Information Collection Being Submitted for Review and Approval to the Office of Management and Budget, 44004-44005 [2011-18489]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 44004 Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices 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 VerDate Mar<15>2010 17:59 Jul 21, 2011 Jkt 223001 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] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Information Collection Being Submitted for Review and Approval to the Office of Management and Budget Federal Communications Commission. ACTION: Notice and Request for comments. AGENCY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collections. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the SUMMARY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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 OMB 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 OMB control number. 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 the Internet at Nicholas_A._Fraser@omb.eop.gov; and to the Federal Communications Commission’s PRA mailbox (e-mail address: PRA@fcc.gov). Include in the email the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below, or if there is no OMB control number, include the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by e-mail, contact the person listed below to make alternate arrangements. DATES: For additional information, contact Judith B. Herman at 202–418–0214 or via the Internet at Judith-b.herman@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0410. Title: Forecast of Investment Usage Report, FCC Form 495A, and Actual Usage of Investment Report, FCC Form 495B. Form No.: FCC Reports 495A and 495B. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\22JYN1.SGM 22JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices Number of Respondents: 70 respondents; 140 responses. Estimated Time per Response: 40 hours. Frequency of Response: Annual reporting requirement. Obligation to Respond: Mandatory— The ARMIS reporting requirements were established by the Commission in 1987 to facilitate the timely and efficient analysis of carrier operating costs and rates of return, to provide an improved basis for audits and other oversight functions, and to enhance the Commission’s ability to quantify the effects of alternative policy proposals. Additional ARMIS Reports were added in 1991 and 1992. Incumbent local exchange carriers must submit the ARMIS reports to the Commission annually on or before April 1. See Reporting Requirements of Certain Class A and Tier I Telephone Companies (Parts 31, 43, 67 and 69 of the FCC’s Rules), CC Docket No. 86182, Order, 2 FCC Rcd 5770 (1987), modified on recon, 3 FCC Rcd 6375 (1988); see also 47 CFR part 43, section 43.21. Total Annual Burden: 5,600 hours. Total Annual Cost: N/A. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: The information addresses information of a confidential nature. Needs and Uses: The Commission will submit this expiring information collection to the Office of Management and Budget (OMB) during this comment period in order to obtain the full three year clearance from them. The Commission is requesting OMB approval for an extension of the previous OMB approval—no change in the reporting requirements. The 495A Report provides the forecast and resulting investment allocation incorporated in a carrier’s cost support for its access tariff. The 495B Report enables the Commission’s staff to monitor actual and forecasted investment use, as directed in CC Docket 86–111. The ARMIS Reports 495A and 495B are filed at the study area (jurisdiction), consolidated access tariff area, and at the operating company level. These reports help ensure that the regulated operations of the carriers do not subsidize the nonregulated operations of those same carriers. This information is also a part of the data necessary to support the Commission’s audit and other oversight functions. The data provide the necessary detail to enable the Commission to fulfill its regulatory responsibility. There are no changes to the ARMIS Reports 495A and 495B. Although the Commission has granted conditional forbearance from FCC VerDate Mar<15>2010 17:59 Jul 21, 2011 Jkt 223001 Reports 495A and 495B, the Commission still seeks continued OMB approval because petitions for reconsideration and review of those forbearance decisions are currently pending before the Commission and the courts, respectively. On April 24, 2008, the Commission in Petition of AT&T Inc. for Forbearance under 47 U.S.C. § 160 from Enforcement of Certain of the Commission’s Cost Assignment Rules, WC Docket Nos. 07–21, 05–342, Memorandum Opinion and Order, 23 FCC Rcd 7302 (2008) (AT&T Cost Assignment Forbearance Order), pet for recon. pending, pet. for review pending, NASUCA v. FCC, Case No. 08–1226 (DC Cir. filed June 23, 2008) granted forbearance, subject to conditions, from the statutory provision and Commission rules as requested in the Legacy AT&T and Legacy BellSouth petitions (collectively, ‘‘Cost Assignment Rules’’). AT&T asked for and the Commission granted forbearance from four of the Commission’s reporting requirements— the Access Report (ARMIS 43–04), the Rate of Return Monitoring Report (FCC Form 492), the Reg/Non-Reg Forecast Report (FCC Form 495A) and the Reg/ Non-Reg Actual Usage Report (FCC Form 495B)—because forbearance from the Cost Assignment Rules renders these reports meaningless. The Commission had concluded that the various accounting rules were intended to work together to help ensure the primary statutory goal of just and reasonable rates. See Separations of Costs of Regulated Telephone Service from Costs of Nonregulated Activities: Amendment of Part 31, the Uniform System of Accounts for Class A and Class B Telephone Companies to Provide for Nonregulated Activities and to Provide for Transactions Between Telephone Companies and their Affiliates, CC Docket 86–111, Report and Order, 2 FCC Rcd 1298 (1987), petition for review denied, Southwestern Bell Corp v. FCC, 896 F. 2d 1378 (DC Cir. 1990). In Service Quality, Customer Satisfaction, Infrastructure and Operating Data Gathering, WC Docket Nos. 08–190, 07–139, 07–204, 07–273, 07–21, Memorandum Opinion and Order and Notice of Proposed Rulemaking, 23 FCC Rcd 13647 (2008) (Verizon/Qwest Cost Assignment Forbearance Order), pet. for recon. pending, pet. for review pending, NASUCA v. FCC, Case No. 08–1353 (DC Cir. filed Nov. 4, 2008) the Commission extended to Verizon and Qwest forbearance from the statutory provision and Commission rules from the Cost Assignment Rules to the same extend granted AT&T in the AT&T Cost PO 00000 Frm 00025 Fmt 4703 Sfmt 9990 44005 Assignment Forbearance Order and subject to the same conditions. OMB Control Number: 3060–0760. Title: Access Charge Reform, CC Docket No. 96–262, First Report and Order; Second Order on Reconsideration and Memorandum Opinion and order; and Fifth Report and Order. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit. Number of Respondents: 17 respondents; 887 responses. Estimated Time per Response: 3–300 hours. Frequency of Response: On occasion and one time reporting requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 201–205 and 303(r). Total Annual Burden: 28,835 hours. Total Annual Cost: $736,760. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: The information requested is not of a confidential nature. However, respondents may request materials or information submitted to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: The Commission will submit this expiring information collection to the Office of Management and Budget (OMB) during this comment period in order to obtain the full three year clearance from them. The Commission is requesting OMB approval for an extension of the previous OMB approval—no change in the reporting requirements. The Commission provides detailed rules for implementing the market-based approach, pursuant to which price cap LECs receive pricing flexibility in the provision of interstate access services as competition for those services develops. Also, to ensure the equitable regulatory treatment of all providers of in-region, long distance service, Bell Operating Companies (BOCs) must now comply with the requirements to submit a certification to the Commission prior to providing contract tariff services to itself or to any affiliate that is neither a section 272 nor a rule section 64.1903 separate affiliate. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2011–18489 Filed 7–21–11; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44004-44005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18489]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


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.

-----------------------------------------------------------------------

SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to comment on the following 
information collections. 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 OMB 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 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 the Internet at 
Nicholas_A._Fraser@omb.eop.gov; and to the Federal Communications 
Commission's PRA mailbox (e-mail address: PRA@fcc.gov). Include in the 
e-mail the OMB control number of the collection as shown in the 
SUPPLEMENTARY INFORMATION section below, or if there is no OMB control 
number, include the Title as shown in the SUPPLEMENTARY INFORMATION 
section. If you are unable to submit your comments by e-mail, contact 
the person listed below to make alternate arrangements.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Judith B. Herman at 202-418-0214 or via the Internet at Judith-b.herman@fcc.gov.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0410.
    Title: Forecast of Investment Usage Report, FCC Form 495A, and 
Actual Usage of Investment Report, FCC Form 495B.
    Form No.: FCC Reports 495A and 495B.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.

[[Page 44005]]

    Number of Respondents: 70 respondents; 140 responses.
    Estimated Time per Response: 40 hours.
    Frequency of Response: Annual reporting requirement.
    Obligation to Respond: Mandatory--The ARMIS reporting requirements 
were established by the Commission in 1987 to facilitate the timely and 
efficient analysis of carrier operating costs and rates of return, to 
provide an improved basis for audits and other oversight functions, and 
to enhance the Commission's ability to quantify the effects of 
alternative policy proposals. Additional ARMIS Reports were added in 
1991 and 1992. Incumbent local exchange carriers must submit the ARMIS 
reports to the Commission annually on or before April 1. See Reporting 
Requirements of Certain Class A and Tier I Telephone Companies (Parts 
31, 43, 67 and 69 of the FCC's Rules), CC Docket No. 86182, Order, 2 
FCC Rcd 5770 (1987), modified on recon, 3 FCC Rcd 6375 (1988); see also 
47 CFR part 43, section 43.21.
    Total Annual Burden: 5,600 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The information addresses 
information of a confidential nature.
    Needs and Uses: The Commission will submit this expiring 
information collection to the Office of Management and Budget (OMB) 
during this comment period in order to obtain the full three year 
clearance from them. The Commission is requesting OMB approval for an 
extension of the previous OMB approval--no change in the reporting 
requirements.
    The 495A Report provides the forecast and resulting investment 
allocation incorporated in a carrier's cost support for its access 
tariff. The 495B Report enables the Commission's staff to monitor 
actual and forecasted investment use, as directed in CC Docket 86-111. 
The ARMIS Reports 495A and 495B are filed at the study area 
(jurisdiction), consolidated access tariff area, and at the operating 
company level. These reports help ensure that the regulated operations 
of the carriers do not subsidize the nonregulated operations of those 
same carriers. This information is also a part of the data necessary to 
support the Commission's audit and other oversight functions. The data 
provide the necessary detail to enable the Commission to fulfill its 
regulatory responsibility. There are no changes to the ARMIS Reports 
495A and 495B.
    Although the Commission has granted conditional forbearance from 
FCC Reports 495A and 495B, the Commission still seeks continued OMB 
approval because petitions for reconsideration and review of those 
forbearance decisions are currently pending before the Commission and 
the courts, respectively. On April 24, 2008, the Commission in Petition 
of AT&T Inc. for Forbearance under 47 U.S.C. Sec.  160 from Enforcement 
of Certain of the Commission's Cost Assignment Rules, WC Docket Nos. 
07-21, 05-342, Memorandum Opinion and Order, 23 FCC Rcd 7302 (2008) 
(AT&T Cost Assignment Forbearance Order), pet for recon. pending, pet. 
for review pending, NASUCA v. FCC, Case No. 08-1226 (DC Cir. filed June 
23, 2008) granted forbearance, subject to conditions, from the 
statutory provision and Commission rules as requested in the Legacy 
AT&T and Legacy BellSouth petitions (collectively, ``Cost Assignment 
Rules''). AT&T asked for and the Commission granted forbearance from 
four of the Commission's reporting requirements--the Access Report 
(ARMIS 43-04), the Rate of Return Monitoring Report (FCC Form 492), the 
Reg/Non-Reg Forecast Report (FCC Form 495A) and the Reg/Non-Reg Actual 
Usage Report (FCC Form 495B)--because forbearance from the Cost 
Assignment Rules renders these reports meaningless. The Commission had 
concluded that the various accounting rules were intended to work 
together to help ensure the primary statutory goal of just and 
reasonable rates. See Separations of Costs of Regulated Telephone 
Service from Costs of Nonregulated Activities: Amendment of Part 31, 
the Uniform System of Accounts for Class A and Class B Telephone 
Companies to Provide for Nonregulated Activities and to Provide for 
Transactions Between Telephone Companies and their Affiliates, CC 
Docket 86-111, Report and Order, 2 FCC Rcd 1298 (1987), petition for 
review denied, Southwestern Bell Corp v. FCC, 896 F. 2d 1378 (DC Cir. 
1990).
    In Service Quality, Customer Satisfaction, Infrastructure and 
Operating Data Gathering, WC Docket Nos. 08-190, 07-139, 07-204, 07-
273, 07-21, Memorandum Opinion and Order and Notice of Proposed 
Rulemaking, 23 FCC Rcd 13647 (2008) (Verizon/Qwest Cost Assignment 
Forbearance Order), pet. for recon. pending, pet. for review pending, 
NASUCA v. FCC, Case No. 08-1353 (DC Cir. filed Nov. 4, 2008) the 
Commission extended to Verizon and Qwest forbearance from the statutory 
provision and Commission rules from the Cost Assignment Rules to the 
same extend granted AT&T in the AT&T Cost Assignment Forbearance Order 
and subject to the same conditions.
    OMB Control Number: 3060-0760.
    Title: Access Charge Reform, CC Docket No. 96-262, First Report and 
Order; Second Order on Reconsideration and Memorandum Opinion and 
order; and Fifth Report and Order.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 17 respondents; 887 responses.
    Estimated Time per Response: 3-300 hours.
    Frequency of Response: On occasion and one time reporting 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 201-205 and 303(r).
    Total Annual Burden: 28,835 hours.
    Total Annual Cost: $736,760.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The information requested is 
not of a confidential nature. However, respondents may request 
materials or information submitted to the Commission be withheld from 
public inspection under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: The Commission will submit this expiring 
information collection to the Office of Management and Budget (OMB) 
during this comment period in order to obtain the full three year 
clearance from them. The Commission is requesting OMB approval for an 
extension of the previous OMB approval--no change in the reporting 
requirements.
    The Commission provides detailed rules for implementing the market-
based approach, pursuant to which price cap LECs receive pricing 
flexibility in the provision of interstate access services as 
competition for those services develops. Also, to ensure the equitable 
regulatory treatment of all providers of in-region, long distance 
service, Bell Operating Companies (BOCs) must now comply with the 
requirements to submit a certification to the Commission prior to 
providing contract tariff services to itself or to any affiliate that 
is neither a section 272 nor a rule section 64.1903 separate affiliate.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-18489 Filed 7-21-11; 8:45 am]
BILLING CODE 6712-01-P
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