Federal Communications Commission FCC 21-79 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Part 1 of the Commission’s Rules, Concerning Practice and Procedure, Amendment of CORES Registration System ) ) ) ) ) ) ) ) MD Docket No. 10-234 REPORT AND ORDER Adopted: June 21, 2021 Released: June 22, 2021 By the Commission: I. INTRODUCTION 1. The Commission Registration System (CORES) is the system the Federal Communications Commission (Commission) uses to facilitate the assignment of FCC Registration Numbers (FRNs) to all persons and entities seeking to do business with the Commission. Commission rules require an FRN to be supplied by anyone doing business with the Commission, including, but not limited to, remitting payments, applying for licenses, participating in auctions, and filing certain applications. See, e.g., 47 CFR. § 1.8002. We note that this proceeding is not intended to modify or otherwise amend requirements pertaining to the types of transactions that require individuals or entities to obtain FRNs and supply FRNs in these transactions. In this Order, we adopt an outstanding proposal to modify our rules to require all current and future FRN registrants to provide the Commission with a valid e-mail address. II. BACKGROUND 2. In 2000, the Commission established CORES, a web-based, password-protected, registration system that assigns a unique 10-digit FRN to a registrant for use when doing business with the FCC. While initially voluntary, in 2001 the Commission established that individuals and entities were required to obtain FRNs and supply FRNs when doing business with the Commission. Amendments of Parts 1, 21, 61, 73, 74 and 76 of Commission’s Rules, Adoption of Mandatory FCC Registration Number, MD Docket No. 00-205, Report and Order, 16 FCC Rcd 16138 (2001) (2001 CORES Order); 47 CFR. § 1.8001, et seq. See also, Amendment of Part 1 of the Commission’s Rules, Concerning Practice and Procedure, Amendment of CORES Registration System, MD Docket No. 10-234, Notice of Proposed Rulemaking, 25 FCC Rcd 17407,17408-11 (2010) (2010 NPRM) (paragraphs 5-10 explains how CORES facilitates the Commission’s compliance with a variety of federal statutes and guidance, including but not limited to, the Debt Collection Improvement Act of 1996). Section 1.8002(b)(1) of the Commission’s rules lists the information currently required from entities seeking to register for an FRN. 47 CFR § 1.8002(b)(1). E-mail address information has not been previously required under the rule. Section 1.8002(b)(2) requires that the information used to register for an FRN be kept current by the registrant. 47 CFR § 1.8002(b)(2). 3. In 2010, the Commission proposed modifications to CORES, seeking comment targeted at making CORES more user and feature-friendly and eliminating some of the system’s then-current limitations. 2010 NPRM, 25 FCC Rcd at 17408. The 2010 NPRM sought comment about potential changes to the FRN requirements, including whether e-mail addresses should be required to be provided as part of the CORES registration process. Id. at 17420. The Commission tentatively concluded that “[g]iven the significant increase in the use of and dependence on e-mail in the years since CORES first became operational” all FRN holders should be required to provide an e-mail address upon registering in CORES. 2010 NPRM, 25 FCC Rcd at 17420 (stating “[i]n this day and age, e-mail communication is an efficient tool for maintaining contact with our regulatees” and having a registrant’s valid e-mail address would improve, for example, the Commission’s ability to contact registrants in the event of payment issues or to distribute important notices). In asserting its proposal, the Commission also noted its commitment to reducing the environmental impact of its activities, and an intention “to increase its use of e-mail and other electronic means to communicate with regulated entities and interested parties in the future.” Id. The Commission also tentatively concluded that entities and individuals should be required to validate e-mail addresses at the time of registration by clicking on a link that CORES would automatically send to the e-mail address that was provided. Id. The Office of Management and Budget pre-approved under the Paperwork Reduction Act the addition of a mandatory e-mail address field to the CORES system on March 15, 2011. Notice of Office of Management and Budget Action, FCC Form 160, OMB Control Number 3060-0917, Mar. 15, 2011; Notice of Office of Management and Budget Action, FCC Form 161, OMB Control Number 3060-0918, Mar. 15, 2011. 4. In 2016, the Office of Managing Director (OMD) posted an upgraded version of CORES on the Commission’s website providing FRN registrants more user-friendly and secure features such as enabling existing and new users to designate usernames to access FRNs and allowing registrants to establish multiple usernames for each FRN with different levels of access. Office of Managing Director Announces New User-Specific ID Requirements to Access the Commission Registration System (CORES), MD Docket No. 10-234, Public Notice, 31 FCC Rcd 3831 (OMD 2016) (2016 Public Notice). The 2016 Public Notice indicated that due to the administrative nature of the announced CORES modifications, the changes could be implemented without notice and comment. Id. at 3832 and 3832, n.6 (citing 5 U.S.C. § 553(b)(A) (agency organization, procedure or practice that do not have a substantial impact on substantive rights and interests do not require notice and comment)). Password recovery, already a feature of the legacy CORES, New CORES Online Password Reset and ULS Call Sign/FRN Association Features Available September 26, 2005, Public Notice, 20 FCC Rcd 16740 (rel. Oct. 27, 2005). was also a component of the new version of CORES, providing users with password-recovery security questions to enable them to recover forgotten passwords. Public Notice, 31 FCC Rcd at 3832. Although the new CORES has been available since 2016, the original “legacy” version of CORES has also remained available and in use for FRN registration. Maintaining both the new and legacy CORES on the Commission’s website is consistent with the Commission’s practice of rolling out upgrades to the CORES systems on a voluntary basis before making such changes mandatory. See paragraph 2 above. 5. Entities and individuals that register for FRNs in the new version of CORES must provide e-mail address information which is verified through an e-mail verification link in the FCC User Registration System. The 2016 Public Notice announced that users of the new CORES would be required to provide a valid e-mail address for online access. Public Notice, 31 FCC Rcd at 3831. To obtain an FRN in the new CORES, users must first create an account with a unique username and password in the FCC User Registration System. The user will receive an e-mail from the FCC User Registration System with a link that they must click on to verify themselves as the authorized user. The user’s e-mail address will be retained as their FCC username, which will be used to identify the registrant in transactions with the FCC. See Federal Communications Commission, FCC User Registration System, https://apps2.fcc.gov/fccUserReg/pages/login.htm (last visited Apr. 12, 2021). OMD estimates that 55% of FRN registrants have supplied an e-mail address to CORES and 45% of FRN registrants have not supplied an e-mail address to CORES. An e-mail address remains an optional information request in legacy CORES. The current version of the paper forms for obtaining or updating an FRN, FCC Forms 160 and 161, however, require filers to provide a contact e-mail address as part of the registration process. Notice of Office of Management and Budget Action, FCC Form 160, OMB Control Number 3060-0917, Dec. 12, 2018; Notice of Office of Management and Budget Action, FCC Form 161, OMB Control Number 3060-0918, Dec. 12, 2018. See Federal Communications Commission, Justification for Nonsubstantive Change Request, FCC Form 160, OMB Control Number 3060-0917 and FCC Form 161, OMB Control Number 3060-0918, Nov.19, 2018 (date uploaded to Office of Information and Regulatory Affairs, Office of Management and Budget at https://www.reginfo.gov/public/). III. REPORT AND ORDER 6. We amend section 1.8002(b) of the Commission’s rules to require entities and individuals doing business with the Commission to provide their e-mail addresses when they register for FRNs and to keep the e-mail information current along with other information used to register. See Appendix B. We find that it is in the public interest to require e-mail address information as part of the FRN registration process and to maintain a valid e-mail address for all FRN registrants. This change will enable OMD to remove access to legacy CORES from the Commission’s website at a later date and maintain only the modernized version of CORES for FRN registration. The new CORES is a more efficient and secure system for managing the Commission’s financial and management matters. The Commission is required in various contexts to manage and collect substantial sums of money, including annual regulatory fees and application fees and civil monetary penalties. See, e.g., 47 U.S.C. §§ 158-159, 503;47 CFR § 1.80; Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, CI Docket No. 95-6, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). The Commission also auctions various licenses through competitive bidding and administers the collection of payments for these licenses. 47 U.S.C. § 309(j). In addition, the Commission directs the collection of mandated contributions to the Universal Service Fund (USF) and other statutory programs. 47 U.S.C. § 254(d). The change will also be more user-friendly and streamlined for CORES registrants that currently must decide between two versions of CORES. 7. The Commission received several comments on the proposal to require e-mail addresses as part of CORES registration. Sprint, AT&T, and Frontier supported the Commission’s proposal to collect e-mail addresses for FRN holders and also supported the Commission using e-mail address information to communicate with FRN holders. Sprint Comments at 6; AT&T Reply Comments at 4-5; Frontier Comments at 5. AT&T also supported requiring existing FRN holders to update their FRNs with e-mail address information in response to an alert from the Commission. AT&T Reply Comments at 5. Sprint, for example, maintained that such a mandate “will help avoid misrouted inquiries and delayed responses between entities and the Commission.” Sprint Comments at 6. The National Association for Amateur Radio (ARRL) and Blooston Law, however, argued for e-mail address information to remain optional. ARRL Comments at 11-13; Blooston Law Reply Comments at 5-6. ARRL asserted that certain individuals do not have and cannot obtain e-mail addresses, such as those that are economically disadvantaged, those that live in very rural areas, and children. ARRL Comments at 11-12. Blooston Law highlights that Internet access is less available and can be absent in very remote areas. Blooston Law Reply Comments at 5-6. It also suggested that some FRN users do not subscribe to an Internet service due to cost and asserted that the best methods for communication remain telephone and U.S. Mail, so that in the event of an absence, another contact representative is able to address the matter. Id. at 6. 8. Although some individuals may lack resources or connectivity for a personal or home Internet service, as compared to what was present at the time of the comment window for the 2010 NPRM, there is wide availability of free or low cost public Internet access today. For example, users may access the Internet for free in public libraries, and also in schools that offer Internet connectivity for after-hours community use. See Schools and Libraries Universal Service Support Mechanism; A National Broadband Plan for Our Future, CC Docket No. 02-6, GN Docket No. 09-51, Sixth Report and Order, 25 FCC Rcd 18762, 18773-18777 (2010). Also, other Commission proceedings have demonstrated that there is a vast majority of entities that already communicate with the Commission electronically. See, e.g., Completing the Transition to Electronic Filing, Licenses and Authorizations, and Correspondence in the Wireless Radio Services, WT Docket No. 19-212, Order, 35 FCC Rcd 10781, 10784 (2020) (Electronic Licensing Order). If there are entities and individuals that seek to do business with the Commission that lack access to Internet service, they may need to use a proxy to register for an FRN with a valid e-mail address, such as children seeking amateur radio licenses who rely on a parent or guardian to assist with the licensing process. Registrants are also able to use online support services or call a help desk to ask questions and receive help with their registrations. Federal Communications Commission, Available Support Services, https://www.fcc.gov/available-support-services (last visited Apr.13, 2021). 9. The public benefit of adopting this rule change, which will enable the Commission to retire legacy CORES and retain the new CORES to deliver enhanced features and security, outweighs the potential burdens that may be faced by a small subset of users to provide e-mail address information. Because it helps authenticate the individuals who will be utilizing the Commission’s information systems, the new CORES is a more secure tool for the Commission and external users through the use of personal username registration and e-mail verification. The use of an email address helps the new CORES system to establish identity management for identifying, authenticating and authorizing access to the system to conduct business with FCC; this falls under the overarching umbrella of IT security (NIST 800-53 IA-2 and NIST 800-63). The National Institute of Standards and Technology (NIST) creates and promotes the standards used by federal agencies to implement the Federal Information Security Management Act (FISMA) and manage other programs designed to protect information and promote information security. NIST 800-53 IA-2 requires all accounts to have unique IDs. See National Institute of Standards and Technology, U.S., Department of Commerce, NIST Special Publication 800-53 (Rev. 5.1), https://csrc.nist.gov/Projects/risk-management/sp800-53-controls/release-search#!/control?version=5.1&number=IA-2 (last visited Apr. 12, 2021). NIST 800-63 defines digital identity guidelines; email can be used for digital identity. See Paul A. Grassi, Michael E. Garcia, James L. Fenton, National Institute of Standards and Technology, U.S., Department of Commerce, NIST Special Publication 800-63-3 - Digital Identity Guidelines, June 2017, https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-3.pdf (last visited Apr. 12, 2021). An e-mail address is a unique ID and/or digital identity for each user that not only helps ensure the FCC provides better service and user experience based on data collected per a registered e-mail address, it differentiates one user from another by establishing a digital identity to each person. By using an established e-mail address and associated password, a user is granted appropriate access to do business with FCC. 10. Requiring e-mail address information as part of FRN registration and requiring users to keep up-to-date e-mail addresses in CORES will enable the Commission to fully finalize its shift from U.S. Postal Service delivery to electronic delivery of notices and other correspondence related to CORES. Therefore, retiring legacy CORES allows the Commission to operate more efficiently and effectively by freeing up the resources currently being used to maintain and operate two CORES systems, and by allowing the Commission to e-mail CORES registrants CORES and FRN-related information rather than needing to send this information in mailed letters. We provide further guidance on OMD’s implementation of this transition below. 11. Implementation of the Rule Change. After the rule revision goes into effect, we direct OMD to announce by public notice the end date for access to legacy CORES. To streamline this transition and best prepare for any upcoming Commission business, new and current registrants are encouraged to use the modernized CORES as soon as possible. Because the modernized CORES has been available since 2016, users do not need to wait for legacy CORES to be retired or for the rule change announced here to go into effect to take this step. 12. Retiring legacy CORES will primarily impact three groups of CORES users. First, users seeking to make changes related to their FRN will need to do so in the new CORES by associating with their FRN a user-specific identification (username) and password to continue managing their FRN. Second, any person or entity that does not yet have an FRN, but seeks to do business with the Commission, will use the new CORES to register. Third, users that forget their password and seek to reset their password online will use the new CORES to reset their password. 13. After the legacy CORES is retired, we delegate authority to OMD to allow users that obtained their FRN through legacy CORES and have not associated a valid e-mail address with their FRN, to continue to use that FRN without an associated valid e-mail address for a limited period. OMD, in consultation with the Commission’s Chief Information Officer, will determine what steps to take to bring such users into compliance and ensure that the benefits of the rule change are fully utilized. We note, however, that this limited flexibility with respect to CORES does not negate the fact that certain Commission information systems and applications currently require, or may in the future require, valid e-mail address information to gain entry or otherwise use such systems. See, e.g., Electronic Licensing Order. 14. We are also deleting section 1.8002(e) of the Commission’s rules because it is out of date. FRNs must be assigned through CORES and cannot be assigned by the Billing and Collection Agent for North American Numbering Plan Administration and the Administrators of the Universal Service Fund and the Telecommunications Relay Services Fund as suggested in section 1.8002(e). Deleting section 1.8002(e) involves a rule of agency organization, procedure, or practice, and the notice and comment and effective date provisions of the Administrative Procedure Act are therefore inapplicable. 5 U.S.C. § 553(b)(3)(A), (d). IV. PROCEDURAL ISSUES 15. Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C. § 601 et seq. the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order. The FRFA is set forth in Appendix C. 16. Paperwork Reduction Act Analysis. The Report and Order adopts a new information collection requirement subject to the Paperwork Reduction Act of 1995 (PRA). Pub. L. No. 104-13, 109 Stat 163 (1995) (codified at 44 U.S.C. §§ 3501-3520). The new information collection requirement was submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA and pre-approved on March 15, 2011. 44 U.S.C. § 3507(d). See Notice of Office of Management and Budget Action, FCC Form 160, OMB Control Number 3060-0917, Mar. 15, 2011; Notice of Office of Management and Budget Action, FCC Form 161, OMB Control Number 3060-0918, Mar. 15, 2011. In addition, the Report and Order adopts a non-substantive change to an existing approved information collection. This non-substantive change will be submitted to OMB for approval under the PRA. 17. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is non-major under the Congressional Review Act, 5 U.S.C. § 804(2). The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. § 801(a)(1)(A).] V. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 8(c)(2), 9(c)(2), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 158(c)(2), 159(c)(2), and 303(r); and Section 7701 of the Debt Collection Improvement Act of 1996, 31 U.S.C. § 7701(c)(1), this Report and Order IS ADOPTED and the Commission’s rules ARE HEREBY AMENDED as set forth in Appendix B. The rules and procedures adopted in this Report and Order are effective 30 days after the date of publication of the summary of this Report and Order in the Federal Register provided, however, that the revision to section 1.8002(b)(2) of the Commission’s rules shall not be effective until the non-substantive change to an information collection effected by that revision has been approved by OMB. The Commission will publish a notice in the Federal Register announcing when OMB approval for this rule change has been received. 19. IT IS FURTHER ORDERED that this Report and Order SHALL BE EFFECTIVE 30 days after publication of a summary in the Federal Register. 20. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of the Report and Order, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. § 801(a)(1)(A). 21. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of the Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 2 APPENDIX A List of Commenters Comments ARRL (formerly known as the American Radio Relay League) (“ARRL”) The Boeing Company (“Boeing”) Frontier Communications Corp. (“Frontier”) Inmarsat, Inc. and Vodafone Americas, Inc. (“Inmarsat”) Sprint Nextel Corp. (“Sprint”) Reply Comments AT&T Inc. (“AT&T”) Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP (“Blooston Law”) Federal Communications Commission FCC 21-79 APPENDIX B FINAL RULES For the reasons set forth above, Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 1 – PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154(i) and (j), 155, 157, 160, 201, 224, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, and 1455. SUBPART W—FCC REGISTRATION NUMBER 2. Amend § 1.8002 by revising paragraph (b)(1) and (2) to read as follows: § 1.8002 Obtaining an FRN. (a) * * * (b)(1) When registering for an FRN through the CORES, an entity’s name, entity type, contact name and title, address, valid e-mail address, and taxpayer identifying number (TIN) must be provided. For individuals, the TIN is the social security number (SSN). (b)(2) Information listed in (b)(1) must be kept current by registrants either by updating the information on-line at the CORES link at www.fcc.gov or by filing FCC Form 161 (CORES Update/Change Form). 3. In § 1.8002 remove and reserve subparagraph (e). 8 Federal Communications Commission FCC 21-79 APPENDIX C FINAL REGULATORY FLEXIBILITY ANALYSIS 1. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”) we incorporated an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in the Notice of Proposed Rulemaking (NPRM). No comments were filed addressing the IRFA. Because we amend a Commission rule in this Report and Order, we have included this Final Regulatory Flexibility Analysis (FRFA). This present FRFA conforms to the RFA. A. Need for and Objectives of the Proposed Rules 2. In this Report and Order, the Commission amends section 1.8002(b) of the Commission’s rules to require entities and individuals doing business with the Commission, or seeking to business with the Commission, to provide their e-mail addresses when they register for FRNs and to keep the e-mail information current along with other information used to register. Section 1.8002(b)(1) states “[w]hen registering for an FRN through the CORES, an entity’s name, entity type, contact name and title, address, valid e-mail address, and taxpayer identifying number (TIN) must be provided. For individuals, the TIN is the social security number (SSN).” Section 1.8002(b)(2) states that “[i]nformation listed in (b)(1) must be kept current by registrants either by updating the information on-line at the CORES link at www.fcc.gov or by filing FCC Form 161 (CORES Update/Change Form).” Section 1.8002(e) has been removed. See 47 CFR § 1.8001 et seq. This change finalizes the requirement for CORES users to provide e-mail address information as part of FRN registration: e-mail address submission is a requirement only in the newer, modernized version of CORES. With this change, the Commission will be able to end access to the original “legacy” CORES that has been available since the Commission established CORES in 2000 for FRN registration, and transition CORES users to the updated version of CORES for FRN registration. The updated version of CORES that will replace legacy CORES is a more efficient and secure system for managing the Commission’s financial management matters because it will allow the Commission to e-mail CORES registrants CORES and FRN-related information rather than require the use of U.S. Postal Service delivery, and the new CORES employs identity and access management for authenticating and authorizing access to the system. The e-mail requirements named herein are the only specific requirements being adopted in this Report and Order. B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA 3. There were no comments received in response to the IRFA. C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration 4. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA), and to provide a detailed statement of any change made to the proposed rules as a result of those comments. The Chief Counsel did not file any comments in response to the proposed rules in this proceeding. D. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 5. 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 proposed rules, if adopted. The RFA defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A small business concern is one which: (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. 6. The changes or additions to the Commission’s Part 1 rules that will be made as a result of the Report and Order are of general applicability to all services, applying to all entities of any size that apply for or hold Commission licenses, permits, certifications, etc., as well as entities or individuals that have attributable ownership interests in such entities, and have already obtained or will in the future obtain a unique identifying number through CORES called an FCC Registration Number, or “FRN.” 7. Small Businesses, Small Organizations, Small Governmental Jurisdictions. Our actions, over time, may affect small entities that are not easily categorized at present. We therefore describe here, at the outset, three broad groups of small entities that could be directly affected herein. See 5 U.S.C. § 601(3)-(6). First, while there are industry specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the Small Business Administration’s (SBA) Office of Advocacy, in general a small business is an independent business having fewer than 500 employees. See SBA, Office of Advocacy, “What’s New With Small Business?”, https://cdn.advocacy.sba.gov/wp-content/uploads/2019/09/23172859/Whats-New-With-Small-Business-2019.pdf (Sept 2019). These types of small businesses represent 99.9% of all businesses in the United States, which translates to 30.7 million businesses. Id. Next, the type of small entity described as a “small organization” is generally “any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” 5 U.S.C. § 601(4). The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or less to delineate its annual electronic filing requirements for small exempt organizations. The IRS benchmark is similar to the population of less than 50,000 benchmark in 5 U.S.C § 601(5) that is used to define a small governmental jurisdiction. Therefore, the IRS benchmark has been used to estimate the number small organizations in this small entity description. See Annual Electronic Filing Requirement for Small Exempt Organizations — Form 990-N (e-Postcard), "Who must file," https://www.irs.gov/charities-non-profits/annual-electronic-filing-requirement-for-small-exempt-organizations-form-990-n-e-postcard. We note that the IRS data does not provide information on whether a small exempt organization is independently owned and operated or dominant in its field. Nationwide, for tax year 2018, there were approximately 571,709 small exempt organizations in the U.S. reporting revenues of $50,000 or less according to the registration and tax data for exempt organizations available from the IRS. See Exempt Organizations Business Master File Extract (EO BMF), "CSV Files by Region," https://www.irs.gov/charities-non-profits/exempt-organizations-business-master-file-extract-eo-bmf. The IRS Exempt Organization Business Master File (EO BMF) Extract provides information on all registered tax-exempt/non-profit organizations. The data utilized for purposes of this description was extracted from the IRS EO BMF data for Region 1-Northeast Area (76,886), Region 2-Mid-Atlantic and Great Lakes Areas (221,121), and Region 3-Gulf Coast and Pacific Coast Areas (273,702) which includes the continental U.S., Alaska, and Hawaii. This data does not include information for Puerto Rico. Finally, the small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” 5 U.S.C. § 601(5). U.S. Census Bureau data from the 2017 Census of Governments See 13 U.S.C. § 161. The Census of Governments survey is conducted every five (5) years compiling data for years ending with “2” and “7”. See also Census of Governments, https://www.census.gov/programs-surveys/cog/about.html. indicate that there were 90,075 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States. See U.S. Census Bureau, 2017 Census of Governments – Organization Table 2. Local Governments by Type and State: 2017 [CG1700ORG02]. https://www.census.gov/data/tables/2017/econ/gus/2017-governments.html. Local governmental jurisdictions are made up of general purpose governments (county, municipal and town or township) and special purpose governments (special districts and independent school districts). See also Table 2. CG1700ORG02 Table Notes_Local Governments by Type and State_2017. Of this number there were 36,931 general purpose governments (county See id. at Table 5. County Governments by Population-Size Group and State: 2017 [CG1700ORG05]. https://www.census.gov/data/tables/2017/econ/gus/2017-governments.html. There were 2,105 county governments with populations less than 50,000. This category does not include subcounty (municipal and township) governments. , municipal and town or township See id. at Table 6. Subcounty General-Purpose Governments by Population-Size Group and State: 2017 [CG1700ORG06]. https://www.census.gov/data/tables/2017/econ/gus/2017-governments.html. There were 18,729 municipal and 16,097 town and township governments with populations less than 50,000. ) with populations of less than 50,000 and 12,040 special purpose governments - independent school districts See id. at Table 10. Elementary and Secondary School Systems by Enrollment-Size Group and State: 2017 [CG1700ORG10]. https://www.census.gov/data/tables/2017/econ/gus/2017-governments.html. There were 12,040 independent school districts with enrollment populations less than 50,000. See also Table 4. Special-Purpose Local Governments by State Census Years 1942 to 2017 [CG1700ORG04], CG1700ORG04 Table Notes_Special Purpose Local Governments by State_Census Years 1942 to 2017. with enrollment populations of less than 50,000. While the special purpose governments category also includes local special district governments, the 2017 Census of Governments data does not provide data aggregated based on population size for the special purpose governments category. Therefore, only data from independent school districts is included in the special purpose governments category. Accordingly, based on the 2017 U.S. Census of Governments data, we estimate that at least 48,971 entities fall into the category of “small governmental jurisdictions.” This total is derived from the sum of the number of general purpose governments (county, municipal and town or township) with populations of less than 50,000 (36,931) and the number of special purpose governments - independent school districts with enrollment populations of less than 50,000 (12,040), from the 2017 Census of Governments - Organizations Tables 5, 6, and 10. 1. Providers of Telecommunications and Other Services 8. Wired Telecommunications Carriers. The U.S. Census Bureau defines this industry as “establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired communications networks. Transmission facilities may be based on a single technology or a combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VoIP services, wired (cable) audio and video programming distribution, and wired broadband internet services. By exception, establishments providing satellite television distribution services using facilities and infrastructure that they operate are included in this industry.” See U.S. Census Bureau, 2017 NAICS Definition, “517311 Wired Telecommunications Carriers”, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517311&search=2017. The SBA has developed a small business size standard for Wired Telecommunications Carriers, which consists of all such companies having 1,500 or fewer employees. See 13 CFR § 120.201, NAICS Code 517311 (previously 517110). U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012. NAICS Code 517110. https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517110. Of this total, 3,083 operated with fewer than 1,000 employees. Id. The largest category provided by the census data is “1000 employees or more” and a more precise estimate for firms with fewer than 1,500 employees is not provided. Thus, under this size standard, the majority of firms in this industry can be considered small. 9. Local Resellers. The SBA has not developed a small business size standard specifically for Local Resellers. The SBA category of Telecommunications Resellers is the closest NAICs code category for local resellers. The Telecommunications Resellers industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. Mobile virtual network operators (MVNOs) are included in this industry. U.S. Census Bureau, 2017 NAICS Definition, 517911 Telecommunications Resellers, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517911&search=2017%20NAICS%20Search. Under the SBA’s size standard, such a business is small if it has 1,500 or fewer employees. 13 CFR § 121.201, NAICS code 517911. U.S. Census Bureau data from 2012 show that 1,341 firms provided resale services during that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012 NAICS Code 517911, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517911. Of that number, all operated with fewer than 1,000 employees. Id. Thus, under this category and the associated small business size standard, the majority of these resellers can be considered small entities. According to Commission data, 213 carriers have reported that they are engaged in the provision of local resale services. 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). Of these, an estimated 211 have 1,500 or fewer employees and two have more than 1,500 employees. See id. Consequently, the Commission estimates that the majority of local resellers are small entities. 10. Toll Resellers. The Commission has not developed a definition for Toll Resellers. The closest NAICS Code Category is Telecommunications Resellers. The Telecommunications Resellers industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. MVNOs are included in this industry. U.S. Census Bureau, 2017 NAICS Definition, 517911 Telecommunications Resellers, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517911&search=2017%20NAICS%20Search. The SBA has developed a small business size standard for the category of Telecommunications Resellers. 13 CFR § 121.201, NAICS code 517911. Under that size standard, such a business is small if it has 1,500 or fewer employees. Id. 2012 Census Bureau data show that 1,341 firms provided resale services during that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012 NAICS Code 517911, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517911. Of that number, 1,341 operated with fewer than 1,000 employees. Id. Thus, under this category and the associated small business size standard, the majority of these resellers can be considered small entities. According to Commission data, 881 carriers have reported that they are engaged in the provision of toll resale services. 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). Of this total, an estimated 857 have 1,500 or fewer employees. See id. Consequently, the Commission estimates that the majority of toll resellers are small entities. 11. Payphone Service Providers (“PSPs”). The Commission has not developed a definition for Payphone Service Providers. The closest NAICS Code Category is Telecommunications Resellers. The Telecommunications Resellers industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. MVNOs are included in this industry. U.S. Census Bureau, 2017 NAICS Definition, 517911 Telecommunications Resellers, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517911&search=2017%20NAICS%20Search. The SBA has developed a small business size standard for the category of Telecommunications Resellers. 13 CFR § 121.201, NAICS code 517911. Under that size standard, such a business is small if it has 1,500 or fewer employees. Id. 2012 Census Bureau data show that 1,341 firms provided resale services during that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012 NAICS Code 517911, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517911. Of that number, 1,341 operated with fewer than 1,000 employees. Id. Thus, under this category and the associated small business size standard, the majority of these resellers can be considered small entities. According to Commission data, 881 carriers have reported that they are engaged in the provision of toll resale services. 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). Of this total, an estimated 857 have 1,500 or fewer employees. See id. Consequently, the Commission estimates that the majority of toll resellers are small 12. Prepaid Calling Card Providers. Neither the Commission nor the SBA has developed a small business size standard specifically for prepaid calling card providers. The appropriate size standard under SBA rules is for the category Telecommunications Resellers. The Telecommunications Resellers industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. MVNOs are included in this industry. U.S. Census Bureau, 2017 NAICS Definition, 517911 Telecommunications Resellers, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517911&search=2017%20NAICS%20Search. The SBA has developed a small business size standard for the category of Telecommunications Resellers. 13 CFR § 121.201, NAICS code 517911. Under that size standard, such a business is small if it has 1,500 or fewer employees. Id. 2012 Census Bureau data show that 1,341 firms provided resale services during that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012 NAICS Code 517911, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517911. Of that number, 1,341 operated with fewer than 1,000 employees. Id. Thus, under this category and the associated small business size standard, the majority of these resellers can be considered small entities. According to Commission data, 881 carriers have reported that they are engaged in the provision of toll resale services. 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). Of this total, an estimated 857 have 1,500 or fewer employees. See id. Consequently, the Commission estimates that the majority of Prepaid Calling Card Providers are small. 13. 800 and 800-Like Service Subscribers. Neither the Commission nor the SBA has developed a small business size standard specifically for 800 and 800-like service (“toll free”) subscribers. The appropriate size standard under SBA rules is for the category Telecommunications Resellers. The Telecommunications Resellers industry comprises establishments engaged in purchasing access and network capacity from owners and operators of telecommunications networks and reselling wired and wireless telecommunications services (except satellite) to businesses and households. Establishments in this industry resell telecommunications; they do not operate transmission facilities and infrastructure. MVNOs are included in this industry. U.S. Census Bureau, 2017 NAICS Definition, 517911 Telecommunications Resellers, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517911&search=2017%20NAICS%20Search. The SBA has developed a small business size standard for the category of Telecommunications Resellers. 13 CFR § 121.201, NAICS code 517911. Under that size standard, such a business is small if it has 1,500 or fewer employees. Id. 2012 Census Bureau data show that 1,341 firms provided resale services during that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012 NAICS Code 517911, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517911. Of that number, 1,341 operated with fewer than 1,000 employees. Id. Thus, under this category and the associated small business size standard, the majority of these resellers can be considered small entities. According to Commission data, 881 carriers have reported that they are engaged in the provision of toll resale services. 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). Of this total, an estimated 857 have 1,500 or fewer employees. See id. Consequently, the Commission estimates that the majority of 800 and 800-Like Service Providers are small. 14. Satellite Telecommunications. This category comprises firms “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.” U.S. Census Bureau, 2017 NAICS Definitions, “517410 Satellite Telecommunications”; https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517410&search=2017+NAICS+Search&search=2017. Satellite telecommunications service providers include satellite and earth station operators. The category has a small business size standard of $35 million or less in average annual receipts, under SBA rules. 13 CFR § 121.201, NAICS code 517410. For this category, U.S. Census Bureau data for 2012 show that there were a total of 333 firms that operated for the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1251SSSZ4, Information: Subject Series - Estab and Firm Size: Receipts Size of Firms for the United States: 2012, NAICS code 517410 https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ4//naics~517410. Of this total, 299 firms had annual receipts of less than $25 million. Id. Consequently, we estimate that the majority of satellite telecommunications providers are small entities. 15. All Other Telecommunications. The “All Other Telecommunications” category is comprised of establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. See U.S. Census Bureau, 2017 NAICS Definitions, NAICS Code “517919 All Other Telecommunications”, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=517919&search=2017+NAICS+Search&search=2017. 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. Id. Establishments providing Internet services or voice over Internet protocol (VoIP) services via client-supplied telecommunications connections are also included in this industry.Id. The SBA has developed a small business size standard for All Other Telecommunications, which consists of all such firms with annual receipts of $35 million or less. See 13 CFR § 121.201, NAICS code 517919. For this category, U.S. Census Bureau data for 2012 shows that there were 1,442 firms that operated for the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1251SSSZ4, Information: Subject Series - Estab and Firm Size: Receipts Size of Firms for the United States: 2012, NAICS code 517919, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ4//naics~517919. Of those firms, a total of 1,400 had annual receipts less than $25 million. Id. Thus, the Commission estimates that the majority of “All Other Telecommunications” firms potentially affected by our action can be considered small. 16. Wireless Telecommunications Carriers (except Satellite). This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular services, paging services, wireless internet access, and wireless video services. U.S. Census Bureau, 2012 NAICS Definitions, “517210 Wireless Telecommunications Carriers (Except Satellite).” See https://factfinder.census.gov/faces/affhelp/jsf/pages/metadata.xhtml? lang=en&type=ib&id=ib.en./ECN.NAICS2012.517210. The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. 13 CFR § 121.201, NAICS code 517210. For this industry, U.S. Census data for 2012 show that there were 967 firms that operated for the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1251SSSZ5, Information: Subject Series: Estab and Firm Size: Employment Size of Firms for the U.S.: 2012 NAICS Code 517210. https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517210. Of this total, 955 firms had employment of 999 or fewer employees. Id. Thus, under this category and the associated size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities. 17. Television Broadcasting. This Economic Census category “comprises establishments primarily engaged in broadcasting images together with sound.” U.S. Census Bureau, 2017 NAICS Definitions, “515120 Television Broadcasting,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=515120&search=2017+NAICS+Search&search=2017. These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public. Id. These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for such businesses: those having $41.5 million or less in annual receipts. 13 C.F.R. § 121.201; 2012 NAICS code 515120. The 2012 Economic Census reports that 751 firms in this category operated in that year. U.S. Census Bureau, Table No. EC1251SSSZ4, Information: Subject Series - Establishment and Firm Size: Receipts Size of Firms for the United States: 2012 (515120 Television Broadcasting). https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ4//naics~515120. Of that number, 656 had annual receipts of $25,000,000 or less. Id. Based on this data we therefore estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard. 18. The Commission has estimated the number of licensed commercial television stations to be 1,377. Broadcast Station Totals as of June 30, 2018, Press Release (MB, rel. Jul. 3, 2018) (June 30, 2018 Broadcast Station Totals Press Release), https://docs.fcc.gov/public/attachments/DOC-352168A1.pdf. Of this total, 1,258 stations (or about 91 percent) had revenues of $41.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on November 16, 2017, and therefore these licensees qualify as small entities under the SBA definition. In addition, the Commission has estimated the number of licensed noncommercial educational television stations to be 384. Id. Notwithstanding, the Commission does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. There are also 2,300 low power television stations, including Class A stations (LPTV) and 3,681 TV translator stations. Id. Given the nature of these services, we will presume that all of these entities qualify as small entities under the above SBA small business size standard. 19. We note, however, that in assessing whether a business concern qualifies as “small” under the above definition, business (control) affiliations “[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has the power to control both.” 13 C.F.R. § 21.103(a)(1). must be included. Our estimate, therefore likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, another element of the definition of “small business” requires that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television broadcast station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply does not exclude any television station from the definition of a small business on this basis and is therefore possibly over-inclusive. Also, as noted above, an additional element of the definition of “small business” is that the entity must be independently owned and operated. The Commission notes that it is difficult at times to assess these criteria in the context of media entities and its estimates of small businesses to which they apply may be over-inclusive to this extent. 20. Radio Stations. This Economic Census category “comprises establishments primarily engaged in broadcasting aural programs by radio to the public.” U.S. Census Bureau, 2012 NAICS Definitions, “515112 Radio Stations,” at http://www.census.gov/cgi-bin/sssd/naics/naicsrch. This category description continues: “Programming may originate in their own studio, from an affiliated network, or from external sources.” The SBA has created the following small business size standard for this category: those having $41.5 million or less in annual receipts. 13 CFR § 121.201; NAICS code 515112. Census data for 2012 show that 2,849 firms in this category operated in that year. U.S. Census Bureau, Table No. EC0751SSSZ4, Information: Subject Series – Establishment and Firm Size: Receipts Size of Firms for the United States: 2012 (515112), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ4&prodType=table. Of this number, 2,806 firms had annual receipts of less than $25 million. Id. Because the Census has no additional classifications that could serve as a basis for determining the number of stations whose receipts exceeded $41.5 million in that year, we conclude that the majority of radio broadcast stations were small entities under the applicable SBA size standard. In addition, the Commission has estimated the number of noncommercial educational FM radio stations to be 4,122. Broadcast Station Totals as of September 30, 2019, FCC News Release (rel. Oct. 2, 2019) (Broadcast Station Totals), https://docs.fcc.gov/public/attachments/DOC-359976A1.pdf NCE stations are non-profit, and therefore considered to be small entities. 5 U.S.C. § 601(4), (6). 21. Auxiliary, Special Broadcast and Other Program Distribution Services. This service involves a variety of transmitters, generally used to relay broadcast programming to the public (through translator and booster stations) or within the program distribution chain (from a remote news gathering unit back to the station). Neither the SBA nor the Commission has developed a size standard applicable to broadcast auxiliary licensees. The closest applicable SBA category and small business size standard falls under Radio Stations and Television Broadcasting. 13 C.F.R. 121.201, NAICS codes 515112 and 515120. The SBA size standard for radio stations is $41.5 million per year. U.S. Census Bureau data for 2012 show that 2,849 radio station firms operated during that year. U.S. Census Bureau, Table No. EC1251SSSZ4, Information: Subject Series – Establishment and Firm Size: Receipts Size of Firms for the United States: 2012 NAICS Code 515112, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ4//naics~515112. Of that number, 2,806 firms operated with annual receipts of less than $25 million per year. Id. For Television Broadcasting the SBA small business size standard is such businesses having $41.5 million or less in annual receipts. 13 C.F.R. § 121.201; 2012 NAICS code 515120. U.S. Census Bureau data show that 751 firms in this category operated in that year. U.S. Census Bureau, Table No. EC1251SSSZ4, Information: Subject Series - Establishment and Firm Size: Receipts Size of Firms for the United States: 2012 (515120 Television Broadcasting). https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ4//naics~515120. Of that number, 656 had annual receipts of $25,000,000 or less. Id. Accordingly, based on the U.S. Census Bureau data for Radio Stations and Television Broadcasting, the Commission estimates that the majority of Auxiliary, Special Broadcast and Other Program Distribution Services firms are small. 22. Cable Companies and Systems (Rate Regulation). The Commission has also developed its own small business size standards, for the purpose of cable rate regulation. Under the Commission’s rules, a “small cable company” is one serving 400,000 or fewer subscribers nationwide. 47 CFR § 76.901(e). The Commission determined that this size standard equates approximately to a size standard of $100 million or less in annual revenues. Implementation of Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7408 (1995). Industry data indicate that there are 4,600 active cable systems in the United States. The number of active, registered cable systems comes from the Commission’s Cable Operations and Licensing System (COALS) database on August 15, 2015. See FCC, Cable Operations and Licensing System (COALS), www.fcc.gov/coals (last visited Apr. 12, 2021). Of this total, all but five cable operators nationwide are small under the 400,000-subscriber size standard. S&P Global Market Intelligence, Top Cable MSOs as of 12/2019, https://platform.marketintelligence.spglobal.com/ (Dec 2019). The five cable operators all had more than 400,000 basic cable subscribers. In addition, under the Commission’s rate regulation rules, a “small system” is a cable system serving 15,000 or fewer subscribers. 47 CFR § 76.901(c). Commission records show 4,600 cable systems nationwide. See supra note 2. Of this total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 systems have 15,000 or more subscribers, based on the same records. Id. Thus, under this standard as well, we estimate that most cable systems are small entities 23. Internet Service Providers. Broadband Internet service providers include wired (e.g., cable, DSL) and VoIP service providers using their own operated wired telecommunications infrastructure fall in the category of Wired Telecommunication Carriers. See, 13 CFR § 121.201. The Wired Telecommunications Carrier category formerly used the NAICS code of 517110. As of 2017 the U.S. Census Bureau definition show the NAICs code as 517311. See, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517311&search=2017 Wired Telecommunications Carriers are comprised of establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired telecommunications networks. Transmission facilities may be based on a single technology or a combination of technologies. Id. The SBA size standard for this category classifies a business as small if it has 1,500 or fewer employees. Id. U.S. Census Bureau data for 2012 show that there were 3,117 firms that operated that year. See U.S. Census Bureau, 2012 Economic Census of the United States, Table No. EC1251SSSZ5, Information: Subject Series - Estab & Firm Size: Employment Size of Firms: 2012 NAICS Code 517110 https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/51SSSZ5//naics~517110. Of this total, 3,083 operated with fewer than 1,000 employees. Id. Consequently, under this size standard the majority of firms in this industry can be considered small. 2. Schools and Libraries 24. Schools. While the Commission does define entities eligible to participate in the E-Rate program, neither the Commission nor the SBA have a size standard for small entities specifically applicable to schools. Under the E-Rate program, which provides support for elementary and secondary schools and libraries, an elementary school is generally “a non-profit institutional day or residential school that provides elementary education, as determined under state law.” 47 CFR § 54.500. A secondary school is generally defined as “a non-profit institutional day or residential school that provides secondary education, as determined under state law,” and not offering education beyond grade 12. Id. For-profit schools, and schools with endowments in excess of $50,000,000, are not eligible to receive discounts under the E-Rate program. 47 CFR § 54.501. 25. Although the SBA does not have a size standard for small entities specifically applicable to schools, the closest NAICS Code category is Elementary and Secondary Schools under the subsector Educational Services. See 13 CFR § 121.201. As of 2017 the U.S. Census Bureau definition shows the NAICS code as 611110 for Elementary and Secondary Schools. U.S. Census Bureau, 2017 NAICS Definition, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=611110&search=2017%20NAICS%20Search (last visited Jun. 18, 2020). The SBA has developed a small business size standard for Elementary and Secondary Schools which consists of all such entities with gross annual receipts of $12 million or less. Id. In funding year 2017, approximately 104,500 schools received funding under the schools and libraries universal service mechanism. See Universal Service Administrative Company, Annual Report, at 7, https://www.usac.org/wp-content/uploads/about/documents/annual-reports/2017/USAC-2017-Annual-Report.pdf (last visited Aug. 25, 2020). Although we are unable to estimate the exact number of these entities that would qualify as small entities under SBA’s size standard, we estimate that fewer than 104,500 schools might be affected by our action. 26. Libraries. The Commission does have definitions for entities that participate in the E-Rate program but neither the Commission nor the SBA have a size standard for small entities specifically applicable to libraries. Under the E-Rate program, which provides support for libraries, a library includes “(1) a public library, (2) a public elementary school or secondary school library, (3) an academic library, (4) a research library [] and (5) a private library, but only if the state in which such private library is located determines that the library should be considered a library for the purposes of this definition.” 47 CFR § 54.500. For-profit libraries, are not eligible to receive discounts under the program, nor are libraries whose budgets are not completely separate from any schools. 47 CFR § 54.501. 27. Although the SBA does not have a size standard for small entities specifically applicable to libraries, the closest NAICS Code category is Libraries and Archives. See 13 CFR § 121.201. As of 2017 the U.S. Census Bureau definition shows the NAICS code as 519120 for Libraries and Archives. U.S. Census Bureau, 2017 NAICS Definition, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=519120&search=2017%20NAICS%20Search (last visited Jun. 18, 2020). The SBA has developed a small business size standard for Libraries and Archives which consists of all such entities with gross annual receipts of $16.5 million or less. Id. In funding year 2017, approximately 11,490 libraries received funding under the schools and libraries universal service mechanism. See Universal Service Administrative Company, Annual Report, at 7, https://www.usac.org/wp-content/uploads/about/documents/annual-reports/2017/USAC-2017-Annual-Report.pdf (last visited Aug. 25, 2020). Although we are unable to estimate the exact number of these entities that would qualify as small entities under SBA’s size standard, we estimate that fewer than 11,490 libraries might be affected annually by our action. 3. Health Care Providers 28. Offices of Physicians (except Mental Health Specialists). This U.S. industry comprises establishments of health practitioners having the degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy) primarily engaged in the independent practice of general or specialized medicine (except psychiatry or psychoanalysis) or surgery. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or health maintenance organization (HMO) medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621111 “Offices of Physicians (except Mental Health Specialists),” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621111&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has created a size standard for this industry, which is annual receipts of $11 million or less. 13 CFR § 121.201, NAICS Code 621111. According to 2012 U.S. Economic Census, 152,468 firms operated throughout the entire year in this industry. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621111, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621111 (last visited June 6, 2018). Of that number, 147,718 had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms operating in this industry are small under the applicable size standard. 29. Offices of Physicians, Mental Health Specialists. The U.S. industry comprises establishments of health practitioners having the degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy) primarily engaged in the independent practice of psychiatry or psychoanalysis. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621112 “Offices of Physicians, Mental Health Specialists,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621112&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for businesses in this industry, which is annual receipts of $12 million dollars or less. 13 CFR § 121.201; NAICS Code 621112. The U.S. Economic Census indicates that 8,809 firms operated throughout the entire year in this industry. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621112, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621112 (last visited June 6, 2018). Of that number 8,791 had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms in this industry are small under the applicable standard. 30. Offices of Dentists. This U.S. industry comprises establishments of health practitioners having the degree of D.M.D. (Doctor of Dental Medicine), D.D.S. (Doctor of Dental Surgery), or D.D.S. (Doctor of Dental Science) primarily engaged in the independent practice of general or specialized dentistry or dental surgery. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. They can provide either comprehensive preventive, cosmetic, or emergency care, or specialize in a single field of dentistry. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621210 “Offices of Dentists,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621210&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for that industry of annual receipts of $8.0 million or less. 13 CFR § 121.201; NAICS Code 621210. The 2012 U.S. Economic Census indicates that 115,268 firms operated in the dental industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621210, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621210 (last visited June 6, 2018). Of that number 114,417 had annual receipts of less than $5 million. Id. Based on this data, we conclude that a majority of business in the dental industry are small under the applicable standard. 31. Offices of Chiropractors. This U.S. industry comprises establishments of health practitioners having the degree of D.C. (Doctor of Chiropractic) primarily engaged in the independent practice of chiropractic. These practitioners provide diagnostic and therapeutic treatment of neuromusculoskeletal and related disorders through the manipulation and adjustment of the spinal column and extremities, and operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621310 “Offices of Chiropractors,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621310&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). See also NAICS Code 621310; 13 CFR § 121.201. The SBA has established a size standard for this industry, which is annual receipts of $8.0 million or less. 13 CFR § 121.201; NAICS Code 621310. The 2012 U.S. Economic Census statistics show that in 2012, there were 33,940 firms operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621310, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621310 (last visited June 6, 2018). Of that number 33,910 operated with annual receipts of less than $5 million per year. Id. Based on that data, we conclude that a majority of chiropractors are small. 32. Offices of Optometrists. This U.S. industry comprises establishments of health practitioners having the degree of O.D. (Doctor of Optometry) primarily engaged in the independent practice of optometry. These practitioners examine, diagnose, treat, and manage diseases and disorders of the visual system, the eye and associated structures as well as diagnose related systemic conditions. Offices of optometrists prescribe and/or provide eyeglasses, contact lenses, low vision aids, and vision therapy. They operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers, and may also provide the same services as opticians, such as selling and fitting prescription eyeglasses and contact lenses. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621320 “Offices of Optometrists,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621320&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has $8.0 established a size standard for businesses operating in this industry, which is annual receipts of million or less. 13 CFR § 121.201; NAICS Code 621320. The 2012 Economic Census indicates that 18,050 firms operated the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621320, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621320 (last visited June 6, 2018). Of that number, 17,951 had annual receipts of less than $5 million. Id. Based on this data, we conclude that a majority of optometrists in this industry are small. 33. Offices of Mental Health Practitioners (except Physicians). This U.S. industry comprises establishments of independent mental health practitioners (except physicians) primarily engaged in (1) the diagnosis and treatment of mental, emotional, and behavioral disorders and/or (2) the diagnosis and treatment of individual or group social dysfunction brought about by such causes as mental illness, alcohol and substance abuse, physical and emotional trauma, or stress. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621330 “Offices of Mental Health Practitioners (except Physicians),” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621330&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has created a size standard for this industry, which is annual receipts of $8.0 million or less. 13 CFR § 121.201; NAICS Code 621330. The 2012 U.S. Economic Census indicates that 16,058 firms operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621330, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621330 (last visited June 6, 2018). Of that number, 15,894 firms received annual receipts of less than $5 million. Id. Based on this data, we conclude that a majority of mental health practitioners who do not employ physicians are small. 34. Offices of Physical, Occupational and Speech Therapists and Audiologists. This U.S. industry comprises establishments of independent health practitioners primarily engaged in one of the following: (1) providing physical therapy services to patients who have impairments, functional limitations, disabilities, or changes in physical functions and health status resulting from injury, disease or other causes, or who require prevention, wellness or fitness services; (2) planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities, regain physical or mental functioning or to adapt to their disabilities; and (3) diagnosing and treating speech, language, or hearing problems. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621340 “Offices of Physical, Occupational and Speech Therapists and Audiologists,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621340&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $8.0 million or less. 13 CFR § 121.201; NAICS Code 621340. The 2012 U.S. Economic Census indicates that 20,567 firms in this industry operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621340, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621340 (last visited June 6, 2018). Of this number, 20,047 had annual receipts of less than $5 million. Id. Based on this data, we conclude that a majority of businesses in this industry are small. 35. Offices of Podiatrists. This U.S. industry comprises establishments of health practitioners having the degree of D.P.M. (Doctor of Podiatric Medicine) primarily engaged in the independent practice of podiatry. These practitioners diagnose and treat diseases and deformities of the foot and operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621391 “Offices of Podiatrists,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621391&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for businesses in this industry, which is annual receipts of $8.0 million or less. 13 CFR § 121.201; NAICS Code 621391. The 2012 U.S. Economic Census indicates that 7,569 podiatry firms operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621391, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621391 (last visited June 6, 2018). Of that number, 7,545 firms had annual receipts of less than $5 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. 36. Offices of All Other Miscellaneous Health Practitioners. This U.S. industry comprises establishments of independent health practitioners (except physicians; dentists; chiropractors; optometrists; mental health specialists; physical, occupational, and speech therapists; audiologists; and podiatrists). These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621399 “Offices of All Other Miscellaneous Health Practitioners,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621399&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $8.0 million or less. 13 CFR § 121.201; NAICS Code 621399. The 2012 U.S. Economic Census indicates that 11,460 firms operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621399, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621399 (last visited June 6, 2018). Of that number, 11,374 firms had annual receipts of less than $5 million. Id. Based on this data, we conclude the majority of firms in this industry are small. 37. Family Planning Centers. This U.S. industry comprises establishments with medical staff primarily engaged in providing a range of family planning services on an outpatient basis, such as contraceptive services, genetic and prenatal counseling, voluntary sterilization, and therapeutic and medically induced termination of pregnancy. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621410 “Family Planning Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621410&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $12 million or less. 13 CFR § 121.201; NAICS Code 621410. The 2012 Economic Census indicates that 1,286 firms in this industry operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621410, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621410 (last visited June 6, 2018). Of that number 1,237 had annual receipts of less than $10 million. Id. Based on this data, we conclude that the majority of firms in this industry are small. 38. Outpatient Mental Health and Substance Abuse Centers. This U.S. industry comprises establishments with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse. These establishments generally treat patients who do not require inpatient treatment. They may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621420 “Outpatient Mental Health and Substance Abuse Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621420&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is $16.5 million or less in annual receipts. 13 CFR § 121.201; NAICS Code 621420. The 2012 U.S. Economic Census indicates that 4,446 firms operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621420, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621420 (last visited June 6, 2018). Of that number, 4,069 had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. 39. HMO Medical Centers. This U.S. industry comprises establishments with physicians and other medical staff primarily engaged in providing a range of outpatient medical services to the HMO subscribers with a focus generally on primary health care. These establishments are owned by the HMO. Included in this industry are HMO establishments that both provide health care services and underwrite health and medical insurance policies. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621491 “HMO Medical Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621491&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is $35 million or less in annual receipts. 13 CFR § 121.201; NAICS Code 621491. The 2012 U.S. Economic Census indicates that 14 firms in this industry operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621491, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621491 (last visited June 6, 2018). Of that number, 5 firms had annual receipts of less than $25 million. Id. Based on this data, we conclude that approximately one-third of the firms in this industry are small. 40. Freestanding Ambulatory Surgical and Emergency Centers. This U.S. industry comprises establishments with physicians and other medical staff primarily engaged in (1) providing surgical services (e.g., orthoscopic and cataract surgery) on an outpatient basis or (2) providing emergency care services (e.g., setting broken bones, treating lacerations, or tending to patients suffering injuries as a result of accidents, trauma, or medical conditions necessitating immediate medical care) on an outpatient basis. Outpatient surgical establishments have specialized facilities, such as operating and recovery rooms, and specialized equipment, such as anesthetic or X-ray equipment. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621493 “Freestanding Ambulatory Surgical and Emergency Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621493&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $16.5 million or less. 13 CFR § 121.201; NAICS Code 621493. The 2012 U.S. Economic Census indicates that 3,595 firms in this industry operated throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621493, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621493 (last visited June 6, 2018). Of that number, 3,222 firms had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. 41. All Other Outpatient Care Centers. This U.S. industry comprises establishments with medical staff primarily engaged in providing general or specialized outpatient care (except family planning centers, outpatient mental health and substance abuse centers, HMO medical centers, kidney dialysis centers, and freestanding ambulatory surgical and emergency centers). Centers or clinics of health practitioners with different degrees from more than one industry practicing within the same establishment (i.e., Doctor of Medicine and Doctor of Dental Medicine) are included in this industry. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621498 “All Other Outpatient Care Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621498&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $22 million or less. 13 CFR § 121.201; NAICS Code 621498. The 2012 U.S. Economic Census indicates that 4,903 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621498, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621498 (last visited June 6, 2018). Of this number, 4,269 firms had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. 42. Blood and Organ Banks. This U.S. industry comprises establishments primarily engaged in collecting, storing, and distributing blood and blood products and storing and distributing body organs. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621991 “Blood and Organ Banks,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621991&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $35 million or less. 13 CFR § 121.201; NAICS Code 621991. The 2012 U.S. Economic Census indicates that 314 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621991, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621991 (last visited June 6, 2018). Of that number, 235 operated with annual receipts of less than $25 million. Id. Based on this data, we conclude that approximately three-quarters of firms that operate in this industry are small. 43. All Other Miscellaneous Ambulatory Health Care Services. This U.S. industry comprises establishments primarily engaged in providing ambulatory health care services (except offices of physicians, dentists, and other health practitioners; outpatient care centers; medical and diagnostic laboratories; home health care providers; ambulances; and blood and organ banks). See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621999 “All Other Miscellaneous Ambulatory Health Care Services,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621999&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $16.5 million or less. 13 CFR § 121.201; NAICS Code 621999. The 2012 U.S. Economic Census indicates that 2,429 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621999, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621999 (last visited June 6, 2018). Of that number, 2,318 had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of the firms in this industry are small. 44. Medical Laboratories. This U.S. industry comprises establishments known as medical laboratories primarily engaged in providing analytic or diagnostic services, including body fluid analysis, generally to the medical profession or to the patient on referral from a health practitioner. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621511 “Medical Laboratories,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621511&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $35 million or less. 13 CFR § 121.201; NAICS Code 621511. The 2012 U.S. Economic Census indicates that 2,599 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621511, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621511 (last visited June 6, 2018). Of this number, 2,465 had annual receipts of less than $25 million. Id. Based on this data, we conclude that a majority of firms that operate in this industry are small. 45. Diagnostic Imaging Centers. This U.S. industry comprises establishments known as diagnostic imaging centers primarily engaged in producing images of the patient generally on referral from a health practitioner. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621512 “Diagnostic Imaging Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621512&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established size standard for this industry, which is annual receipts of $16.5 million or less. 13 CFR § 121.201; NAICS Code 621512. The 2012 U.S. Economic Census indicates that 4,209 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621512, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621512 (last visited June 6, 2018). Of that number, 3,876 firms had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms that operate in this industry are small. 46. Home Health Care Services. This U.S. industry comprises establishments primarily engaged in providing skilled nursing services in the home, along with a range of the following: personal care services; homemaker and companion services; physical therapy; medical social services; medications; medical equipment and supplies; counseling; 24-hour home care; occupation and vocational therapy; dietary and nutritional services; speech therapy; audiology; and high-tech care, such as intravenous therapy. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621610 “Home Health Care Services,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621610&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $16.5 million or less. 13 CFR § 121.201; NAICS Code 621610. The 2012 U.S. Economic Census indicates that 17,770 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621610, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621610 (last visited June 6, 2018). Of that number, 16,822 had annual receipts of less than $10 million. Id. Based on this data, we conclude that a majority of firms that operate in this industry are small. 47. Ambulance Services. This U.S. industry comprises establishments primarily engaged in providing transportation of patients by ground or air, along with medical care. These services are often provided during a medical emergency but are not restricted to emergencies. The vehicles are equipped with lifesaving equipment operated by medically trained personnel. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621910 “Ambulance Services,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621910&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $16.5 million. 13 CFR § 121.201; NAICS Code 621910. . The 2012 U.S. Economic Census indicates that 2,984 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621910, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621910 (last visited June 6, 2018). Of that number, 2,926 had annual receipts of less than $15 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. 48. Kidney Dialysis Centers. This U.S. industry comprises establishments with medical staff primarily engaged in providing outpatient kidney or renal dialysis services. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 621492 “Kidney Dialysis Centers,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=621492&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established assize standard for this industry, which is annual receipts of $41.5 million or less. 13 CFR § 121.201; NAICS Code 621492. The 2012 U.S. Economic Census indicates that 396 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 621492, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~621492 (last visited June 6, 2018). Of that number, 379 had annual receipts of less than $25 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. 49. General Medical and Surgical Hospitals. This U.S. industry comprises establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. These hospitals have an organized staff of physicians and other medical staff to provide patient care services. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmacy services. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 622110 “General Medical and Surgical Hospitals,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=622110&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $41.5 million or less. 13 CFR § 121.201; NAICS Code 622110. The 2012 U.S. Economic Census indicates that 2,800 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 622110, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~622110 (last visited June 6, 2018). Of that number, 877 has annual receipts of less than $25 million. Id. Based on this data, we conclude that approximately one-quarter of firms in this industry are small. 50. Psychiatric and Substance Abuse Hospitals. This U.S. industry comprises establishments known and licensed as psychiatric and substance abuse hospitals primarily engaged in providing diagnostic, medical treatment, and monitoring services for inpatients who suffer from mental illness or substance abuse disorders. The treatment often requires an extended stay in the hospital. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. They have an organized staff of physicians and other medical staff to provide patient care services. Psychiatric, psychological, and social work services are available at the facility. These hospitals usually provide other services, such as outpatient services, clinical laboratory services, diagnostic X-ray services, and electroencephalograph services. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 622210 “Psychiatric and Substance Abuse Hospitals,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=622210&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $41.5 million or less. 13 CFR § 121.201; NAICS Code 622210. The 2012 U.S. Economic Census indicates that 404 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 622210, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~622210 (last visited June 6, 2018). Of that number, 185 had annual receipts of less than $25 million. Id. Based on this data, we conclude that slightly less than one-half of the firms in this industry are small. 51. Specialty (Except Psychiatric and Substance Abuse) Hospitals. This U.S. industry consists of establishments known and licensed as specialty hospitals primarily engaged in providing diagnostic, and medical treatment to inpatients with a specific type of disease or medical condition (except psychiatric or substance abuse). Hospitals providing long-term care for the chronically ill and hospitals providing rehabilitation, restorative, and adjustive services to physically challenged or disabled people are included in this industry. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. They have an organized staff of physicians and other medical staff to provide patient care services. These hospitals may provide other services, such as outpatient services, diagnostic X-ray services, clinical laboratory services, operating room services, physical therapy services, educational and vocational services, and psychological and social work services. See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 622310 “Specialty (Except Psychiatric and Substance Abuse) Hospitals,” https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=622310&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $41.5 million or less. 13 CFR § 121.201; NAICS Code 622310. The 2012 U.S. Economic Census indicates that 346 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 622310, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~622310 (last visited June 6, 2018). Of that number, 146 firms had annual receipts of less than $25 million. Id. Based on this data, we conclude that approximately one-third of the firms in this industry are small. 52. Emergency and Other Relief Services. This industry comprises establishments primarily engaged in providing food, shelter, clothing, medical relief, resettlement, and counseling to victims of domestic or international disasters or conflicts (e.g., wars). See U.S. Census Bureau, 2012 NAICS Definitions, NAICS Code 624230 “Emergency and Other Relief Services”, https://www.census.gov/cgi-bin/sssd/naics/naicsrch?input=624230&search=2012+NAICS+Search&search=2012 (last visited June 6, 2018). The SBA has established a size standard for this industry, which is annual receipts of $35 million or less. 13 CFR § 121.201; NAICS Code 624230. The 2012 U.S. Economic Census indicates that 541 firms operated in this industry throughout the entire year. U.S. Census Bureau, 2012 Economic Census of the United States, Table EC1262SSSZ4, Healthcare and Social Assistance: Subject Series - Estab and Firm Size: Receipts/Revenue Size of Firms for the United States: 2012, NAICS Code 624230, https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62SSSZ4//naics~624230 (last visited June 6, 2018). Of that number, 509 had annual receipts of less than $25 million. Id. Based on this data, we conclude that a majority of firms in this industry are small. E. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. 53. The Report and Order adopts the following new reporting requirement. New FRN registrants and certain existing FRN holders that need to update their FRNs will need to provide their e-mail address information to set up a username and password to be associated with their FRN. Eventually, all FRN registrants will be expected to manage FRN-related business in the new CORES. F. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered. 54. 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 or reporting requirements under the rule for small entities; (3) the use of performance, rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.” 55. A substantial number of entities and individuals doing business with the Commission have already received their FRNs through a prior registration in the old version of CORES (or legacy CORES), and we anticipate that the changes proposed here will have little to no economic impact on them. For all users that are currently using the legacy CORES and will be expected to use the new CORES, there should be no economic barriers involved in seeking an FRN number through CORES when registering online through the Commission’s website. The Office of Managing Director is the delegated authority to transition registrants that obtained passwords through legacy CORES to the new CORES, and, in consultation with the Commission’s Chief Information Officer, will best determine what steps to take to bring such users into compliance. Through the transition process, all FRN holders will be expected to manage FRN business through the new CORES. After legacy CORES is retired (i.e., no longer publicly accessible), new FRN registrants and existing FRN holders that need to update FRN information will need to do so in the new CORES because the legacy CORES system will not be available. When needing to first register for an FRN or make information changes to a registration, users will be required to provide an e-mail address and password in the FCC User Registration System in order to access the new CORES. FRN holders that forget their passwords will also need to go through the new system to set up new passwords. The steps to obtain a new FRN or revise the information associated with an already-existing FRN are not burdensome because this requires a limited amount of data entry in form fields and should involve little to no cost for the registrant. However, this order does not address other Commission information systems that may require FRN and password entry or additional requirements for those separate systems. Report to Congress. 56. The Commission will send a copy of the Report and Order, including the FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy the Report and Order, including FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of this Report and Order and FRFA (or summaries thereof) will be published in the Federal Register. 25