Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority, 28215-28217 [2013-11336]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28215-28217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11336]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice; request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995, the 
Federal Communications Commission invites the general public and other 
Federal agencies to take this opportunity to comment on the following 
information collection(s). Comments are requested concerning: 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; the accuracy of the 
Commission's burden estimate; ways to enhance the quality, utility, and 
clarity of the information collected; 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 ways to further reduce the information 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 July 15, 2013. 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: Submit your PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via fax at 202-395-5167 or via Internet at 
Nicholas_A._Fraser@omb.eop.gov. To submit your PRA comments by email 
send them to: PRA@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Judith B. Herman, FCC, Office of 
Managing Director, (202) 418-0214.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0076.
    Title: Common Carrier Annual Employment Report.
    Form Number: FCC Form 395.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 809 respondents; 809 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: Annual reporting requirement and 
recordkeeping requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in 47 U.S.C. sections 154(i), 303, 
and 307-310 of the Communications Act of 1934, as amended.
    Total Annual Burden: 809 hours.
    Total Annual Cost: N/A.
    Privacy Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The respondents are 
instructed on the appropriate procedures to follow to safeguard 
information deemed confidential under 47 CFR 0.457 of the Commission's 
rules details the type of records that are not routinely available for 
public inspection. Section 0.459 of the Commission's rules contains 
procedures for requesting that material and information submitted to 
the Commission be withheld from public inspection.
    Needs and Uses: The Commission will be submitting this expiring 
information collection to the Office of Management and Budget (OMB) for 
approval of an extension request (no change in the public reporting 
and/or recordkeeping requirements).
    The FCC Report 395, Common Carrier Annual Employment Report, is a 
data collection mechanism to implement the FCC's Equal Employment 
Opportunity (EEO) rules. All common carrier

[[Page 28216]]

licensees or permittees with sixteen (16) or more full-time employees 
are required to file its Annual Employment Report. Each common carrier 
is also obligated to file copies of all exhibits, letters and other 
documents pertaining to all equal employment opportunity statements and 
annual reports on complaints regarding violations of equal employment 
provisions of Federal, State, Territorial, or local law filed with this 
Commission. The common carriers are required to retain these documents 
for a period of two years. The Annual Employment Report identifies each 
filer's staff by gender, race, color and/or national origin in each of 
ten major job categories. The report and all other EEOC documents are 
filed with the Commission to detail the applicant's compliance with the 
Commission's EEO rules. Those documents are available for public 
inspection at the FCC's Public Reference Room.

    OMB Control Number: 3060-0166.
    Title: Part 42, Sections 42.5, 42.6 and 42.7, Preservation of 
Records of Communications Common Carriers.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 56 respondents; 56 responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping requirement and third party disclosure requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in 47 U.S.C. section 220 as amended 
by the Communications Act of 1934, as amended.
    Total Annual Burden: 112 hours.
    Total Annual Cost: N/A.
    Privacy Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The respondents are 
instructed on the appropriate procedures to follow to safeguard 
information deemed confidential under 47 CFR 0.457 of the Commission's 
rules details the type of records that are not routinely available for 
public inspection. Section 0.459 of the Commission's rules contains 
procedures for requesting that material and information submitted to 
the Commission be withheld from public inspection.
    Needs and Uses: The Commission will be submitting this expiring 
information collection to the Office of Management and Budget (OMB) for 
approval of an extension request (no change in the recordkeeping 
requirement).
    Section 42.5 requires that records kept in a machine-readable 
medium be accompanied by a statement indicating the type of data 
included in the record and certifying that the information contained in 
it has been accurately duplicated.
    Section 42.6 requires a carrier to retain telephone toll records 
for 18 months that are necessary to provide the following billing 
information about telephone toll calls: the name, address, and 
telephone number of the caller, telephone number called, date, time and 
length of call.
    Section 42.7 allows a carrier to establish its own retention 
periods for all of its records, except records of telephone toll calls 
and records relevant to complaint proceedings.
    Documentation of premature records destruction is necessary so that 
the Commission can be aware of the frequency and consequences of such 
destruction. If carriers were allowed to destroy records at will, the 
Commission would lose historical information, thus making it impossible 
to regulate the industry properly. A specific retention period for 
telephone toll records of 18 months is imposed to assist Department of 
Justice in law enforcement.
    OMB Control Number: 3060-0807.
    Title: Section 51.803, Procedures for Commission Notification of a 
State Commission's Failure to Act; Supplemental Procedures for 
Petitions Pursuant to Section 252(e)(5) of the Communications Act of 
1934, as amended.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities and state, local 
or tribal government.
    Number of Respondents: 60 respondents; 60 responses.
    Estimated Time per Response: 40 hours per requirement.
    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 contained in 47 
U.S.C. section 252(e)(5) as amended by the Communications Act of 1934, 
as amended.
    Total Annual Burden: 1,600 hours.
    Total Annual Cost: N/A.
    Privacy Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting petitioners to submit confidential information to the 
Commission.
    Needs and Uses: The Commission will be submitting this expiring 
information collection to the Office of Management and Budget (OMB) for 
approval of an extension request (no change in the reporting and/or 
third party disclosure requirements). There is no change in the 
Commission's burden estimates.
    Any interested party seeking preemption of a state commission's 
jurisdiction based on the state commission's failure to act shall 
notify the Commission as follows: (1) File with the Secretary of the 
Commission a detailed petition, supported by an affidavit, that states 
with specificity the basis for any claim that it has failed to act; and 
(2) serve the state commission and other parties to the proceeding on 
the same day that the party serves the petition on the Commission. 
Within 15 days of filing the petition, the state commission and parties 
to the proceeding may file a response to the petition. In an OMB-
approved Public Notice, DA 97-2540, released December 4, 1997, the 
Commission set forth procedures for filing petitions for preemption 
pursuant to section 252(e)(5). Section 252(e)(5) provides that ``if a 
state commission fails to act to carry out its responsibility under 
this section in any proceeding or other matter under this section, then 
the Commission shall issue an order preempting the state commission's 
jurisdiction of the proceeding or matter within 90 days after being 
notified (or taking notice) of such failure, and shall assume the 
responsibility of the state commission under this section with respect 
to the proceeding or matter and act for the state commission.'' All of 
the requirements are used to ensure that petitioners have complied with 
their obligations under the Communications Act of 1934, as amended.

    OMB Control Number: 3060-0992.
    Title: Section 54.507(d)(1)-(4), Request for Extension of the 
Implementation Deadline for Non-Recurring Services.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities, not-for-profit 
entities and state, local or tribal government.
    Number of Respondents: 1,675 respondents; 1,675 responses.
    Estimated Time per Response: .75 hours (45 minutes).
    Frequency of Response: On occasion reporting requirement, third 
party disclosure requirement and recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory

[[Page 28217]]

authority for this information collection is contained in 47 U.S.C. 
sections 151, 154(i), and (j), 201-205, 214, 254, and 403 as amended by 
the Communications Act of 1934, as amended.
    Total Annual Burden: 1,256 hours.
    Total Annual Cost: N/A.
    Privacy Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting that the respondents submit confidential information to the 
Commission. If the Commission requests applicants to submit information 
that the applicant believes is confidential, they may request 
confidential treatment of such information under 47 CFR 0.459 of the 
Commission's rules.
    Needs and Uses: The Commission will be submitting this expiring 
information collection to the Office of Management and Budget (OMB) for 
approval of an extension request (no change in the reporting, third 
party disclosure requirement and/or recordkeeping requirement).
    Pursuant to the E-rate program (formerly known as the schools and 
libraries universal support program), eligible schools, libraries, and 
their consortia may apply for discounts for telecommunications 
services, Internet access, and internal connections. In general, the 
applicant must use the funded services within the funding year, which 
runs from July 1 through June 30, except that the rules of the FCC, 
hereinafter the ``Commission'', give applicants three additional 
months, until September 30 following the close of the funding year, to 
install one-time services known as non-recurring services. The 
Universal Service Administrative Company (USAC) may extend the 
September 30 deadline if the applicant falls within at least one of 
four designated circumstances. The applicant must, however, submit any 
required documentation to support an extension on or before the 
September 30 deadline. These extensions ensure that schools and 
libraries are not penalized when they are not responsible for missing 
the installation deadline. Additionally, implementation of this policy 
provides clarify to the USAC and applicants by establishing a certain 
deadline for installation. This rule also gives schools and libraries 
in the program the opportunity to schedule implementation of non-
recurring services over the summer months.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-11336 Filed 5-13-13; 8:45 am]
BILLING CODE 6712-01-P