The Small Purchasers’ Coalition, a group of eleven LNGS clients, has won a significant victory on behalf of small carriers across the country, in connection with the FCC’s requirements to report the use of special access facilities. Following the FCC’s December 2012 Order, the Small Purchaser’s Coalition filed an objection with the Office of Management and Budget, demonstrating that the FCC’s reporting requirements would place extraordinary burdens on small businesses, requiring thousands of hours to compile and submit the required data.
With the help of our clients, LNGS attorneys submitted a petition and met with OMB officials to explain why small entities would find the requirements overwhelming, and that the data provided by small carriers would be insignificant to the FCC’s larger inquiry.
The OMB approved the FCC’s data request, but granted every exemption and limitation requested by the Small Purchasers’ Coalition.
• Any carrier that purchased less than $5 million in special access services in 2013 is exempted from all reporting requirements.
• Carriers need not report data for 2010 and 2012, as requested by the FCC, but need only report data for 2013.
• Instead of reporting detailed information in numerous categories, wireless purchasers are only required to provide basic information about the location of facilities and the type and capacity of special access provided.
The FCC has announced that it now plans to move forward with the special access data collection requirements, as modified by OMB.
We expect the FCC to require the submission of special access data, as modified above for small carriers, in the fourth quarter of this year.
A copy of the OMB’s decision can be found here: http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201311-3060-001