[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19960-19962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9822]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review to the Office of Management and Budget, Comments Requested

April 22, 2009.
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 (PRA) of 1995, 44 U.S.C. 3501-3520. 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 1, 2009. If you anticipate that you will be 
submitting PRA comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via fax at 202-395-5167 or the Internet at 
<a href="/cdn-cgi/l/email-protection#347a5d575c5b5855476b751a6b724655475146745b59561a515b441a535b42"><span class="__cf_email__" data-cfemail="7c32151f1413101d0f233d52233a0e1d0f190e3c13111e5219130c521b130a">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#bcf6c9d8d5c8d491fe92f4d9ced1ddd2fcdadfdf92dbd3ca"><span class="__cf_email__" data-cfemail="bbf1cedfd2cfd396f995f3dec9d6dad5fbddd8d895dcd4cd">[email protected]</span></a>, 
Federal Communications Commission, or an e-mail to <a href="/cdn-cgi/l/email-protection#d8888a9998bebbbbf6bfb7ae"><span class="__cf_email__" data-cfemail="60303221200603034e070f16">[email protected]</span></a>. To view 
a copy of this information collection request (ICR) submitted to OMB: 
(1) Go to the Web page http://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

[[Page 19961]]

Agency'' box, (5) click the ``Submit'' button to the right of the 
``Select Agency'' box, and (6) when the list of FCC ICRs currently 
under review appears, look for the title of this ICR (or its OMB 
Control Number, if there is one) and then click on the ICR Reference 
Number to view detailed information about this ICR.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Judith B. Herman at 202-418-
0214 or via the Internet at <a href="/cdn-cgi/l/email-protection#80caf5e4e9f4e8adc2aec8e5f2ede1eec0e6e3e3aee7eff6"><span class="__cf_email__" data-cfemail="f0ba8594998498ddb2deb895829d919eb0969393de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0512.
    Title: ARMIS Annual Summary Report--FCC Report 43-01.
    Report No.: FCC Report 43-01.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 45 respondents; 45 responses.
    Estimated Time per Response: 88 hours (average).
    Frequency of Response: Annual reporting requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in 47 U.S.C. sections 219 and 220 
of the Communications Act of 1934, as amended.
    Total Annual Burden: 3,960 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: Not applicable.
    Nature and Extent of Confidentiality: Ordinarily, questions of a 
sensitive nature are not involved in the ARMIS Annual Summary Report 
(FCC Report 43-01). The Commission contends that areas in which 
detailed information is required are fully subject to regulation and 
the issue of data being regarded as sensitive will arise in special 
circumstances only. In such circumstances, the respondent is instructed 
on the appropriate procedures to follow to safeguard sensitive data. 
See 47 CFR 0.459 for procedures for requesting confidential treatment 
of data.
    Needs and Uses: The Commission is requesting a revision of this 
information collection in order to obtain the full three year clearance 
from the OMB. The total annual hourly burden for this collection is now 
estimated at 3,960 hours, a decrease of 7,128 hours. The Commission 
notes that the total number of respondents has decreased from 124 to 
45. We are also reducing the hourly burden by to reflect that 80 
respondents that will not file this report attributed to the Memorandum 
Opinion and Order, FCC 08-271, on December 12, 2008 that reflects the 
Commission's forbearance that AT&T, Quest and Verizon need not file 
this ARMIS Report. Therefore, the Commission is reporting a -6,952 hour 
program change for this change in the annual hourly burden estimate.
    Secondly, the Commission is also reducing the hourly burden by a -
176 hour adjustment to reflect two study area carriers that will not 
file this report since their revenue falls below the reporting 
threshold used for classifying carrier categories for various 
accounting and reporting purposes.
    Finally, we are increasing the estimated average time per response 
by 88 hours to reflect a more accurate estimate to complete and file 
the report.
    The Commission is requesting OMB approval of a revision of this 
information collection. We are decreasing the number of study area 
carriers filing this report to reflect the Commission's recent ARMIS 
orders. In the December 12, 2008, Memorandum Opinion and Order, WC 
Docket No. 07-204, FCC 08-271, the Commission, among other things, 
granted forbearance from the obligation of Quest, AT&T and Verizon to 
file ARMIS Report 43-01. This forbearance was conditioned on a 
Commission approval of those carriers' compliance plans. The Commission 
also imposed one further condition on its forbearance from the ARMIS 
Financial Reports--that each carrier continue to file an annual public 
filing without any assertions of confidentiality, of the pole 
attachment cost data currently filed as part of ARMIS Report 43-01 in 
WC Docket No. 07-204. The Commission's forbearance required those three 
carriers to file pole attachment data for all states in the next annual 
filing after approval of their compliance plan, but subsequent filings 
with the Commission need not include data for those states that have 
certified to regulation of pole attachments. By letters to the 
Commission, these three carriers agreed voluntarily to comply with the 
pole attachment condition. On December 31, 2008, by public notice, the 
Commission found that Quest, AT&T and Verizon had satisfied the 
condition that they obtain approval of compliance plans describing in 
detail how they will continue to fulfill their statutory and regulatory 
obligations. Therefore, these three carriers are no longer required to 
file this ARMIS Report 43-01 so long as they comply with the pole 
attachment filing condition. We are also reducing the hourly burden to 
reflect two additional respondents that will not file this report since 
their revenue fell below the reporting threshold used for classifying 
carrier's categories for various accounting and reporting purposes. 
This is an adjustment reduction of 176 hours to reflect the two fewer 
respondents. We are also increasing the number of study area reporting 
carriers by one. Finally, the Commission is changing the estimated 
average time per response to 88 hours to accurately reflect the 
estimated time to complete and file this report.
    OMB Control Number: 3060-0859.
    Title: Suggested Guidelines for Petitions for Ruling Under Section 
253 of the Communications Act.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 80 respondents; 80 responses.
    Estimated Time per Response: 63-125 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Voluntary. Statutory authority for this 
information collection is contained in 47 U.S.C. section 253 of the 
Communications Act of 1934, as amended.
    Total Annual Burden: 6,280 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting respondents to submit confidential information to the 
Commission. Respondents may request confidential treatment of such 
information, in some cases, of such information under 47 CFR 0.459 of 
the Commission's rules.
    Needs and Uses: The Commission will submit this information 
collection to the OMB during this comment period in order to obtain the 
full three year clearance from them. The Commission is requesting an 
extension (no change in the reporting requirement). There is no change 
in the estimated number of respondents/responses or annual burden 
hours.
    The Commission published a Public Notice on November 1998 which 
established various procedural guidelines related to the Commission's 
processing of petitions for preemption pursuant to Section 253 of the 
Communications Act of 1934, as amended. The Commission will use the 
information to discharge its statutory mandate relating to the 
preemption of state or local statutes or other state or local legal 
requirements.
    Section 253 of the Communications Act of 1934, as amended; added by 
the Telecommunications Act of 1996, requires the Commission, with 
certain important exceptions, to preempt the enforcement of any state 
or local statute

[[Page 19962]]

or regulation, or other state or local legal requirement (to the extent 
necessary) that prohibits or has intrastate telecommunications service. 
The Commission's consideration of preemption begins with the filing of 
a petition by an aggrieved party. The petition is placed on public 
notice and comment on by others. The Commission's decision is based on 
public record, generally composed of the petition and comments. The 
Commission has considered a number of preemption items since the 
passage of the Telecommunications Act of 1996, and believes it in the 
public interest to inform the public of the information necessary to 
support its full consideration of the issues likely to be involved in 
preemption actions. In order to render a timely and informed decision, 
the Commission expects petitioners and commenters to provide it with 
relevant information sufficient to describe the legal regime involved 
in the controversy and to establish the factual basis necessary for 
decision.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-9822 Filed 4-29-09; 8:45 am]
BILLING CODE 6712-01-P


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