Before the Federal Communications Commission Washington, D

3^ See OMB 3060-1113 (2011) (noting that these reports can be completed in 5-10 hours).

1^ Id.

2^ Where $28.85 x 1,253 carriers x 1 report/annually x .5 hours per report = $18,074.53. See OMB 3060-1113 (2011). Id.

3^ See supra Section 108.A.1108.A.1 (Defining the Modes of Participation in WEA).

1^ See EAS Operational Issues NPRM, 29 FCC Rcd at Appx. B.

1^ See supra Section 79.A (Compliance Timeframes).

2^ Pub. L. No. 104-13, 109 Stat. 163 (May 22, 1995), codified at 44 USC §§ 3501 et seq.

0^ See 5 USC § 603. The RFA, see 5 USC § 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996, (SBREFA) Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

0^ See Improving Wireless Emergency Alerts and Community-Initiated Alerting, PS Docket No. 15-91, Notice of Proposed Rulemaking, 30 FCC Rcd 13781 (2015) (WEA NPRM), Appx. B.

0^ See 5 USC § 604.

0^ “A Commercial Mobile Service Provider (or CMS Provider) is an FCC licensee providing commercial mobile service as defined in section 332(d)(1) of the Communications Act of 1934 (47 USC § 332(d)(1)). Section 332(d)(1) defines the term commercial mobile service as any mobile service (as defined in 47 USC 153) that is provided for profit and makes interconnected service available to the public or to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission.” 47 CFR § 10.10(d).

0^ See supra para. 51, Error: Reference source not found (identifying measures in place to ensure flexibility in compliance and avoidance of unduly burdensome costs).

0^ See 5 USC § 603(b)(3).

0^ See 5 USC § 601(6).

0^ See 5 USC § 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business Act, 15 USC § 632). Pursuant to 5 USC § 601(3), 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 for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.”

0^ See 15 USC § 632.

0^ See 5 USC §§ 601(3)–(6).

0^ See SBA, Office of Advocacy, “Frequently Asked Questions, http://www,” web.sba.gov/sites/default/files/FAQ_March_2014_0.pdffaqs (last accessed Jan. 25, 2015) (figures are from 2009).

0^ 5 USC § 601(4).

0^ Independent Sector, The New Nonprofit Almanac & Desk Reference (2010).

0^ 5 USC § 601(5).

0^ U.S. Census Bureau, Statistical Abstract of the United States: 2012, Section 8, page 267, tbl. 429, https://www.census.gov/compendia/statab/2012/tables/12s0429.pdf/ (data cited therein are from 2011, Table 427 (2007).

0^ The 2007 U.S Census data for small governmental organizations indicate that there were 89, 476 “Local Governments” in 2007. (U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011, Table 428.) The criterion by which the size of such local governments is determined to be small is a population of 50,000. However, since the Census Bureau does not specifically apply that criterion, it cannot be determined with precision how many of such local governmental organizations is small. Nonetheless, the inference seems reasonable that substantial number of these governmental organizations has a population of less than 50, 000. To look at Table 428 in conjunction with a related set of data in Table 429 in the Census’s Statistical Abstract of the U.S., that inference is further supported by the fact that in both Tables, many entities that may well be small are included in the 89,476 local governmental organizations, e.g. county, municipal, township and town, school district and special district entities. Measured by a criterion of a population of 50,000 many specific sub-entities in this category seem more likely than larger county-level governmental organizations to have small populations. Accordingly, of the 89,746 small governmental organizations identified in the 2007 Census, the Commission estimates that a substantial majority is small.

0^ U.S. Census Bureau, North American Industry Classification System, Definition of “Wireless Telecommunications Carriers (except Satellite),” NAICS code 517210, available at

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