Before the Federal Communications Commission Washington, D.C. ...

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Federal Communications Commission FCC 02-64APPENDIX CFINAL REGULATORY FLEXIBILITY ANALYSISAs required by the Regulatory Flexibility Act of 1980, as amended (“RFA”), 191 an Initial RegulatoryFlexibility Analysis (“IRFA”) was incorporated into the Notice of Proposed Rulemaking (“NPRM”) inEB Docket No. 01-66. 192 The Commission sought written public comments on the proposals in theNPRM, including comments on the IRFA. No comments were filed in direct response to the IRFA. ThisFinal Regulatory Flexibility Analysis (“FRFA”) conforms to the RFA.A. Need for, and Objectives of, the Report and OrderThis Report and Order amends the technical and operational requirements for the Emergency AlertSystem (“EAS”). Many of the amendments adopted in this Report and Order are intended to enhance thecapabilities and performance of the EAS during state and local emergencies, which will promote publicsafety. In addition, the Report and Order amends the EAS rules to make compliance with the EASrequirements less burdensome for broadcast stations, cable systems and wireless cable systems. ThisReport and Order also eliminates rules which are obsolete or no longer needed.B. Summary of Significant Issues Raised by Public Comments in Response to the IRFANo comments were filed in direct response to the IRFA. The Commission, however, has considered thepotential impact of the rules proposed in the NPRM on small entities and has reduced the complianceburden for broadcast stations and cable systems as discussed in paragraphs 48-53 and 66-75 of thisReport and Order.C. Description and Estimate of the Number of Small Entities to Which the Rules Will ApplyThe RFA directs agencies to provide a description of and, where feasible, an estimate of the number ofsmall entities that may be affected by the rules adopted herein. 193 The RFA generally defines the term“small entity” as having the same meaning as the terms “small business,” “small organization,” and“small governmental jurisdiction.” 194 In addition, the term “small business” has the same meaning as theterm “small business concern” under the Small Business Act. 195 A small business concern is one which:(1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies191See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 et seq., has been amended by the Contract With AmericaAdvancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (“CWAAA”). Title II of the CWAAA is theSmall Business Regulatory Fairness Enforcement Act of 1996.192Notice of Proposed Rulemaking, Amendment of Part 11 of the Commission’s Rules Regarding theEmergency Alert System, 16 FCC Rcd 7255, 7271-76 (2001).1931945 U.S.C. § 604(a)(3).5 U.S.C. § 601(6).1955 U.S.C. § 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. §632). Pursuant to the RFA, the statutory definition of a small business applies “unless an agency, after consultationwith the Office of Advocacy of the Small Business Administration and after opportunity for public comment,establishes one or more definitions of such term which are appropriate to the activities of the agency and publishessuch definition(s) in the Federal Register.”50
Federal Communications Commission FCC 02-64any additional criteria established by the Small Business Administration (“SBA”). 196 A smallorganization is generally “any not-for-profit enterprise which is independently owned and operated and isnot dominant in its field.” 197 Nationwide, as of 1992, there were approximately 275,801 smallorganizations. 198 “Small governmental jurisdiction” 199 generally means “governments of cities, counties,towns, townships, villages, school districts, or special districts, with a population of less than 50,000.” 200As of 1992, there were approximately 85,006 such jurisdictions in the United States. 201 This numberincludes 38,978 counties, cities, and towns; of these, 37,566, or 96 percent, have populations of fewerthan 50,000. 202 The Census Bureau estimates that this ratio is approximately accurate for allgovernmental entities. Thus, of the 85,006 governmental entities, we estimate that 81,600 (91 percent)are small entities.Television and radio stations. The rules adopted in this Report and Order will apply to televisionbroadcasting licensees and radio broadcasting licensees. The SBA defines a television broadcastingstation that has $10.5 million or less in annual receipts as a small business. 203 Television broadcastingstations consist of establishments primarily engaged in broadcasting visual programs by television to thepublic, except cable and other pay television services. 204 Included in this industry are commercial,religious, educational, and other television stations. 205 Also included are establishments primarilyengaged in television broadcasting and which produce taped television program materials. 206 Separateestablishments primarily engaged in producing taped television program materials are classified underanother NAICS code. 207 There were 1,509 television stations operating in the nation in 1992. 208 As ofSeptember 30, 2001, Commission records indicate that 1,686 television broadcasting stations were196197Small Business Act, 15 U.S.C. § 632 (1996).5 U.S.C. § 601(4).198U.S. Department of Commerce, Bureau of the Census, 1992 Economic Census, Table 6 (special tabulationof data under contract to Office of Advocacy of the U.S. Small Business Administration).19920020120220347 C.F.R. § 1.1162.5 U.S.C. § 601(5).U.S. Dept. of Commerce, Bureau of the Census, “1992 Census of Governments.”Id.13 C.F.R. § 121.201, NAICS code 513120.204U.S. Department of Commerce, Bureau of the Census, Economics and Statistics Administration, 1992Census of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92-S-1, AppendixA-9 (1995) (“1992 Census, Series UC92-S-1”).205Id.; see Executive Office of the President, Office of Management and Budget, Standard IndustrialClassification Manual (1987), at 283, which describes “Television Broadcasting Stations” (SIC code 4833, nowNAICS code 513120).2061992 Census, Series UC92-S-1, at Appendix A-9.207Id.; formerly SIC code 7812 (Motion Picture and Video Tape Production); formerly SIC code 7922(Theatrical Producers and Miscellaneous Theatrical Services) (producers of live radio and television programs).208FCC News Release No. 31327 (January 13, 1993); 1992 Census, Series UC92-S-1, at Appendix A-9.51
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