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[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Notices]
[Pages 44966-44969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22547]

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FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission

August 19, 1997.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.

DATES: Written comments should be submitted on or before October 24, 
1997. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all comments to Judy Boley, Federal Communications 
Commission, Room 234, 1919 M St., N.W., Washington, DC 20554 or via 
internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Judy Boley at 202-418-0214 or 
via internet at [email protected].

[[Page 44967]]

SUPPLEMENTARY INFORMATION:

    OMB Approval No.: 3060-0785.
    Title: Changes to the Board of Directors of the National Exchange 
Carrier Association and Federal-State Joint Board on Universal Service, 
CC Docket Nos. 97-21 and 96-45.
    Form No.: FCC Form 457, Universal Service Worksheet.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 20,000.
    Estimated Hour Per Response: 4.31 hours per response (average).
    Frequency of Response: On occasion; semi-annual; quarterly; and 
monthly reporting requirements.
    Estimated Total Annual Burden: 86,250 hours.
    Needs and Uses: The Telecommunications Act of 1996 (1996 Act) 
directed the Commission to initiate a rulemaking to reform our system 
of universal service so that universal service is preserved and 
advanced as markets move toward competition. To fulfill that mandate, 
based on the recommendations of the Federal-State Joint Board on 
Universal Service, the Commission adopted a Report and Order in CC 
Docket No. 96-45 on May 8, 1997 to implement the Congressional 
directives set out in section 254 of the Communications Act of 1934, as 
amended by the 1996 Act. In the Changes to the Board of Directors of 
the National Exchange Carrier Association, Inc. and Federal-State Joint 
Board on Universal Service, Report and Order and Second Order on 
Reconsideration, CC Docket Nos. 97-21 and 96-45, the Commission further 
clarifies reporting requirements necessary to calculate contributions 
to universal service. Section 254(d) requires all telecommunications 
carriers that provide interstate telecommunications services to make 
equitable and nondiscriminatory contributions towards the preservation 
and advancement of universal service. Section 254(d) also permits the 
Commission to require providers of interstate telecommunications to 
contribute to universal service if it would serve the public interest. 
Pursuant to section 54.703 of the Commission's rules, all contributors 
must contribute to the support mechanisms based on their end-user 
telecommunications revenues. End-user telecommunications revenues are 
those revenues derived from end users for telecommunications or 
telecommunications services. End-user telecommunications revenues also 
include revenues from subscriber line charges. Support for programs for 
schools, libraries, and rural health care providers will be based on 
interstate, intrastate and international end-user telecommunications 
revenues. Support for programs for high cost areas and low-income 
consumers will be based on interstate and international end-user 
telecommunications revenues. In order to compute contributions, 
contributors must submit semi-annually information regarding their end-
user telecommunications revenues. Section 54.711 of the Commission's 
rules requires contributing entities to submit a semi-annual Universal 
Service Worksheet, FCC Form 457 (the Worksheet) and quarterly 
contributions to universal service. See 47 C.F.R. 54.711. The Worksheet 
requires entities to submit information regarding their end-user 
telecommunications revenues. It will require entities to list their 
revenues by several categories and to specify what portion of their 
revenues are attributable to interstate services. The Worksheet will be 
used by the Administrator or Temporary Administrator to calculate total 
end-user telecommunications revenues. This information shall be used to 
calculate the quarterly contribution factors which shall be applied to 
individual end-user telecommunications revenues to calculate individual 
contributions. Universal service contribution factors shall be based on 
the ratio of projected costs of the support mechanisms for the funding 
year, including administrative expenses, to the revenue base, 
calculated from information contained in the Worksheets. The 1998 
universal service funding year will begin January 1, 1998 and end 
December 31, 1998. The Administrator or Temporary Administrator will 
adjust the contribution factor every quarter based on projected demand 
for services, administrative costs, etc. The Report and Order set forth 
a partial listing of the types of interstate services for which 
contributions must be made. Carriers that provide interstate services, 
including, but not limited to: cellular telephone and paging services; 
mobile radio services; operator services; PCS; access to interexchange 
service; special access; WATS; toll-free services; 900 services; MTS; 
private line; telex; telegraph; video services; satellite services; and 
resale services must contribute to the universal service support 
mechanisms. See 47 CFR Section 54.703. The Administrator or Temporary 
Administrator will bill contributors and the contributor will then 
submit its quarterly payment to the Administrator or Temporary 
Administrator. Contributors that provide services to schools, 
libraries, and health care providers may be eligible to receive a 
credit against their contributions. A contributor seeking a credit must 
submit information to the Administrator or Temporary Administrator 
regarding the services provided at less than cost. See 47 C.F.R. 
54.515. The Administrator or Temporary Administrator will send 
contributors a quarterly bill that will set out the quarterly 
contribution due. In addition, contributors will be allowed to submit 
their quarterly contribution with the information necessary to 
calculate any credits. The Commission exempts certain carriers from the 
contribution requirement. If based on the funding year's first quarter 
contribution percentage, a contributor's yearly contribution would be 
less than $100, it will not be required to submit a Worksheet and a 
contribution. The information will be used by the Commission and the 
Administrator or Temporary Administrator to calculate contributions to 
the universal service support mechanisms.
    OMB Approval No.: 3060-0786.
    Title: Petitions for LATA Association Changes by Independent 
Telephone Companies.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for profit.
    Number of Respondents: 20.
    Estimated Time Per Response: 6 hours per response.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 120 hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: N/A.
    Needs and Uses: In Petitions for LATA Association Changes by 
Independent Telephone Companies, Memorandum Opinion and Order (Order), 
CC Docket No. 96-158, the Commission pursuant to the provisions of the 
Communications Act of 1934, as amended requests that independent 
telephone companies (ITCs) and Bell Operating Companies provide certain 
information to the Commission regarding ITC requests for changes in 
local access and transport area (LATA) association and modification of 
LATA boundaries to permit the change in association. The Commission has 
provided voluntary guidelines to assist ITCs in filing petitions for 
changes in LATA association and connected modification of LATA 
boundaries. The guidelines ask that each LATA association change 
request include the

[[Page 44968]]

following information: (1) Type of request; (2) exchange information; 
(3) number of access lines or customers; (4) public interest statement; 
(5) a map showing exchanges and LATA boundaries involved; (6) a list of 
extended local calling service (ELCS) routes between the independent 
exchange and the LATA with which it is currently associated; and (7) a 
BOC supplement requesting a modification of the LATA boundary. A 
carrier will be deemed to have made a prima facie case supporting grant 
of the proposed change in association if the petition: (1) States that 
the association change is necessary because of planned upgrades to the 
ITC's network or service that will require routing traffic through a 
different BOC LATA; (2) involves a limited number of access lines; and 
(3) includes a statement from the affected BOC(s) requesting a LATA 
modification. The guidelines will assist the ITCs in filing LATA 
association petitions and the Commission in determining whether a 
change in LATA association should be granted. The requested information 
will be used by the Commission to determine whether the need for the 
proposed changes in LATA association outweighs the risk of potential 
anticompetitive effects, and thus whether requests for changes in LATA 
association and connected modifications of LATA boundaries should be 
granted.
    OMB Approval No.: 3060-0784.
    Title: USAC Board of Directors Nomination Process, CC Docket Nos. 
97-21 and 96-45.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for profit.
    Number of Respondents: 17.
    Estimated Time Per Response: 20 hours per response.
    Frequency of Response: On occasion; biennially.
    Total Annual Burden: 340 total annual hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: N/A.
    Needs and Uses: In Changes to the Board of Directors of the 
National Exchange Carrier Association, Inc. and Federal-State Joint 
Board on Universal Service, Report and Order and Second Order on 
Reconsideration, CC Docket Nos. 97-21 and 96-45, the Commission 
appoints the National Exchange Carrier Association (NECA) the temporary 
administrator of the universal service support mechanisms, subject to 
its creating a separate subsidiary, the Universal Service 
Administrative Company (USAC), to administer the support programs. The 
Commission also directs NECA to create two unaffiliated corporations to 
administer portions of the schools and libraries and rural health care 
programs. USAC's Board of Directors shall consist of 17 individuals who 
represent a cross section of industry providers and support program 
beneficiaries: (1) Three directors shall represent incumbent local 
exchange carriers, with one director representing the Bell Operating 
Companies and GTE, one director representing ILECs (other than the Bell 
Operating Companies) with annual operating revenues in excess of $40 
million, and one director representing ILECs (other than the Bell 
Operating Companies) with annual operating revenues of $40 million or 
less; (2) Two directors shall represent interexchange carriers, with 
one director representing interexchange carriers with more than $3 
billion in annual operating revenues and one director representing 
interexchange carriers with annual operating revenues of $3 billion or 
less; (3) One director shall represent commercial mobile radio service 
(CMRS) providers; (4) One director shall represent competitive local 
exchange carriers; (5) One director shall represent cable operators; 
(6) One director shall represent information service providers; (7) 
Three directors shall represent schools that are eligible to receive 
universal service discounts; (8) One director shall represent libraries 
that are eligible to receive universal service discounts; (9) One 
director shall represent rural health care providers that are eligible 
to receive supported services; (10) One director shall represent low-
income consumers; (11) One director shall represent state 
telecommunications regulators; and (12) One director shall represent 
state consumer advocates. The Commission instructs industry and non-
industry groups to nominate a consensus candidate for each seat on the 
Board. Each of these industry and non-industry groups shall submit the 
name of its nominee for a seat on USAC's Board of Directors, along with 
relevant professional and biographical information about the nominee, 
to the Chairman of the Federal Communications Commission within 14 
calendar days of the publication of the Report and Order's rules in the 
Federal Register. Only members of the industry or non-industry group 
that a Board member will represent may submit a nomination for that 
position. See 47 C.F.R. Sections 69.614, 69.617. Members of the USAC 
Board will be appointed for two-year terms. Board members may be re-
appointed for subsequent terms pursuant to the initial nomination and 
appointment process described above. The information will be used by 
the Commission to select USAC's Board of Directors. The information 
requested is not otherwise available. Without such information the 
Commission could not appoint a representative body to USAC's Board of 
Directors and, therefore, could not fulfill its statutory 
responsibilities in accordance with the Communications Act of 1934, as 
amended.
    OMB Approval No.: 3060-0646.
    Title: Policies and Rules Concerning Unauthorized Changes of 
Consumers' Long Distance Carriers (CC Docket 94-129).
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit.
    Number of Respondents: 500.
    Estimated Time Per Response: 2 hours per response.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 1000 hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: N/A.
    Needs and Uses: Interexchange carriers are required to provide 
consumers with letters of agency (LOA) that are physically separate or 
severable from any inducements or promotional materials. The letter of 
agency must be written in clear and unambiguous language and printed in 
a font whose size and style are comparable to the inducement. On July 
15, 1997, the Commission released a combined Further Notice of proposed 
Rulemaking and Memorandum Opinion and Order on Reconsideration which 
amends the Commission's rules and policies governing the unauthorized 
switching of subscribers' primary interexchange carriers (PICs). In the 
Order on Reconsideration the Commission amends its rules regarding 
changes in subscribers' long distance carriers in three respects. The 
Commission amended its rules to (1) require carriers using letters of 
agency to fully translate the LOA into the same language as associated 
promotional materials, oral descriptions and instructions; (2) 
incorporate the terms interLATA and intraLATA into 64.1150(e)(4); and, 
(3) clarify that carriers must confirm orders for long distance service 
by telemarketing using only one of the four verification options 
contained in Section 64.1100.

[[Page 44969]]

Federal Communications Commission
William F. Caton,
Acting Secretary.
[FR Doc. 97-22547 Filed 8-22-97; 8:45 am]
BILLING CODE 6712-01-P
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