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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12450-12453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04649]

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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-XXXX, OMB 3060-0207, OMB 3060-0856; FR ID 74140]

Information Collections Being Submitted for Review and Approval 
to Office of Management and Budget

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal 
Communications Commission (FCC or the Commission) invites the general 
public and other Federal Agencies to take this opportunity to comment 
on the following information collection. Pursuant to the Small Business 
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it 
might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.'' The Commission may 
not conduct or sponsor a collection of information unless it displays a 
currently valid Office of Management and Budget (OMB) control number. 
No person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid OMB control number.

DATES: Written comments and recommendations for the proposed 
information collection should be submitted on or before April 4, 2022.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be considered. In 
addition to submitting in www.reginfo.gov also send a copy of your 
comment on the proposed information collection to Nicole Ongele, FCC, 
via email to [email protected] and to [email protected]. Include in the 
comments the OMB control number as shown in the SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Nicole Ongele at (202) 418-2991. 
To view a copy of this information collection request (ICR) submitted 
to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the Title of this ICR and 
then click on the ICR Reference Number. A copy of the FCC submission to 
OMB will be displayed.

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce 
paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 
1995 (44 U.S.C. 3501-3520), the FCC invited the general public and 
other Federal Agencies to take this opportunity to

[[Page 12451]]

comment on the following information collection. 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 estimates; (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. 
Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on 
how it might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''
    OMB Control Number: 3060-XXXX.
    Title: Wireless Emergency Alerts (WEA) Handset Displays and False 
Alert Reporting.
    Form No.: N/A.
    Type of Review: New information collection.
    Respondents: Businesses or other for-profits; State, Local, or 
Tribal Government and Federal Government.
    Number of Respondents and Responses: 23,277 respondents; 167 
responses.
    Estimated Time per Response: 1 hour-150 hours.
    Frequency of Response: On occasion and one-time reporting 
requirement.
    Obligation to Respond: Mandatory and Voluntary. Statutory authority 
for this information collection is contained in 47 U.S.C. 151, 152, 
154(i), 154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, 
613, 1201, 1202, 1203, 1204 and 1206.
    Total Annual Burden: 22,815 hours.
    Total Annual Cost: No cost.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There are no assurance of 
confidentiality associated with this collection of information.
    Needs and Uses: This is a new request for approval of an 
information collection for two new regulations under the Commission's 
part 10 Wireless Emergency Alert (WEA) rules. No other information 
collections contained in the Commission's regulations will be impacted 
by the new rules described herein.
    The WEA system is a mechanism under which Commercial Mobile Service 
(CMS) providers may elect to transmit emergency alerts to the public. 
The Commission created WEA (previously known as the Commercial Mobile 
Service Alert System) as required by Congress in the Warning Alert and 
Response Network (WARN) Act and to satisfy the Commission's mandate to 
promote the safety of life and property through the use of wire and 
radio communication.
    On January 1, 2021, Congress passed the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (NDAA21). 
Section 9201 of the NDAA21 required the Commission to complete a 
rulemaking and adopt rules within 180 days to make certain changes to 
its WEA regulations, and also to its separate Emergency Alert System 
(EAS) regulations governing broadcast, cable television, and direct 
satellite media emergency alerts.
    With respect to the WEA rule changes, Section 9201 directed the 
Commission to ensure that the mobile devices of CMS providers that have 
elected to participate in WEA cannot opt out of receiving WEA alerts 
from the Federal Emergency Management Agency (FEMA) Administrator, and 
to enable reporting by the FEMA Administrator and State, Tribal, or 
local governments of false WEA alerts. On June 21, 2021, the Commission 
released its Report and Order in PS Dockets 15-91 and 15-94 (NDAA21 
Alerting Order), FCC 21-77, adopting the WEA and EAS changes directed 
by Congress in the NDAA21. The EAS changes are the subject of a 
different notice to be published separately.
    The NDAA21 Alerting Order implemented Congresses' new directives 
for WEA, in part, with two new regulations that impose new burdens on 
respondents: The handset display update, and false alert reporting.

Handset Display Update

    In the NDAA21 Alerting Order, the Commission combined the current 
non-optional class of WEA ``Presidential Alerts'' with FEMA 
Administrator Alerts into a new renamed alert class named ``National 
Alerts.'' Participating CMS providers that have chosen to display the 
phrase ``Presidential Alert'' on their handsets are required to either 
discontinue the handset's use of that phrase or otherwise change those 
displays to read ``National Alert'' by July 31, 2022. Network 
infrastructure that is technically incapable of meeting this 
requirement, such as legacy devices or networks that cannot be updated 
to support header display changes, are exempt from this requirement. 
The handset display changes are necessary to avoid confusion when 
wireless subscribers receive a non-optional emergency alert from the 
FEMA Administrator instead of the President.
    The handset display update regulation is codified at 47 CFR 
10.11(b).

False Alert Reporting

    Also in the NDAA21 Alerting Order, the Commission adopted a rule 
permitting the FEMA Administrator or a State, local, Tribal, or 
territorial government to voluntarily report WEA false alerts to the 
FCC Operations Center at [email protected], informing the Commission of 
the event and any relevant details. This rule creates a voluntary 
mechanism for collection of information so that the Commission can 
monitor these false alert events which can undermine public confidence 
in the reliability of emergency alerting and WEA. Email reporting was 
adopted as a minimally-burdensome way for government entities to report 
false alerts.
    The WEA false alert reporting regulation is codified at 47 CFR 
10.520(d)(2).
    OMB Control Number: 3060-0207.
    Title: Part 11--Emergency Alert System (EAS), Order, FCC 21-77.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit; Not-for-profit 
institutions; State, Local, or Tribal Government.
    Number of Respondents and Responses: 63,084 respondents; 3,588,845 
responses.
    Estimated Time per Response: 0.017 hours-112 hours.
    Frequency of Response: Annual, on occasion and one-time reporting 
requirements.
    Obligation to Respond: Mandatory and Voluntary. Statutory authority 
for this information collection is contained in 47 U.S.C. 154(i) and 
606 of the Communications Act of 1934, as amended.
    Total Annual Burden: 141,414 hours.
    Total Annual Cost: No Cost.
    Privacy Act Impact Assessment: No Impact(s).
    Nature and Extent of Confidentiality: The Commission shares 
aggregated and individual State EAS Plan data on a confidential basis 
with other federal agencies and state governmental emergency management 
agencies that have confidentiality protection at least equal to that 
provided by the Freedom of Information Act.
    Needs and Uses: Part 11 contains rules and regulations addressing 
the nation's Emergency Alert System (EAS). The EAS provides the 
President with

[[Page 12452]]

the capability to provide immediate communications and information to 
the general public during periods of national emergency over broadcast 
television and radio, cable, direct broadcast radio and other EAS 
Participants, as defined in Section 11.11(a) of the Commission's rules. 
The EAS also provides state and local governments and the National 
Weather Service with the capability to provide immediate communications 
and information to the public concerning emergency situations posing a 
threat to life and property. Part 11 includes testing requirements to 
ensure proper and efficient operation of the EAS. State and local use 
of the EAS, alert processing requirements, and monitoring assignments 
covering the distribution of EAS alerts within the state, among other 
things, are required to be described in State EAS Plans that are 
administered by State Emergency Communications Committees (SECC) and 
submitted to the FCC annually for approval.
    The Order, PS Docket Nos. 15-91 and 15-94, FCC 21-77, pursuant to 
the directions set forth in Section 9201 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021, 
Public Law 116-283, 134 Stat. 3388, Sec.  9201 (NDAA21), among other 
things, (i) requires the Public Safety and Homeland Security Bureau 
(Bureau) to establish a State EAS Plan Content Checklist composed of 
the content set forth in section 11.21 of the Commission's rules, (47 
CFR 11.21), post the checklist on the FCC's website, and incorporate it 
as an appendix in ARS user manual; (ii) amend the State EAS Plan 
requirements in section 11.21 of the Commission's rules to ensure plans 
are updated annually, require a certification by the SECC Chairperson 
or Vice-Chairperson that the SECC met (in person, via teleconference, 
or via other methods of conducting virtual meetings) at least once in 
the twelve months prior to submitting the annual updated plan, and 
require that the Bureau approve or reject State EAS Plans submitted for 
approval within 60 days of receipt; and (iii) require the Bureau to 
list the approval dates of State EAS Plans submitted on ARS on the 
Commission's website, and in the event a final decision is made to deny 
a plan, directly notify the chief executive of the State to which the 
plan applies of that determination and the reasons for such denial 
within 30 days of such decision. The Order also amends section 11.45 of 
the Part 11 rules to enable voluntary reporting to the Commission by 
the FEMA Administrator and Tribal, State, local or territorial 
governments of false EAS alerts.
    The Commission seeks OMB approval of these rule amendments as a 
modification of a previously approved information collection. Congress 
has determined that EAS rule changes are necessary to increase 
oversight over the distribution of state and local EAS alerts within 
states, and increase false alert reporting capabilities to help 
ameliorate confusion or other harmful effects that might result from 
false EAS alerts. The internal State EAS Plan processing requirements 
and rule changes adopted in the Order will improve State EAS Plan 
processing and administration, improving the capabilities and efficacy 
of EAS as a national system for distributing vital alert information to 
all Americans, and will do so in a cost-effective manner.
    The following information collections contained in Part 11 may be 
impacted by the rule amendments described herein.

State EAS Plans (47 CFR 11.21)

    The establishment of a State EAS Plan Content Checklist for SECCs 
should have no impact or lessen SECC burdens, and posting it on the 
FCC's website, and incorporating it as an appendix in the ARS user 
manual, are routine Bureau activities. The requirement to ensure State 
EAS Plans are updated annually already was contained in section 11.21, 
and thus does not represent a new burden.
    The amendment to include as a required element in the State EAS 
Plan, a certification (which will be incorporated into the ARS) by the 
SECC Chairperson or Vice-Chairperson that the SECC met (in person, via 
teleconference, or via other methods of conducting virtual meetings) at 
least once in the twelve months prior to submitting the annual updated 
plan to review and update their State EAS Plan should promote added 
diligence in SECC administration of State EAS Plans. The Commission 
estimates the burden to SECC members in complying with this requirement 
to be two hours per member.
    The rule amendment requiring the Bureau approve or reject State EAS 
Plans submitted for approval within 60 days of receipt does not impose 
new burdens on any entity. The Bureau already is charged with reviewing 
State EAS Plans. The internal requirement that the Bureau list the 
approval dates of State EAS Plans submitted on ARS on the Commission's 
website, and in the event a final decision is made to deny a plan, 
directly notify the chief executive of the State to which the plan 
applies of that determination and the reasons for such denial within 30 
days, does not impose new burdens on any entity. The Bureau already 
maintains a web page on the Commission's website dedicated to SECC and 
State EAS Plan information.

False EAS Alert Reporting (47 CFR 11.45)

    The amendment enabling the FEMA Administrator and Tribal, State, 
local or territorial governments to file reports of false EAS alerts 
provides another mechanism for the Commission to receive information 
concerning false EAS alerts, does not impose burdens on any entity. 
Should any permitted government entity voluntarily elect to file a 
false EAS alert report, the burden associated with this provision 
amounts to composing an email, which the Commission estimates will take 
an hour or less to prepare, and falls within the routine activities of 
government employees. False alert reports help the Commission to 
identify, investigate, correct and prevent false EAS activations, which 
enhances the EAS's efficacy and the public trust in the EAS.
    OMB Control Number: 3060-0856.
    Title: Universal Service--Schools and Libraries Universal Service 
Support Program Reimbursement Forms.
    Form Numbers: FCC Forms 472, 473, and 474.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for-profit institutions, not-for-
profit institutions, and state, local or tribal government.
    Number of Respondents and Responses: 16,600 respondents; 96,500 
responses.
    Estimated Time per Response: 1.5 hours.
    Frequency of Response: On occasion and annual reporting 
requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
sections 1, 4(i), 4(j), 201-205, 214, 254, 312(d), 312(f), 403 and 
503(b) of the Communications Act of 1934, as amended. 5 U.S.C. 
553(b)(3), 601-612; 15 U.S.C. 1, 632; 44 U.S.C. 3506(c)(4); 47 U.S.C. 
1, 4(i), 4(j), 201-205, 214, 254, 312(d), 312(f), 403, 503(b).
    Total Annual Burden: 144,750 hours.
    Total Annual Cost: No cost.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: If the Commission requests 
applicants or service providers to submit information that the 
respondents believe is confidential, respondents may request

[[Page 12453]]

confidential treatment of such information under section 47 CFR 0.459 
of the Commission's rules.
    Needs and Uses: The Commission will submit this information 
collection to OMB, which is an extension of a currently approved 
collection, to obtain a full three-year clearance from OMB.
    The FCC Form 472 is used by an applicant (also known as the billed 
entity) to seek reimbursement for the discounts on services paid in 
full. After receiving an invoice from the service provider, together 
with an FCC Form 472, USAC is able to verify the eligible service and 
approved amounts that should be reimbursed and can make the appropriate 
payment to the applicant. The FCC Form 472 is also used to ensure that 
each service provider has provided discounted services within the 
current funding year and that invoices submitted from service providers 
for the costs of discounted eligible services do not exceed the amount 
that has been approved.
    The FCC Form 473 is used to verify that the service provider is 
eligible to participate in the schools and libraries universal service 
support program (E-Rate program) and to confirm that the invoice forms 
submitted by the service provider are in compliance with the Federal 
Communications Commission's E-Rate program rules. The FCC Form 473 is 
also used by USAC to assure that the dollars paid out by the universal 
service fund go to eligible providers.
    The FCC Form 474 is used by an eligible service provider to seek 
payment for the discounted costs of services it provided to applicants 
(or billed entities) for eligible services. After receiving an invoice 
from the service provider, together with an FCC Form 474, USAC is able 
to verify that the eligible and approved amounts can be paid. The FCC 
Form 474 is also used to ensure that each service provider has provided 
discounted services within the current funding year for which it 
submits an invoice to USAC and that invoices submitted from service 
providers for the costs of discounted eligible services do not exceed 
the amount that has been approved.
    All of the requirements contained in this information collection 
are necessary to implement the Congressional mandate for the E-Rate 
program and reimbursement process.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2022-04649 Filed 3-3-22; 8:45 am]
BILLING CODE 6712-01-P
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