[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67363-67364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27581]


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FEDERAL COMMUNICATIONS COMMISSION


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

October 22, 2010.
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. 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; (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, and (e) 
ways to further reduce the information collection burden on small 
business concerns with fewer than 25 employees.
    The FCC 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 currently valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before January 3, 2011. 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 via the Internet at 
<a href="/cdn-cgi/l/email-protection#aee0c7cdc6c1c2cfddf1ef80f1e8dccfddcbdceec1c3cc80cbc1de80c9c1d8"><span class="__cf_email__" data-cfemail="cc82a5afa4a3a0adbf938de2938abeadbfa9be8ca3a1aee2a9a3bce2aba3ba">[email protected]</span></a> and to the Federal Communications 
Commission via e-mail to <a href="/cdn-cgi/l/email-protection#a3f3f1e2e3c5c0c08dc4ccd5"><span class="__cf_email__" data-cfemail="4d1d1f0c0d2b2e2e632a223b">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Judith B. Herman, OMD, 202-418-0214 or e-mail <a href="/cdn-cgi/l/email-protection#fab08f9e938e92d798d4929f88979b94ba9c9999d49d958c"><span class="__cf_email__" data-cfemail="1b516e7f726f73367935737e69767a755b7d7878357c746d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0809.
    Title: Communications Assistance for Law Enforcement Act (CALEA).
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 200 respondents; 285 
responses.
    Estimated Time per Response: 12 hours average (range of 7.5 hours-
80 hours).
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation To Respond: Mandatory. Statutory authority for this 
information collection is contained in sections 105, 107(c), 109(b) and 
301 of the Communications Assistance for Law Enforcement Act (CALEA), 
47 U.S.C. sections 1004, 1006(c), 1008(c), and 229.
    Total Annual Burden: 3,475 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: Pursuant to section 0.457(g) 
of the Commission's rules, the information in the CALEA security system 
filings and petitions will not be made routinely available for public 
inspection.
    Section 107(c) and section 109(c) filings are entitled to 
confidential treatment under the Freedom of Information Act (FOIA). The 
Commission has directed respondents to file their petitions under a 
general claim of confidentiality or proprietary protection, subject 
only to scrutiny by the Commission and the Attorney General who is 
consulted in section 107(c) adjudications and is a party to all section 
109(c) adjudications.
    Needs and Uses: The Commission will submit this revised collection 
to the Office of Management and Budget (OMB) after this comment period 
to

[[Page 67364]]

obtain the full three-year approval from them. The Commission is 
revising this information collection to eliminate the recordkeeping 
burden estimated associated in 47 CFR 1.20004. This estimate has been 
eliminated by 1,655 hours because the nature and extent of the 
requirement is usual and customary. Telecommunications carriers must 
keep such records to demonstrate that they are in compliance with 
Federal and State wiretapping laws and regulations that have existed 
for the past 40 years.
    The Communications Assistance for Law Enforcement Act (CALEA) 
requires the Commission to create rules that regulate the conduct and 
recordkeeping of lawful electronic surveillance. CALEA was enacted in 
October 1994 to respond to rapid advances in telecommunications 
technology and eliminates obstacles faced by law enforcement personnel 
in conducting electronic surveillance. Section 105 of CALEA requires 
telecommunications carriers to protect against the unlawful 
interception of communications passing through their systems. Law 
enforcement officials use the information maintained by 
telecommunications carriers to determine the accountability and 
accuracy of telecommunications carriers' compliance with lawful 
electronic surveillance orders.
    On May 12, 2006, the Commission adopted and released a Second 
Report and Order and Memorandum Opinion and Order in ET Docket No. 04-
195, FCC 06-56, which became effective August 4, 2006, except for 
sections 1.20004 and 1.20005 of the Commission's rules, which became 
effective on February 12, 2007. The Second Report and Order established 
new guidelines for filing section 107(c) petitions, section 109(b) 
petitions, and monitoring reports (formerly FCC Form 445). CALEA 
section 107(c)(1) permits a petitioner to apply for an extension of 
time, up to two years from the date that the petition is filed, and to 
come into compliance with a particular CALEA section 103 capability 
requirement. CALEA section 109(b) permits a telecommunications carrier 
covered by CALEA to file a petition with the FCC and an application 
with the Department of Justice (DoJ) to request that DoJ pay the costs 
of the carrier's CALEA compliance (cost-shifting relief) with respect 
to any equipment, facility or service installed or deployed after 
January 1, 1995. The Second Report and Order required several different 
collections of information:
    (1) Within 90 days of the effective date of the Second Report and 
Order, facilities based broadband Internet access and interconnected 
Voice over Internet Protocol (VoIP) providers newly identified in the 
First Report and Order in this proceeding were required to file system 
security statements under the Commission's rules. (Security systems are 
currently approved under this information collection.)
    (2) All telecommunications carriers, including broadband Internet 
access and interconnected VoIP providers, must file updates to their 
systems security statements on file with the Commission as their 
information changes.
    (3) Petitions filed under Section 107(c), requires for additional 
time to comply with CALEA; these provisions apply to all carriers 
subject to CALEA and are voluntary filings.
    (4) Section 109(b), request for reimbursement of CALEA; these 
provisions apply to all carriers subject to CALEA and are voluntary 
filings.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-27581 Filed 11-1-10; 8:45 am]
BILLING CODE 6712-01-P


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