this chapter.
* * * * *
[FR Doc. 2011-18153 File 7-18-11; 8:45 am]
BILLING CODE 6712-01-P