Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 5845 

2 47 CFR 54.417(a): Eligible telecommunications 

carriers must maintain records to document 

compliance with all Commission and state 

requirements governing the Lifeline/Link Up 

programs for the three full years preceding calendar 

years and requiring carriers to retain documentation 

for as long as the customer receives Lifeline service 

from the ETC or until audited by the Administrator 

and provide that documentation to the Commission 

or Administrator upon request * * *. 

3 47 CFR 54.516(a) Recordkeeping requirements—

(1) Schools and libraries. Schools and libraries shall 

retain all documents related to the application for, 

receipt, and delivery of discounted 

telecommunications and other supported services 

for at least 5 years after the last day of the service 

delivered in a particular Funding Year. Any other 

document that demonstrates compliance with the 

statutory or regulatory requirements for the schools 

and libraries mechanism shall be retained as well. 

Schools and libraries shall maintain asset and 

inventory records of equipment purchased as 

components of supported internal connections 

services sufficient to verify the actual location of 

such equipment for a period of five years after 

purchase. 

4 47 CFR 54.619(d) Service providers. Service 

providers shall retain documents related to the 

delivery of discounted telecommunications and 

other supported services for at least five years after 

the last day of the delivery of discounted services. 

Any documentation that demonstrates compliance 

with the statutory or regulatory requirements for the 

rural health care mechanism shall be retained as 

well. 

Low-income program. With respect to 

the two low-income universal service 

programs Lifeline and Link-Up, the FCC 

has concluded that it should maintain 

the current two-tiered document 

retention requirements. Participating 

service providers must retain a record 

verifying the eligibility of a recipient of 

the program for as long as the recipient 

continues to receive supported service 

and three years more, and to make it 

available in conjunction with any audit 

to which it may be relevant. However, 

the R&O removes the clause that waives 

the requirement to retain documentation 

of eligibility once an audit is completed. 

The FCC also clarifies that beneficiaries 

must make available all documentation 

and records that pertain to them, 

including those of contractors and 

consultants working on their behalf, to 

the Commission’s OIG, to the USF 

Administrator, and to auditors working 

on their behalf. See 47 CFR 54.417(a).2

Rural health care and schools and 

libraries programs. The FCC maintains 

the current requirement that rural health 

care providers and schools and libraries 

must retain their records, which 

evidence that the funding they receive 

was proper, for five years. In addition, 

this requirement will now also apply to 

those service providers that receive 

support for serving rural health care 

providers. Furthermore, the FCC 

clarifies that beneficiaries must make 

available all documents and records that 

pertain to them, including those of 

contractors and consultants, working on 

their behalf, to the Commission’s OIG, 

to the USF Administrator, and to their 

auditors, as required by 47 CFR 

54.516(a) 3 and 47 CFR 54.619(a).4

Contributors. The R&O also requires 

contributors to the Universal Service 

Fund to retain all documents and 

records, e.g., financial statements and 

supporting documentation, etc., that 

they may require to demonstrate to 

auditors that their contributions were 

made in compliance with the program 

rules, assuming that audits are 

conducted within five years. The FCC 

clarifies that contributors must make 

available all documents and records that 

pertain to them, including those of 

contractors and consultants working on 

their behalf, to the Commission’s OIG, 

to the USF Administrator, and to their 

auditors. Connectivity. The FCC will 

require the USF Administrator to work 

with the Commission’s Wireline 

Competition Bureau to modify the 

relevant FCC Forms or to create 

additional questions for USF program 

participants to determine more 

accurately how schools and libraries 

connect to the Internet and their precise 

levels of connectivity. 

These new and revised information 

collection requirements, which include 

document retention and recordkeeping 

requirements, etc., will affect numerous 

information collections that the FCC 

currently maintains. Once OMB 

approves these requirements, the FCC 

will begin to update these information 

collections as required by the rules 

adopted in this R&O. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–1782 Filed 1–30–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review to the Office of Management 

and Budget 

January 25, 2008. 

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 March 3, 2008. 

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, (202) 395–

5887, or via fax at 202–395–5167 or via 

Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith-B. Herman@fcc.gov, Federal 

Communications Commission, or an email to PRA@fcc.gov. 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 downwardpointing 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, 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 Judith-B.Herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0057. 

Title: Application for Equipment 

Authorization. 


rwilkins on PROD1PC63 with NOTICES
5846 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 

1 The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See 

Commission Rule 4.9(c), 16 CFR 4.9(c). 

Form No.: FCC Form 731. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 600 

respondents; 10,000 responses. 

Estimated Time per Response: 25 

hours. 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Total Annual Burden: 250,000 hours. 

Total Annual Cost: $11,017,500. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

Minimal exemption from the Freedom 

of Information Act (FOIA) under 5 

U.S.C. 552(b)(4) and FCC rules under 47 

CFR 0.457(d) is granted for trade secrets 

which may be submitted as attachments 

to the application FCC Form 731. No 

other assurances of confidentiality are 

provided to respondents. 

Needs and Uses: The Commission 

will submit this information collection 

to the OMB as a revision during this 

comment period to obtain the full threeyear clearance from them. There is an 

increase in the number of responses, 

burden hours and annual costs due 

recalculations of the burden estimates. 

On April 23, 2007, the FCC adopted 

and released a Second Report and 

Order, FCC 07–56, ET Docket No. 03–

201 that modified Parts 2 and 15 of the 

Commission’s rules for equipment 

approval and unlicensed devices. The 

amended rules provide for more 

efficient equipment authorization of 

both existing modular transmitter 

devices and emerging partitioned (or 

‘‘split’’) modular transmitter devices. 

These rule changes will benefit 

manufacturers by allowing greater 

flexibility in certifying equipment and 

providing relief from the need to obtain 

a new equipment authorization each 

time the same transmitter is installed in 

a different final product. The rule 

changes will also enable manufacturers 

to develop more flexible and more 

advanced unlicensed transmitter 

technologies. 

To effectively implement the 

provisions of the new rules, various 

modifications to the existing FCC Form 

731 are required. The changes are 

intended to simplify the filing process, 

however, there is no anticipated change 

in the per application burden for FCC 

Form 731 submittal. The following 

specific changes are proposed on the 

FCC Form 731 to accommodate 

modifications (revisions) and simplify 

filing processes: 

(1) Modular Type field addition—a 

new required field will be added to 

Section 1 of the form entitled ‘‘Modular 

Type’’. 

(2) Equipment Authorization 

Waiver—a new field set requesting 

information on equipment authorization 

waivers will be added. The first 

question ‘‘Is there an equipment 

authorization waiver associated with 

this application?’’ will have a default 

value set to ‘‘No’’. If the user answers 

‘‘Yes’’, a second question ‘‘* * * has 

the associated waiver been approved 

and all information uploaded?’’ requires 

a positive response. 

(3) FCC ID Related Fields—additional 

instances of the ‘‘Related FCC ID’’ field 

will be added, to allow the user to 

inform the FCC of more than one 

application associated with the current 

application. 

(4) Short-Term Confidentiality 

Modifications—Short Term 

Confidentiality questions will be 

modified to allow the applicant to 

request Short-Term Confidentiality on 

the FCC Form 731, and to request a 

Short-Term confidentiality date no 

greater than 180 days from the date of 

Grant. 

(5) Knowledge Data Base (KDB) 

Associated Question—a new field group 

will be added to the form that captures 

KDB inquiry information related to the 

FCC Form 731 application filing. The 

applicant will be asked ‘‘Is there a KDB 

inquiry associated with this 

application?’’ The default response is 

‘‘No’’, and if the applicant responds 

‘‘Yes’’, the user will be required to enter 

a valid KDB inquiry tracking number. 

In addition to the changes to the FCC 

Form 731 which are necessary to 

implement the requirements of the new 

rules, an increase in the burden hours 

is requested in anticipation of a 

continuing increase of the greater than 

10% annually in the number of 

applications requiring equipment 

authorization. This 10% increase is 

reflected in application submittals 

directly to the FCC, and to 

Telecommunications Certification 

Bodies (TCBs) that act on behalf of the 

FCC to review application submittals 

and issue equipment authorization 

grants. 

The Commission will use the 

information gathered on the FCC Form 

731 to determine compliance of the 

proposed equipment with the 

Commission’s rules. Following 

authorization of the equipment for 

marketing by either the FCC or the TCB 

on behalf of the FCC, the information 

may also be used to determine: 

(a) Whether the operation of the 

equipment is consistent with the 

information supplied at the time of 

authorization, and 

(b) whether the equipment marketed 

complies with the terms of the 

equipment authorization. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–1791 Filed 1–30–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL TRADE COMMISSION 

[File No. 051 0094] 

Negotiated Data Solutions LLC; 

Analysis of Proposed Consent Order 

to Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before February 22, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Negotiated 

Data Solutions, File No. 051 0094,’’ to 

facilitate the organization of comments. 

A comment filed in paper form should 

include this reference both in the text 

and on the envelope, and should be 

mailed or delivered to the following 

address: Federal Trade Commission/ 

Office of the Secretary, Room 135-H 

(Annex D), Pennsylvania Avenue, NW, 

Washington, D.C. 20580. Comments 

containing confidential material must be 

filed in paper form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with Commission Rule 4.9(c). 

16 CFR 4.9(c) (2005).1 The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 


rwilkins on PROD1PC63 with NOTICES