[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73306-73307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28895]


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FEDERAL COMMUNICATIONS COMMISSION

[3060-0430]


Information Collection Being Submitted for Review and Approval to 
the 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, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or Commission) 
invites the general public and other Federal agencies to take this 
opportunity to comment on the following information collections. 
Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
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 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 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 should be submitted on or before January 9, 
2015. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email <a href="/cdn-cgi/l/email-protection#47092e242f282b26341806691801352634223507282a256922283769202831"><span class="__cf_email__" data-cfemail="e8a6818b808784899bb7a9c6b7ae9a899b8d9aa887858ac68d8798c68f879e">[email protected]</span></a>; and to Nicole Ongele, FCC, via 
email <a href="/cdn-cgi/l/email-protection#2a7a786b6a4c4949044d455c"><span class="__cf_email__" data-cfemail="35656774755356561b525a43">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#4d03242e2221286302232a2821280d2b2e2e632a223b"><span class="__cf_email__" data-cfemail="a7e9cec4c8cbc289e8c9c0c2cbc2e7c1c4c489c0c8d1">[email protected]</span></a>. Include in the comments 
the OMB control number as shown in the SUPPLEMENTARY INFORMATION 
section 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 OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0430.
    Title: Section 1.1206, Permit-but-Disclose Proceedings.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Federal Government; and State, 
local, or tribal governments.
    Number of Respondent and Responses: 11,500 respondents; 34,500 
responses.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain benefits. Statutory 
authority for this collection of information is contained in sections 
4(i) and (j), 303(r), and 409 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i) and (j), 303(r), and 409.
    Estimated Time per Response: 45 minutes (0.75 hours).
    Total Annual Burden: 25,875 hours.
    Total Annual Costs: No cost.
    Nature and Extent of Confidentiality: Consistent with the 
Commission's rules on confidential treatment of submissions, under 47 
CFR 0.459, a presenter may request confidential treatment of ex parte 
presentations. In addition, the Commission will permit parties to 
remove metadata containing confidential or privileged information, and 
the Commission will also not require parties to file electronically ex 
parte notices that contain confidential information. The Commission 
will, however, require a redacted version to be filed electronically at 
the same time the paper filing is submitted, and that the redacted 
version must be machine-readable whenever technically possible.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Commission's rules, under 47 CFR 1.1206, 
require that a public record be made of ex parte presentations (i.e., 
written presentations not served on all parties to the proceeding or 
oral presentations as to which all parties have not been given notice 
and an opportunity to be present) to decision-making personnel in 
``permit-but-disclose'' proceedings, such as notice-and-comment 
rulemakings and declaratory ruling proceedings.
    On February 2, 2011, the FCC released a Report and Order and 
Further Notice of Proposed Rulemaking, GC Docket Number 10-43, FCC 11-
11, which amended and reformed the Commission's rules on ex parte 
presentations (47 CFR 1.1206(b)(2)) made in the course of Commission 
rulemakings and other permit-but-disclose proceedings. The 
modifications to the existing rules adopted in this Report and Order 
require that parties file more descriptive summaries of their ex parte 
contacts, by ensuring that other parties and the public have an 
adequate opportunity to review and respond to information submitted ex 
parte, and by improving the FCC's oversight and enforcement of the ex 
parte rules. The modified ex parte rules which contain information 
collection requirements which OMB approved on December 6, 2011, are as 
follows: (1) Ex parte notices will be required for all oral ex parte 
presentations in permit-but-disclose proceedings, not just for those 
presentations that involve new information or arguments not already in 
the record; (2) If an oral ex parte presentation is limited to material 
already in the written record, the notice must contain either a 
succinct summary of the matters discussed or a citation to the page or 
paragraph number in the party's written submission(s) where the matters 
discussed can be found; (3) Notices for all ex parte presentations must 
include the name of the person(s) who made the ex parte presentation as 
well as a list of all persons attending or otherwise participating in 
the meeting at

[[Page 73307]]

which the presentation was made; (4) Notices of ex parte presentations 
made outside the Sunshine period must be filed within two business days 
of the presentation; (5) The Sunshine period will begin on the day 
(including business days, weekends, and holidays) after issuance of the 
Sunshine notice, rather than when the Sunshine Agenda is issued (as the 
current rules provide); (6) If an ex parte presentation is made on the 
day the Sunshine notice is released, an ex parte notice must be 
submitted by the next business day, and any reply would be due by the 
following business day. If a permissible ex parte presentation is made 
during the Sunshine period (under an exception to the Sunshine period 
prohibition), the ex parte notice is due by the end of the same day on 
which the presentation was made, and any reply would need to be filed 
by the next business day. Any reply must be in writing and limited to 
the issues raised in the ex parte notice to which the reply is 
directed; (7) Commissioners and agency staff may continue to request ex 
parte presentations during the Sunshine period, but these presentations 
should be limited to the specific information required by the 
Commission; (8) Ex parte notices must be submitted electronically in 
machine-readable format. PDF images created by scanning a paper 
document may not be submitted, except in cases in which a word-
processing version of the document is not available.
    Confidential information may continue to be submitted by paper 
filing, but a redacted version must be filed electronically at the same 
time the paper filing is submitted. An exception to the electronic 
filing requirement will be made in cases in which the filing party 
claims hardship. The basis for the hardship claim must be substantiated 
in the ex parte filing; (9) To facilitate stricter enforcement of the 
ex parte rules, the Enforcement Bureau is authorized to levy 
forfeitures for ex parte rule violations; (10) Copies of electronically 
filed ex parte notices must also be sent electronically to all staff 
and Commissioners present at the ex parte meeting so as to enable them 
to review the notices for accuracy and completeness. Filers may be 
asked to submit corrections or further information as necessary for 
compliance with the rules; and (11) Parties making permissible ex parte 
presentations in restricted proceedings must conform and clarify rule 
changes when filing an ex parte notice with the Commission
    The information is used by parties to permit-but-disclose 
proceedings, including interested members of the public, to respond to 
the arguments made and data offered in the presentations. The responses 
may then be used by the Commission in its decision-making.
    The availability of the ex parte materials ensures that the 
Commission's decisional processes are fair, impartial, and comport with 
the concept of due process in that all interested parties can know of 
and respond to the arguments made to the decision-making officials.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of the Managing Director.
[FR Doc. 2014-28895 Filed 12-9-14; 8:45 am]
BILLING CODE 6712-01-P


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