Notice of Public Information Collection(s) Being Submitted for Review and Approval to the Office of Management and Budget (OMB), Comments Requested, 44003-44004 [2011-18488]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44003-44004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18488]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review and Approval to the Office of Management and Budget (OMB), 
Comments Requested

July 15, 2011.
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 for 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 August 22, 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 
Nicholas_A._Fraser@omb.eop.gov and to the Federal Communications 
Commission via e-mail to PRA@fcc.gov. To view a copy of this 
information collection request (ICR) submitted to OMB: (1) Go to the 
Web page, (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, 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: Leslie F. Smith, Office of Managing 
Director, (202) 418-0217. For additional information or copies of the 
information collection(s), contact Leslie F. Smith via e-mail at 
PRA@fcc.gov or call 202-418-0217.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0411.
    Title: Procedures for Formal Complaints.
    Form Number: FCC Form 485.
    Type of Review: Revision of a currently approved collection.
    Respondents: 20.
    Number of Responses: 301.
    Estimated Time per Response: 4.5 hours (average).
    Frequency of Response: Recordkeeping; on occasion reporting 
requirements; and third party disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 151, 154(i), 154(j), 206, 207, 208, 209, 301, 303, 304, 309, 
316, 332, and 1302.
    Total Annual Burden: 1,349 hours.
    Total Annual Cost: $1,847, 600.
    Privacy Act Impact Assessment: As noted on OMB Form 83-I, the 
information collection requirements affect individuals or households. 
As required by the Privacy Act of 1974, as amended, 5 U.S.C. 552a, and 
OMB Memorandum m-03-22 (September 22, 2003), the FCC is complying with 
these requirements by: (1) Having published a system of records notice 
(SORN) in the Federal Register on December 14, 2010 (75 FR 77872) for a 
system of records, FCC/EB-5, ``Enforcement Bureau Activity Tracking 
System (EBATS).'' The SORN became effective on January 24, 2001; and 
(2) consolidating and updating Privacy Impact Assessment (PIA). 
Together these two documents will cover the collection, maintenance, 
use, and disposal of all personally identifiable information (PII) that 
may be submitted as part of any formal complaint(s) that are filed.
    Nature and Extent of Confidentiality: 47 CFR 1.731 provides for 
confidential treatment of materials disclosed or exchanged during the 
course of formal complaint proceedings when those materials have been 
identified by the disclosing party as proprietary or confidential. In 
the rare case in which a producing party believes that section 1.731 
will not provide adequate protection for its asserted confidential 
material, it may request either that the opposing party consent to 
greater protection, or that the staff supervising the proceeding order 
greater protection.
    Needs and Uses: 47 CFR 1.731 provides for confidential treatment of 
materials disclosed or exchanged during the course of formal complaint 
proceedings when those materials have been identified by the disclosing 
party as proprietary or confidential. In the rare case in which a 
producing party believes that section 1.731 will not provide adequate 
protection for its asserted confidential material, it may request 
either that the opposing party consent to greater protection, or that 
the staff supervising the proceeding order greater protection.
    Needs and Uses: The Commission is seeking a revision of collection 
3060-0411, which relates to the filing of formal complaints with the 
Federal Communications Commission. The revision is necessitated by the 
adoption of a new data roaming rule (47 CFR 20.12(e)) contained in the 
Second Report and Order, Reexamination of Roaming Obligations of 
Commercial Mobile Radio Service Providers and Other Providers of Mobile 
Data Services, WT Docket No. 05-265, FCC 11-52, that was adopted on 
April 7, 2011. The new data roaming rule requires commercial mobile 
data service providers to offer data roaming arrangements to other such 
providers on commercially reasonable terms and conditions, subject to 
certain limitations.
    To resolve complaints between providers regarding compliance with 
data roaming obligations, the rule adopts by reference the procedures 
already in place for resolving formal complaints against common 
carriers,

[[Page 44004]]

except that the remedy of damages, which may be requested in complaints 
against common carriers, is not available for complaints against 
commercial mobile data service providers. Specifically, a party 
alleging a violation of 47 CFR 20.12(e) may file a formal or informal 
complaint pursuant to the procedures in 47 CFR 1.716-1.718, 1.720, 
1.721, and 1.723-1.735.
    Sections 206-209 of the Communications Act of 1934, as amended (the 
``Act''), provide the statutory framework for the Commission's rules 
for resolving formal complaints against common carriers. Section 208(a) 
authorizes complaints by any person ``complaining of anything done or 
omitted to be done by any common carrier'' subject to the provisions of 
the Act. Section 208(a) states that if a carrier does not satisfy a 
complaint or there appears to be any reasonable ground for 
investigating the complaint, the Commission shall ``investigate the 
matters complained of in such manner and by such means as it shall deem 
proper.'' Certain categories of complaints are subject to a statutory 
deadline for resolution. See, e.g., 47 U.S.C. 208(b)(1) (imposing a 
five-month deadline for complaints challenging the ``lawfulness of a 
charge, classification, regulation, or practice'').
    Formal complaint proceedings before the Commission are similar to 
civil litigation in Federal district court. In fact, under section 207 
of the Act, a party claiming to be damaged by a common carrier, may 
file its complaint with the Commission or in any district court of the 
United States, ``but such person shall not have the right to pursue 
both such remedies'' (47 U.S.C. 207). The Commission has promulgated 
rules (the ``Formal Complaint Rules'') to govern its formal complaint 
proceedings that are similar in many respects to the Federal Rules of 
Civil Procedure. See 47 CFR 1.720-1.736. These rules require the 
submission of information from the parties necessary to create a record 
on which the Commission can decide complex legal and factual issues. As 
described in section 1.720 of the Commission's rules, formal complaint 
proceedings are resolved on a written record consisting of a complaint, 
answer or response, and joint statement of stipulated facts, disputed 
facts and key legal issues, along with all associated affidavits, 
exhibits and other attachments.
    This collection of information includes the process for submitting 
a formal complaint. The Commission uses this information to determine 
the sufficiency of complaints and to resolve the merits of disputes 
between the parties. Orders issued by the Commission in formal 
complaint proceedings are based upon evidence and argument produced by 
the parties in accordance with the Formal Complaint Rules. If the 
information were not collected, the Commission would not be able to 
resolve common carrier-related complaint proceedings, as required by 
section 208 of the Act, or the complaints against commercial mobile 
data service providers that will be critically important to ensure 
compliance with the data roaming rule, 47 CFR 20.12(e).
    These complaint procedures (which are supported by the current 
collection 3060-0411) already apply to voice roaming complaints, and 
the Commission finds that it is in the public interest to ensure a 
consistent Commission process for resolving both voice and data roaming 
complaints. Moreover, some roaming disputes will involve both data and 
voice and are likely to have factual issues common to both types of 
roaming. Using the same process allows, but does not require, a party 
to bring a single proceeding to address such a dispute, rather than 
having to bifurcate the matter and initiate two separate proceedings 
under two different sets of procedures. This, in turn, will be more 
efficient for the parties involved, as well as for the Commission, and 
should result in faster resolution of such disputes.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-18488 Filed 7-21-11; 8:45 am]
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