FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,004
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B. Legal Basis
7. The potential actions about which comment is sought in this Second Further Notice
would be authorized pursuant to the authority contained in Sections 4(i), 303(r), and 710 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 610.
C. Description and Estimate of the Number of Small Entities to Which the Proposed
Rules Would Apply
8. 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 generally
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.'4 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." To assist the Commission in
analyzing the total number of potentially affected small entities, the Commission requests commenters to
estimate the number of small entities that may be affected by any rule changes that might result from this
Second Further Notice.
9. Small Businesses. Small Organizations, and Small Governmental Jurisdictions. Our
action may, over time, affect small entities that are not easily categorized at present. We therefore
describe here, at the outset, three comprehensive, statutory small entity size standards."' First,
nationwide, there are a total of approximately 27.5 million small businesses, according to the SBA." In
addition, a "small organization" is generally "any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.""' Nationwide, as of 2007, there were approximately
1,621,315 small organizations."' Finally, the term "small governmental jurisdiction" is defined generally
as "governments of cities, towns, townships, villages, school districts, or special districts, with a
population of less than fifty thousand."'' Census Bureau data for 2011 indicate that there were 89,476
local governmental jurisdictions in the United States.2" We estimate that, of this total, as many as 88,506
entities may qualify as "small governmental jurisdictions."22 Thus, we estimate that most governmental
12' 5 U.S.C. 603(b)(3).
13 5 U.S.C. 601(6).
14 5 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 consultation with the
Office of Advocacy of the Small Business Administration and after opportunity fior public comment, establishes one or
more definitions of such term which are appropnate to the activities of the agency and publishes such definition(s) in
the Federal Register." 5 U.S.C. 601(3).
15 Small Business Act. 15 U.S.C. 632 (1996).
If, See 5 U.S.C. 601(3) -(6)
17 See SBA, Office of Advocacy, "Frequently Asked Questions," web.sba.gov!faqs (last visited May 6. 2011 I: figures
are from 2009).
X 5 U.S.C 601(4).
19INDIPENDENT SC.(TOR. THE NFW NONPRO)-IT ALMANAC & DESK RtFERKN(I (2010).
21 5 U.S.C. 601(5)
21 U.S. CENSUiS BUREAU, STA IIS lICAL ABSTRAC(TOF tHIt UNI t:D) SrTA rts. 2011, Table 427 (200)7)
T2 [he 2007 U.S Census data for small governmental organizations are not presented based on the size of the
population In each such organization. There were 89, 476 small governmental organizations in 2007. If we assume
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/28/: accessed May 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.