36220 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 

Frequency of Response: On occasion, 

annual and quarterly reporting 

requirements, and third party disclosure 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections 151, 

154(i) and (j), 221(c) and 410(c). 

Total Annual Burden: 71,283 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Needs and Uses: The Commission 

will submit this information collection 

to the Office of Management and Budget 

(OMB) after this 60 day comment period 

in order to obtain the full three year 

clearance from them. The Commission 

is requesting an extension (no change in 

the reporting and third party 

requirements) of this information 

collection. There is a change in the 

estimated respondents/responses and 

the annual burden hours. The 

Commission is reporting a 1,774 

adjusted increase in the number of 

responses and a 12,865 hour increase in 

the total annual burden. 

In order to determine which carriers 

are entitled to universal service support, 

all (both rural and non-rural) incumbent 

local exchange carriers (LECs) must 

provide the National Exchange Carrier 

Association (NECA) with the loop cost 

and loop count data required by 47 CFR 

63.611 of the Commission’s rules for 

each of its study areas and, if applicable, 

for each wire center (that term is 

defined in 47 CFR part 54). 

Loops are the telephone lines running 

from the carriers’ switching facilities to 

the customer. The loop cost and loop 

count information is to be filed annually 

with NECA by July 31st of each year, 

and may be updated quarterly pursuant 

to 47 CFR 63.612. Pursuant to section 

36.613, the information filed on July 

31st of each year will be used to 

calculate universal service support for 

each study area and is filed by NECA 

with the Commission on October 1 of 

each year. An incumbent LEC is defined 

as a carrier that meets the definition of 

‘‘incumbent local exchange carrier’’ in 

47 CFR 51.5 of the Commission’s rules. 

Section 63.612(a) also requires nonrural carriers to file loop counts (no loop 

cost data) on a quarterly basis. The 

Commission requires that non-rural 

carriers submit quarterly loop counts in 

order to ensure that universal service 

fund (USF) support for non-rural 

carriers is accurately calculated when 

competitive eligible 

telecommunications (ETCs) are present 

in the incumbent LECs’ operating areas. 

Quarterly loop cost and loop count data 

filing are voluntary for rural carriers. 

When a competitive ETC, however, is 

operating in an incumbent rural carrier’s 

territory, the incumbent rural carrier is 

required to submit quarterly loop count 

data. Quarterly filings of loop counts are 

necessary because if an incumbent rural 

carrier does not update its loop count 

data more often than annually, but its 

competitor does, the competitor’s more 

recent data may include loops captured 

from the incumbent since the 

incumbent’s last filing. Thus, the 

incumbent would continue to receive 

support based on an overstated number 

of loops. Section 54.307 allows 

competitive ETCs to receive USF 

support at the same per line support 

amount that the incumbent LEC receives 

in the same operating territory. In order 

to receive such support, the competitive 

ETC must file loop count data with the 

USAC on a quarterly basis. 

The reporting requirements are 

necessary to implement the 

congressional mandate for universal 

service. The requirements are necessary 

to verify that rural and non-rural LECs 

are eligible to receive universal service 

support. Information filed with NECA 

pursuant to section 36.611 is used to 

calculate universal service support 

payments to eligible carriers. Without 

this information, NECA and USAC 

(Universal Service Administration 

Company) would not be able to 

calculate such payments to eligible 

carriers. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–17406 Filed 7–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission 

for Extension Under Delegated 

Authority, Comments Requested 

July 14, 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 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: Persons wishing to comment on 

this information collection should 

submit comments September 21, 2009. 

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 contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 

at 202–395–5167, or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

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

Communications Commission (FCC). To 

submit your comments by e-mail send 

them 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 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, 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, send an e-mail 

to Judith B. Herman at 202–418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0943. 

Title: Section 54.809, Carrier 

Certification. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 604 

respondents; 604 responses. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 36221 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

subsequent two count conviction on wire fraud, 

collusion, and aiding and abetting. See United 

Continued 

Estimated Time Per Response: 1.5 

hours. 

Frequency of Response: Annual 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 254 of the 

Telecommunications Act of 1996. 

Total Annual Burden: 906 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 or to the 

Universal Service Administrative 

Company (USAC). If the Commission 

requests respondents to submit 

information to the Commission or to 

USAC that the respondents believe is 

confidential, the respondents may 

request confidential treatment of such 

information pursuant to 47 CFR section 

0.459 of the Commission’s rules. 

Needs and Uses: The Commission 

will submit this information collection 

to the Office of Management and Budget 

(OMB) after this 60 day comment period 

in order to obtain the full three year 

clearance from them. The Commission 

is requesting an extension (no change in 

the reporting and/or third party 

disclosure requirements) of this 

information collection. There is a slight 

adjustment in the Commission’s burden 

estimates. The Commission is reporting 

an increase in the number of 

respondents/responses since the 2006 

submission to the OMB. Therefore, the 

total annual burden hours have 

increased by 48 hours. 

Section 254(e) of the 

Telecommunications Act of 1996 

provides that a carrier receiving 

universal service support must use that 

support ‘‘only for the provision, 

maintenance, and upgrading of facilities 

and service for which the support is 

intended.’’ Accordingly, Section 54.809 

requires each price cap carrier or 

competitive ETC that wishes to receive 

interstate access universal service 

support to file an annual certification 

with Universal Service Administrative 

Company (USAC) and the Commission. 

The certification must state that the 

carrier will use its interstate access 

universal service support only for the 

provision, maintenance and upgrading 

of facilities and service for which the 

support is intended. 

The Commission and USAC use the 

certifications to ensure that carriers 

comply with section 254(e) of the 

Telecommunications Act by using the 

interstate access universal service 

support on for which the support is 

intended. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–17405 Filed 7–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1529] 

Notice of Suspension and Initiation of 

Debarment Proceedings; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) gives notice of Mr. Steven 

Newton’s suspension from the schools 

and libraries universal service support 

mechanism (or ‘‘E-Rate Program’’). 

Additionally, the Bureau gives notice 

that debarment proceedings are 

commencing against him. Mr. Newton, 

or any person who has an existing 

contract with or intends to contract with 

him to provide or receive services in 

matters arising out of activities 

associated with or related to the schools 

and libraries support, may respond by 

filing an opposition request, supported 

by documentation to Rebekah Bina, 

Federal Communications Commission, 

Enforcement Bureau, Investigations and 

Hearings Division, Room 4–C330, 445 

12th Street, SW., Washington, DC 

20554. 

DATES: Opposition requests must be 

received by August 21, 2009. However, 

an opposition request by the party to be 

suspended must be received 30 days 

from the receipt of the suspension letter 

or August 21, 2009, whichever comes 

first. The Bureau will decide any 

opposition request for reversal or 

modification of suspension or 

debarment within 90 days of its receipt 

of such requests. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. 

Michele Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1477 and by e-mail at 

Michele.Berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau has suspension and debarment 

authority pursuant to 47 CFR 54.8. 

Suspension will help to ensure that the 

party to be suspended cannot continue 

to benefit from the schools and libraries 

mechanism pending resolution of the 

debarment process. Attached is the 

suspension letter, DA 09–1529, which 

was mailed to Mr. Newton and released 

on July 14, 2009. The complete text of 

the notice of suspension is available for 

public inspection and copying during 

regular business hours at the FCC 

Reference Information Center, Portal II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554. In addition, the 

complete text is available on the FCC’s 

Web site at http://www.fcc.gov. The text 

may also be purchased from the 

Commission’s duplicating inspection 

and copying during regular business 

hours at the contractor, Best Copy and 

Printing, Inc., Portal II, 445 12th Street, 

SW., Room CY–B420, Washington, DC 

20554, telephone (202) 488–5300 or 

(800) 378–3160, facsimile (202) 488– 

5563, or via e-mail http:// 

www.bcpiweb.com. 

The attached is the Suspension and 

Initiation of Debarment Letter to Mr. 

Steven Newton. 

Federal Communications Commission. 

Hillary DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

July 14, 2009 

DA 09–1529 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (415–522–1506) 

AND EMAIL (gsl@defendergroup.com) 

Mr. Steven Newton, c/o Law Office of 

Garrick S. Lew, Attn: Garrick 

Sherman Lew, 600 Townsend 

Street, Suite 329E, San Francisco, 

California 94102 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. 

EB–08–IH–1928 

Dear Mr. Newton: The Federal 

Communications Commission (‘‘FCC’’ 

or ‘‘Commission’’) has received notice of 

your conviction of Wire Fraud, Aiding 

and Abetting, and Collusion, in 

violation of 18 U.S.C. 2 and 1343, and 

15 U.S.C. 1, in connection with your 

participation in the schools and libraries 

universal service support mechanism 

(‘‘E-Rate program’’).1 Consequently, 


jlentini on DSKJ8SOYB1PROD with NOTICES