Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 45794-45796 [2011-19408]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45794-45796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19408]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

July 21, 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 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 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 September 30, 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.

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Office of Managing 
Director, (202) 418-0217. For additional information, contact Leslie F. 
Smith at Leslie.Smith@fcc.gov or call 202-418-0217.

SUPPLEMENTARY INFORMATION: 

[[Page 45795]]

    OMB Control Number: 3060-0430.
    Title: Section 1.1206, Permit-but-Disclose Proceedings.
    Form Number: N/A.
    Type of Review: Revision 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 Respondents and Responses: 11,500 respondents; 11,500 
responses.
    Estimated Time per Response: 45 minutes (0.75 hours).
    Frequency of Response: On occasion reporting requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection 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.
    Total Annual Burden: 25,875 hours.
    Total Annual Cost: $0.00.
    Privacy Act Impact Assessment: No impact(s).
    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.
    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 provide 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 
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) Minor conforming and clarifying rule changes proposed 
in the Notice are adopted. The only changes entailing increased 
information collection are the requirement that parties making 
permissible ex parte presentations in restricted proceedings file an ex 
parte notice, and that ex parte notices contain either a summary of the 
presentation or a reference to where the information can be found in 
the written record, and that ex parte notices list all persons 
attending the presentation.
    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.
    On May 10, 2011, the Commission published a notice in the Federal 
Register (76 FR 27048) announcing that it had sought OMB approval under 
the emergency processing provisions of the PRA for this information 
collection. OMB approved this collection as an emergency on May 16, 
2011. With this 60-day notice, the Commission is beginning the regular 
PRA process seeking OMB approval for this collection for three years.


[[Page 45796]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-19408 Filed 7-29-11; 8:45 am]
BILLING CODE 6712-01-P