Practice and Procedure, CORES Registration System
Final rule.
CFR Part: "47 CFR Part 1"
Citation: "86 FR 59858"
Document Number: "MD Docket No. 10-234;
Page Number: "59858"
"Rules and Regulations"
Agency: "
SUMMARY: In this document, the
DATES: Effective
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order, in MD Docket No. 10-234,
Synopsis
I. Administrative Matters
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980 (RFA), the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order. The FRFA is located towards the end of this document.
B. Final Paperwork Reduction Act of 1995 Analysis
2. The Report and Order adopts a new information collection requirement subject to the Paperwork Reduction Act of 1995 (PRA). The new information collection requirement was submitted to the
C. Congressional Review Act.
3. The Commission has determined, and the Administrator of the
4. 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
5. 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. The 2010 notice of proposed rulemaking (NPRM) (76 FR 5652,
6. In 2016, the
7. Entities and individuals that register for FRNs in the new version of CORES must provide email address information which is verified through an email verification link in the
II. Report and Order
8. We amend
9. The Commission received several comments on the proposal to require email addresses as part of CORES registration. Sprint,
10. 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. Also, other Commission proceedings have demonstrated that there is a vast majority of entities that already communicate with the Commission electronically. 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 email 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.
11. 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 email 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 email verification. An email address is a unique ID and/or digital identity for each user that not only helps ensure the
12. Requiring email address information as part of FRN registration and requiring users to keep up-to-date email addresses in CORES will enable the Commission to fully finalize its shift from
13. 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.
14. 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.
15. 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 email address with their FRN, to continue to use that FRN without an associated valid email 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 email address information to gain entry or otherwise use such systems.
16. We are also deleting
17. Paperwork Reduction Act Analysis. The Report and Order adopts a new information collection requirement subject to the Paperwork Reduction Act of 1995 (PRA). The new information collection requirement was submitted to the
18. Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980 (RFA) the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order.
III. Final Regulatory Flexibility Analysis
19. 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 2010 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
20. In the Report and Order, the Commission amends
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
21. There were no comments received in response to the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the
22. 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
D. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply
23. 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
24. 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
25. 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. First, while there are industry specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the
E. Providers of Telecommunications and Other Services
26. Wired Telecommunications Carriers. The
27. 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. Under the SBA's size standard, such a business is small if it has 1,500 or fewer employees.
28. 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. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees. 2012
29. 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. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees. 2012
30. 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. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees. 2012
31. 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. The SBA has developed a small business size standard for the category of Telecommunications Resellers. Under that size standard, such a business is small if it has 1,500 or fewer employees. 2012
32. 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." Satellite telecommunications service providers include satellite and earth station operators. The category has a small business size standard of
33. 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. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. Establishments providing internet services or voice over internet protocol (VoIP) services via client-supplied telecommunications connections are also included in this industry. The SBA has developed a small business size standard for All Other Telecommunications, which consists of all such firms with annual receipts of
34. 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. The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. For this industry,
35.
36. The Commission has estimated the number of licensed commercial television stations to be 1,377. Of this total, 1,258 stations (or about 91 percent) had revenues of
37. We note, however, that in assessing whether a business concern qualifies as "small" under the above definition, business (control) affiliations 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.
38. Radio Stations. This Economic Census category "comprises establishments primarily engaged in broadcasting aural programs by radio to the public." The SBA has created the following small business size standard for this category: Those having
39. 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
40. 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. Industry data indicate that there are 4,600 active cable systems in
41. 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. Wired Telecommunications Carriers are comprised of establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired telecommunications networks. Transmission facilities may be based on a single technology or a combination of technologies. The SBA size standard for this category classifies a business as small if it has 1,500 or fewer employees.
42. 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." 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. For-profit schools, and schools with endowments in excess of
43. 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. 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
44. 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." For-profit libraries, are not eligible to receive discounts under the program, nor are libraries whose budgets are not completely separate from any schools.
45. 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. The SBA has developed a small business size standard for Libraries and Archives which consists of all such entities with gross annual receipts of
G. Health Care Providers
46. Offices of Physicians (except
47. Offices of Physicians,
48. Offices of Dentists. This
49. Offices of Chiropractors. This
50. Offices of Optometrists. This
51. Offices of Mental Health Practitioners (except Physicians). This
52. Offices of Physical, Occupational and Speech Therapists and Audiologists. This
53. Offices of Podiatrists. This
54. Offices of All Other Miscellaneous Health Practitioners. This
55.
56.
57. HMO Medical Centers. This
58. Freestanding Ambulatory Surgical and Emergency Centers. This
59. All Other Outpatient Care Centers. This
60. Blood and Organ Banks. This
61. All Other Miscellaneous Ambulatory Health Care Services. This
62.
63. Diagnostic Imaging Centers. This
64. Home Health Care Services. This
65. Ambulance Services. This
66. Kidney Dialysis Centers. This
67. General Medical and Surgical Hospitals. This
68. Psychiatric and Substance Abuse Hospitals. This
69. Specialty (Except Psychiatric and Substance Abuse) Hospitals. This
70. 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). The SBA has established a size standard for this industry, which is annual receipts of
H. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements
71. 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 email 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.
I. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered
72. 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."
73. 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.
IV. Ordering Clauses
74. 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), the Report and Order is adopted and the Commission's rules are hereby amended as set forth in Appendix B of the Report and Order. The rules and procedures adopted in the Report and Order are effective 30 days after the date of publication in the
75. It is further ordered that this Report and Order shall be effective 30 days after publication of a summary in the
76. It is further ordered that the Commission shall send a copy of the Report and Order, in a report to be sent to
77. It is further ordered that the Commission's
List of Subjects in 47 CFR Part 1 Administrative practice and procedure, Communications, internet, Reporting and recordkeeping requirements, Telecommunications.
Secretary.
For the reasons stated in the preamble, the
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority:47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise noted.
2. Amend
a. Revising paragraph (b); and
b. Removing paragraph (e).
The revision reads as follows:
*****
(b)(1) When registering for an FRN through the CORES, an entity's name, entity type, contact name and title, address, valid email address, and taxpayer identifying number (TIN) must be provided. For individuals, the TIN is the social security number (SSN).
(2) Information listed in paragraph (b)(1) of this section must be kept current by registrants either by updating the information on-line at the CORES link at www.fcc.gov or by filing
*****
[FR Doc. 2021-20544 Filed 10-28-21;
BILLING CODE 6712-01-P


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