FOOTNOTE 129 One FTE, typically called a "Full Time Equivalent," is a unit of measure equal to the work performed annually by a full time person (working a 40 hour workweek for a full year) assigned to the particular job, and subject to agency personnel staffing limitations established by the U.S. Office of Management and Budget. Any reference to FTE or "Full Time Employee" used herein refers to such Full Time Equivalent. END FOOTNOTE
4. The Report and Order also clarifies that licensees of Digital Low Power, Class A, and TV Translators/Boosters should pay only one regulatory fee on their analog or digital station, but not both. During the transition from analog to digital, licensees of Low Power, Class A, and TV Translator/Booster facilities may be operating in analog mode, in digital mode, or in an analog and digital simulcast mode. Therefore, for regulatory fee purposes, the Commission will assess a fee for each facility operating either in an analog or digital mode. In instances in which a licensee is simulcasting in both analog and digital modes, a single regulatory fee will be assessed for the analog facility and its corresponding digital component, but not for both facilities. In addition, the Report and Order announces that effective in FY 2014 all regulatory fee payments must be made electronically. The Report and Order also states that beginning in FY 2014 the Commission will no longer mail out initial regulatory fee assessments to CMRS licensees. Finally, the Commission will refer to the Department of the Treasury end-to-end billing and collection beginning in FY 2014.
B. Summary of the Significant Issues Raised by the Public Comments in Response to the IRFA
5. Fireweed Communications and Jeremy Lansman filed joint comments to the IRFA. They contend that the proposals in the FY 2013 NPRM greatly increase the reporting burden on small broadcasting entities requesting a fee waiver. /130/ They also contend that the IRFA does not describe significant alternatives to the proposed rules or exemptions for small entities. /131/ The Schedule of Regulatory Fees to be paid by radio and television broadcasters, which appears at 47 CFR 1153, takes into account the size of the market and/or size of the population served by the various classes of television and radio stations. Thus, consideration for smaller stations is already built in to the Commission's regulatory fee structure. Any station experiencing financial hardship from the fee increase adopted today can file for a waiver pursuant to 47 CFR 1.116. This Report and Order makes no change in the fee waiver procedure for any entities seeking a waiver. We have not proposed any changes in our regulatory fee process for small entities. We have not increased the reporting burden on small entities in this proceeding. These commenters appear to be seeking a change in the waiver process, which is outside the scope of this proceeding.
FOOTNOTE 130 Comments of Fireweed Communications and Jeremy Landsman at 2. END FOOTNOTE
FOOTNOTE 131 Id. END FOOTNOTE
C. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply
6. 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 and policies, if adopted. /132/ The RFA generally defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction." /133/ In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act. /134/ 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 SBA. /135/ Nationwide, there are a total of approximately 27.9 million small businesses, according to the SBA. /136/