Small Business Administration’s (SBA) Office of Advocacy told FCC...
Small Business Administration’s (SBA) Office of Advocacy told FCC in letter last week that Nov. order on Enhanced 911 didn’t comply with Regulatory Flexibility Act (RFA) because it didn’t adequately address impact on small business. It said conclusions weren’t…
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based on issues raised in initial regulatory flexibility analysis (IRFA) and didn’t give small businesses chance to comment on new IRFA, SBA said. SBA told FCC Chmn. Powell that his agency should draft supplemental document to seek comment on impact on small businesses of decision to remove cost-recovery mechanism. Order itself was response to petitions for reconsideration of decision to remove precondition of cost recovery from states to accelerate introduction of E911 services. Originally, carriers were allowed to defer providing 911 operators with ability to automatically locate position of wireless callers. Before cost recovery had been removed as precondition, deferral was predicated on timing of state mechanism to reimburse carriers for costs. Order under scrutiny by SBA upheld FCC decision to require carriers to install automatic locator systems regardless of whether they were reimbursed by state govts. SBA told Powell that because small businesses didn’t have chance to comment on decision to do away with cost-recovery requirement, “the Commission’s rulemaking is grievously in violation of the RFA.” Technical regulatory concerns raised by SBA center on fact that FCC relied on regulatory analysis drafted in earlier order rather than creating separate one for comment on cost-recovery requirement change. Updated analysis should be disseminated “immediately to cure this deficiency,” SBA wrote.