[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Notices]
[Pages 47808-47810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24123]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

September 5, 1997.
    The Federal Communications Commission (FCC) has received Office of 
Management and Budget (OMB) approval for the following public 
information collections pursuant to the Paperwork Reduction Act of 
1995, Public Law 104-13. An agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid control number. For further information 
contact Shoko B. Hair, Federal Communications Commission, (202) 418-
1379.

Federal Communications Commission

    OMB Control No.: 3060-0704.
    Expiration Date: 02/28/98.
    Title: Policy and Rules Concerning the Interstate, Interexchange 
Marketplace, Implementation of Section 254(g) of the Communications Act 
of 1934, as amended, CC Docket No. 96-61.
    Form No.: N/A.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 519 respondents; 146 hours per response 
(avg.); 75,895 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $435,000.
    Frequency of Response: On occasion, annual, one-time requirement.
    Description: In the Order on Reconsideration issued in CC Docket

[[Page 47809]]

96-61 (released 8/20/97), the Commission amended the collections 
adopted in the Second Report and Order in this proceeding.
    a. Tariff cancellation requirement: In the Order on 
Reconsideration, the Commission concludes that, with two exceptions, 
the statutory forbearance criteria in Section 10 of the Communications 
Act, as amended, are met for the Commission no longer to require or 
allow nondominant interexchange carriers to file tariffs pursuant to 
Section 203 for their interstate, domestic, interexchange services. The 
Commission further concludes that nondominant interexchange carriers 
are allowed to file tariffs for (1) their interstate, domestic, 
interexchange direct-dial services to which end-users obtain access by 
dialing a carrier's carrier access code (dial-around 1+ services) and 
(2) interstate, domestic, interexchange services provided by a 
nondominant interexchange carrier for the lesser period of the initial 
45 days of service or until there is a written contract between the 
carrier and the customer, in those limited circumstances in which a 
prospective customer contacts the LEC to select an interexchange 
carrier or to initiate a change in his or her primary carrier. See 47 
CFR Sec. 61.20.
    In order to implement the Commission's detariffing policy, the 
Second Report and Order requires nondominant interexchange carriers to 
cancel their tariffs for interstate, domestic, interexchange services 
on file with the Commission within nine months of the effective date of 
that Order. That requirement, however, was not implemented by the 
carriers in light of the stay of the Second Report and Order, pending 
judicial review, entered by the United States Court of Appeals for the 
District of Columbia Circuit on February 13, 1997. The Order on 
Reconsideration provides that the Common Carrier Bureau will determine 
the appropriate transition period when the detariffing rules become 
effective. Nondominant interexchange carriers that have on file with 
the Commission tariff offerings that contain services subject to 
different tariffing requirements (e.g., tariff offerings that include 
dial-around 1+ services and service to new customers that contact the 
LEC to select an interexchange carrier or to initiate a change in their 
primary interexchange carrier, for which carriers are permitted to file 
tariffs, and tariff offerings that combine international services, 
which still must be tariffed, with interstate, domestic, interexchange 
services, which are detariffed), may comply with the Order on 
Reconsideration either by: (1) Cancelling the entire tariff and 
refiling a new tariff for only those services for which tariffs are 
required or permitted (519 respondents  x  2 hours per page = 2504 
annual burden hours); or (2) issuing revised pages cancelling the 
material in the tariffs that pertain to those services subject to 
forbearance (519 respondents  x  2 hours per page = 72,094 burden 
hours).
    b. Information disclosure requirement: The attached Order on 
Reconsideration eliminates the requirement that nondominant 
interexchange carriers make information on current rates, terms, and 
conditions for all of their interstate, domestic, interexchange 
services available to any member of the public in an easy to understand 
format and in a timely manner, for purposes of enforcing Section 254(g) 
of the Communications Act, as amended.
    c. Recordkeeping requirement: In the Order on Reconsideration, the 
Commission affirms its conclusion in the Second Report and Order to 
require nondominant interexchange carriers to maintain at their 
premises price and service information regarding all of their 
interstate, domestic,interexchange service offerings that they can 
submit to the Commission upon request. The Commission clarifies in the 
Order on Reconsideration that nondominant interexchange carriers should 
retain the documents supporting the rates, terms, and conditions of the 
carriers' interstate, domestic, interexchange offerings. Nondominant 
interexchange carriers are required to retain the foregoing records for 
a period of at least two years and six months following the date the 
carrier ceases to provide services on such rates, terms and conditions, 
in order to afford the Commission sufficient time to notify a carrier 
of the filing of a complaint, which generally must be filed within two 
years from the time the cause of action accrues (in the event a 
complaint is filed against a carrier, the carrier will be required to 
retain documents relating to the complaint until the complaint is 
resolved). See 47 CFR Sec. 42.11. Nondominant interexchange carriers 
are required to maintain the foregoing records in a manner that allows 
them to produce such records within ten business days of receipt of a 
Commission request, and to file with the Commission, and update as 
necessary, the name, address, and telephone number of the individual, 
or individuals, designated by the carrier to respond to Commission 
inquiries and requests for documents. The availability of such records 
will enable the Commission to meet its statutory duty of ensuring that 
such carriers' rates, terms, and conditions for service are just, 
reasonable, and not unreasonably discriminatory, and that these 
carriers comply with the geographic rate averaging and rate integration 
requirements of the 1996 Act. In addition, maintenance of such records 
will enable the Commission to investigate and resolve complaints. (519 
respondents  x  2 hours per response = 1038 annual burden hours).
    d. Certification Requirement: In the Second Report and Order, the 
Commission adopted its proposal to require nondominant interexchange 
carriers to file certifications with the Commission stating that they 
are in compliance with their statutory geographic rate averaging 
obligations under Section 254(g) of the Communications Act, as amended. 
These providers must also file certifications with the Commission 
stating that they are in compliance with their statutory rate 
integration obligations under Section 254(g). See 47 CFR 64.1900. This 
requirement is reaffirmed in the Order on Reconsideration. (519 
respondents x .05 hours per response = 259.5 annual burden hours).
    The information collected under the tariff cancellation requirement 
must be disclosed to the Commission, and will be used to implement the 
Commission's detariffing policy. The information collected under the 
recordkeeping and other requirements will be used by the Commission to 
ensure that affected interexchange carriers fulfill their obligations 
under the Communications Act, as amended. Your response is mandatory.
    OMB Control No.: 3060-0536.
    Expiration Date: 09/30/2000.
    Title: Rules and Requirements for Telecommunications Relay Services 
(TRS) Interstate Cost Recovery.
    Form No.: FCC Form 431.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 5000 respondents; 3.1 hours per response 
(avg.); 15,593 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; annual.
    Description: Title IV of the Americans with Disabilities Act of 
1990 (ADA) requires the Commission to ensure that telecommunications 
relay services are available, to the extent possible, to individuals 
with hearing and speech disabilities in the United States. To fulfill 
this mandate, the Commission

[[Page 47810]]

adopted rules that require the provision of TRS service beginning July 
26, 1993. The Commission set minimum standards for TRS providers and 
established a shared-funding mechanism (TRS Fund) for recovering the 
costs of providing interstate TRS. The Commission also appointed the 
National Exchange Carrier Association (NECA) the TRS Fund 
administrator, and directed NECA to establish a non-paid, voluntary 
advisory committee to monitor cost recovery matters.
    a. FCC Form 431: The Commission's rules require all carriers 
providing interstate telecommunications services to contribute to the 
TRS Fund. The amount contributed is the product of the carrier's gross 
interstate revenues for the previous year and a contribution factor 
determined annually by the Commission. Contributions are calculated in 
accordance with a TRS Fund Worksheet which is prepared each year by the 
Commission and published in the Federal Register. Payments from the 
fund are made to eligible TRS providers and are designed to cover the 
reasonable costs incurred in providing interstate TRS service. The TRS 
Fund administrator files a proposed payment formula and estimated fund 
requirements with the Commission each year, and this payment formula is 
subject to Commission approval. See 47 CFR 64.601-64.608 for rules and 
requirements governing telecommunications relay services. Pursuant to 
Sec. 64.604(c)(4)(iii)(A), every carrier providing interstate 
telecommunications services must contribute to the TRS Fund on the 
basis of its relative share of gross interstate revenues. Section 
64.604(c)(4)(iii)(A) contains a partial listing of the types of 
interstate services for which contributions must be made. Carriers who 
provide interstate services, including but not limited to, cellular 
telephone and paging, mobile radio, operator services, personal 
communications service (PCS), access (including subscriber line 
charges), alternative access and special access, packet-switched, WATS, 
800, 900, message telephone service, interstate private line, telex, 
telegraph, video, satellite, intraLATA international and resale 
services must contribute to the TRS Fund. Contributions to the TRS Fund 
will be based on each interstate service provider's relative share of 
gross interstate revenues for the prior calendar year and a 
contribution factor determined by the Commission. Contributors must use 
the TRS Fund Worksheet, FCC Form 431, to calculate their contributions 
to the TRS Fund. The worksheet must be filed with the FCC TRS Fund 
Administrator. See Sec. 64.604(c)(4)(iii)(B) and FCC Form 431, TRS Fund 
Worksheet. (5000 respondents  x  2 hours per response = 10,000 annual 
burden hours).
    b. True and Accurate Data: TRS providers must provide the 
administrator with true and accurate data to be used to compute 
payments. According to Sec. 64.604(c)(4)(iii)(C), the providers must 
submit the following: total TRS minutes of use, total interstate TRS 
minutes of use, total TRS operating expenses and total TRS investment 
in general accordance with 47 CFR Part 32, and other historical or 
projected information reasonably requested by the administrator for 
purposes of computing payments and revenue requirements. (13 
respondents  x  3 hours per response = 39 annual burden hours).
    c. Reports of Interstate TRS Minutes: TRS providers, including 
providers who are not interexchange carriers, local exchange carriers, 
or certified state relay providers, must submit reports of interstate 
TRS minutes of use to the administrator in order to receive payments. 
TRS providers receiving payments shall file a form prescribed by the 
administrator. The administrator is directed to fashion a form that is 
consistent with Parts 32 and 36. (See 47 CFR 
Sec. 64.604(c)(4)(iii)(E)). (13 respondents  x  4 hours per response = 
52 annual burden hours).
    d. Notification to TRS Administrator: Section 64.604(c)(4)(iii)(F) 
lists TRS providers who are eligible for receiving payments from the 
TRS Fund. These providers must notify the administrator of their intent 
to participate in the TRS Fund thirty days prior to submitting reports 
of TRS interstate minutes of use in order to receive payment 
settlements for interstate TRS. Failure to file may exclude the TRS 
provider from eligibility for the year. (See 47 CFR 
64.604(c)(4)(iii)(G)). Payments will only be made to eligible TRS 
providers operating in compliance with the mandatory minimum standards 
set forth in Sec. 64.604. (13 respondents x 10 minutes per response = 
2.16 annual burden hours).
    e. TRS Administrator Annual Report: The TRS Fund is subject to a 
yearly audit performed by an independent certified accounting firm or 
by the Commission, or both. Pursuant to Sec. 64.604(c)(4)(iii)(H), the 
TRS Fund administrator must report annually to the Commission its 
administrative costs associated with the administration of the TRS 
Fund, and must file a cost allocation manual. TRS payment formulas and 
revenue requirements must be filed with the Commission on October 1 of 
each year. The administrator must establish a non-paid, voluntary 
advisory committee of persons from the hearing and speech disability 
communities, TRS users, interstate service providers, state 
representatives, and TRS providers which will meet at reasonable 
intervals in order to monitor TRS cost recovery matters. The annual 
report to the Commission must include a discussion of advisory 
committee deliberations. (1 respondent  x 500 hours per response = 500 
annual burden hours).
    Information submitted in response to the foregoing requirements is 
used to administer the TRS Fund. Information is used to calculate the 
required carrier contributions to the TRS Fund and to determine the 
appropriate payment due to the TRS providers participating in the 
shared funding plan. Your response is required to obtain or retain 
benefits.
    Public reporting burden for the collections of information is as 
noted above. Send comments regarding the burden estimate or any other 
aspect of the collections of information, including suggestions for 
reducing the burden to Performance Evaluation and Records Management, 
Washington, D.C. 20554.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-24123 Filed 9-10-97; 8:45 am]
BILLING CODE 6712-01-P