[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37225-37227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17919]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority, Comments Requested

July 21, 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 28, 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 <a href="/cdn-cgi/l/email-protection#1a5473797275767b69455b34455c687b697f685a757778347f756a347d756c"><span class="__cf_email__" data-cfemail="a9e7c0cac1c6c5c8daf6e887f6efdbc8daccdbe9c6c4cb87ccc6d987cec6df">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#d79da2b3bea3bffa95f99fb2a5bab6b997b1b4b4f9b0b8a1"><span class="__cf_email__" data-cfemail="95dfe0f1fce1fdb8d7bbddf0e7f8f4fbd5f3f6f6bbf2fae3">[email protected]</span></a>, Federal Communications Commission (FCC). To submit 
your comments by e-mail send them to: <a href="/cdn-cgi/l/email-protection#feaeacbfbe989d9dd0999188"><span class="__cf_email__" data-cfemail="d282809392b4b1b1fcb5bda4">[email protected]</span></a>.
    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: 3060-0723.
    Title: 47 U.S.C. Section 276, Public Disclosure of Network 
Information by Bell Operating Companies (BOCs).
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 3 respondents; 3 responses.
    Estimated Time per Response: 120 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 47 U.S.C. 276 of the 
Telecommunications Act of 1996.
    Total Annual Burden: 360 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: 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. The Commission is reporting no change in their 
burden estimates.
    Under 47 U.S.C. section 276(b)(1)(C), the Bell Operating Companies 
(BOCs) are required to publicly disclose changes in their networks or 
new network services.
    The Computer III network information disclosure requirements 
specifically state that the disclosure would occur at two different 
points in time. First, disclosure would occur at eh make/buy point: 
when a BOC decides to make for itself, or procure from an unaffiliated 
entity, any product whose design affects or relies on the network 
interface. Second, a BOC would publicly disclose technical information 
about a new service 12 months before it is introduced. If the BOC could 
introduce the service within 12 months of the make/buy point, it would 
make a public disclosure at the make/buy point. In no event, however, 
would the public disclosure occur less than six months before the 
introduction of the service.
    Without provision of this information, the industry would be unable 
to ascertain whether the BOCs designing new network services or 
changing network technical specifications are to the advantage of their 
own payphones, or might disadvantage BOC payphone competitors. The of 
the requirements are used to ensue that BOCs comply with their 
obligations under the Telecommunications Act of 1996.
    OMB Control Number: 3060-0711.
    Title: Sections 1.5000 through 1.5007, Implementation of Section 
34(a)(1) of the Public Utility Holding Company Act of 1935, as amended 
by the Telecommunications Act of 1996.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 1 respondent; 1 response.
    Estimated Time per Response: 10 hours.
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is required by 
section 34(a)(1) of the Public Utility Holding Company Act of 1935 
(PUHCA 1935), as amended by section 103 of the Telecommunications Act 
of 1996, Public Law No. 104-104, 110 Stat. 56 (1996) and authorized by 
sections 4(i), 4(j) and 303(r) of the

[[Page 37226]]

Communications Act of 1934, as amended.
    Total Annual Burden: 10 hours.
    Total Annual Cost: $3,200.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting that respondents submit confidential information.
    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. The Commission is reporting a change in the 
burden estimates. The Commission has reduced the number of respondents/
responses by 14; reduced the total burden hours by 140 hours; and the 
annual costs decreased by $44,800. This adjusted change in the 
estimated burden is due to fewer applicants requesting entry into the 
telecommunications industry.
    Sections 1.5000 through 1.5007 implement Section 34(a) of the 
Public Utility Holding Company Act of 1935 (PUHCA 1935). The rules 
provide filing requirements and procedures to expedite public utility 
holding company entry into the telecommunications industry. To achieve 
this goal, the regulations require persons seeking a determination of 
ETC status to file in good faith for a determination by the Commission. 
Applicants are required to file with the Commission a brief description 
of their planned activities, and a sworn statement attesting to any 
facts presented otherwise offered to demonstrate eligibility for ETC 
status. Applicants are required to submit a sworn statement certifying 
that they comply with Part 1, Subpart P, of the Commission's 
regulations, 47 CFR 1.2001 et seq., regarding implementation of the 
Anti-Drug Abuse Act of 1988, 21 U.S.C. 862. Finally, applicants would 
also be required to serve copies of their application with the 
Securities and Exchange Commission (SEC) and affected state 
commissions. The applicant must notify the Commission of material 
change in facts within 30 days of the change in fact. See 47 CFR 
1.5006. Persons wishing to be heard concerning an application for ETC 
status may file with the Commission within 15 days from the release 
date of a public notice regarding the application. Any person who files 
comments with the Commission must also serve copies of all comments on 
the applicant. See 47 CFR 1.5007.
    On August 8, 2005, President Bush signed the Energy Policy Act of 
2005 (EPAct 2005) into law, repealing the PUHCA 1935 and enacting the 
Public Utility Holding Company Act of 2005 (PUHCA 2005) in its place. 
See Energy Policy Act of 2005, Public Law No. 109-58, 119 Stat. 594 
(2005). Congress further directed the Federal Energy Regulatory 
Commission (FERC) to issue final regulations and submit further 
recommendations to Congress four months after the date of enactment. 
The EPAct 2005 makes no mention of exempt telecommunications companies, 
nor any relevant mention of telecommunications as they relate to exempt 
telecommunications company status, and the PUHCA 2005, which replaces 
PUHCA 1935, does not address exempt telecommunications companies at 
all. Consequently, the Wireline Competition Bureau Staff Report 
prepared pursuant to the FCC's biennial regulatory review process, 
staff recommended that sections 1.5001 through 1.5007 of the 
Commission's rules be eliminated. This recommendation has not yet been 
effectuated, so the rules are still currently in place. Until the 
Commission does eliminate these rules, the Commission is requesting 
continued OMB approval of the information collection requirements 
contained in 47 CFR 1.5000 through 1.5007.
    The information would be used by the Commission to determine 
whether persons satisfy the criteria for ``exempt telecommunications 
company'' status. Without such information, the Commission could not 
determine whether persons satisfy the criteria under section 34(a)(1) 
of the PUHCA, as amended.
    OMB Control Number: 3060-0745.
    Title: Implementation of the Local Exchange Carrier Tariff 
Streamlining Provisions of the Telecommunications Act of 1996, CC 
Docket No. 96-187.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 50 respondents; 1,536 responses.
    Estimated Time per Response: .25-5 hours.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping 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. Sections 151, 154(i) and 204(a)(3) of the Communications Act of 
1934, as amended.
    Total Annual Burden: 4,054 hours.
    Total Annual Cost: $786,250.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting respondents to submit confidential information with tariffs 
eligible for streamlined regulation. If the Commission requests 
respondents to submit information 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. In the case where such requests are made in the course of a 
tariff filing that is eligible for streamlined treatment, the 
Commission will routinely impose a standard protective order. A 
standard protective order to be used in the streamlined tariff 
proceedings is attached to the Report and Order.
    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, recordkeeping and/or third party disclosure requirements) of 
this information collection. The Commission is now reporting a 26 hour 
increase in the total annual burden; an $11,250 increase in annual 
costs; and a 2,492 reduction in the number of responses.
    In CC Docket No. 96-187, the Commission adopted measures to 
streamline tariff filing requirements for local exchange carriers 
(LECs) pursuant to the Telecommunications Act of 1996. In order to 
achieve a streamlined and deregulatory environment for LEC tariff 
filings, local exchange carriers are required to file tariffs 
electronically.
    There are eight information collection requirements that contain 
reporting, third party disclosure and recordkeeping requirements. They 
are described in the Supporting Statement that will accompany the 
submission to OMB. They are: (1) Electronic filing requirement; (2) 
requirement that carriers desiring tariffs proposing rate decreases to 
be effective seven days file separate transmittals; (3) requirement 
that carriers identify transmittals filed pursuant to the streamlined 
provisions of the 1996 Act; (4) The requirements are described in the 
Supporting Statement that will accompany the submission to OMB. They 
are: (1) Electronic filing requirement for LECs to file tariffs seven 
and fifteen days notice; (2) requirement that carriers desiring tariffs 
proposing rate decreases to be

[[Page 37227]]

effective seven days file separate transmittals; (3) requirement that 
carriers identify transmittals filed pursuant to the streamlined 
provisions of the 1996 Act; (4) requirement that price cap LECs file 
their Tariff Review Plans prior to filing their annual access tariffs; 
(5) filing petitions and replies electronically (reporting 
requirement); (6) filing petitions and replies electronically (third 
party disclosure requirement); (7) recordkeeping requirement (standard 
protective order); and (8) reporting requirement (standard protective 
order).
    The information collected via electronic filing will facilitate 
access to tariff and associated documents by the public, especially by 
interested persons or parties who do not have ready access to the 
Commission's public reference center, and state and federal regulators. 
Electronic access to carrier tariffs should also facilitate the 
compilation of aggregate data for industry analysis purposes without 
imposing new reporting requirements on carriers. Carriers desiring 
tariffs proposing rate decreases to be effective in seven days must 
file a separate transmittal. This requirement will ensure that a tariff 
filing proposing a rate decrease is given the shortest notice period 
possible under the 1996 Act. The Commission also adopted the 
requirement that carriers identify transmittals filed pursuant to the 
streamlining provisions of the 1996 Act. All of the requirements help 
to ensure that local exchange carriers comply with their obligations 
under the Communications Act and that the Commission is able to ensure 
compliance within the streamlined timeframes established in the 1996 
Act.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-17919 Filed 7-27-09; 8:45 am]
BILLING CODE 6712-01-P


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