Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 38534-38535 [2014-15880]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38534-38535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15880]



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FEDERAL COMMUNICATIONS COMMISSION


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

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 (44 U.S.C. 
3501--3520), the Federal Communications Commission (FCC) 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 further ways to 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 Control Number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before September 8, 2014. 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 FCC 
contact listed below as soon as possible.

ADDRESSES: Submit your PRA comments to Leslie F. Smith, Office of 
Managing Director (OMD), Federal Communications Commission (FCC), via 
the Internet at Leslie.Smith@fcc.gov. To submit your PRA comments by 
email, send them to PRA@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Leslie F. Smith at (202) 418-0217, or via the Internet at PRA@fcc.gov.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0411.
    Title: Procedures for Formal Complaints.
    Form Number: FCC Form 485.
    Type of Review: Extension of a currently-approved collection.
    Respondents: Individuals or households, business or other for-
profit entities, not-for-profit institutions, federal government, and 
state, local, or tribal governments.
    Number of Respondents and Responses: 20 respondents; 301 responses.
    Estimated Time per Response: 1-60 hours.
    Frequency of Response: Recordkeeping requirement, 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. 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: $1,847,900.
    Nature and Extent of Confidentiality: 47 CFR Section 1.731 provides 
for confidential treatment of materials disclosed or exchanged during 
the course of formal complaint proceedings when the disclosing party 
has identified the materials 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 assorted confidential material, 
it may request either that the opposing party consent to greater 
protection, or that the staff supervising the proceeding order greater 
protection.
    Privacy Act Impact Assessment: The information collection 
requirements may affect individuals or households. As required by the 
Privacy Act of 1974, as amended, 5 U.S.C. 552a, and OMB regulations, M-
03-22 (September 22, 2003), the FCC has completed both a system of 
records, FCC/EB-5, ``Enforcement Bureau Activity Tracking System,'' and 
a Privacy Impact Assessment (PIA), to cover the collection, 
maintenance, use, and disposal of all personally identifiable 
information (PII) that may be submitted as part of a formal complaint 
filed against a common carrier:
    (a) The system of records notice (SORN), FCC/EB-5, ``Enforcement 
Bureau Activity Tracking System (EBATS),'' was published in the Federal 
Register on December 14, 2010 (75 FR 77872) and became effective on 
January 24, 2011. It is posted on the FCC's Privacy Act Web page at: 
https://www.fcc.gov/omd/privacyact/records-systems.html.
    (b) The initial Privacy Impact Assessment (PIA) was completed on 
May 22, 2009. However, with the approval of the FCC/EB-5, ``EBATS,'' on 
January 24, 2011 and supplementation expected in Fall 2014, the 
Commission is now updating the PIA to include the information that is 
contained in this SORN.
    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.
    Needs and Uses: Sections 206-209 of the Communications Act of 1934, 
as amended (the ``Act''), provide the statutory framework for 
adjudicating formal complaints against common carriers. To resolve 
complaints between providers regarding compliance with data roaming 
obligations, Commission Rule 20.12(e) adopts by reference the 
procedures already in place for resolving Section 208 formal complaints 
against common carriers, except that the remedy of damages, is not 
available for complaints against commercial mobile data service 
providers.
    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''); 47 U.S.C. 271(d)(6) 
(imposing a 90-day deadline for complaints alleging that a Bell 
Operating Company has ceased to meet conditions imposed in connection 
with approval to provide in-region interLATA services).
    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 (Formal Complaint Rules) to govern its formal complaint 
proceedings that are

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similar in many respects to the Federal Rules of Civil Procedure. See 
47 CFR Sections 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 rules, the Commission resolves formal complaint 
proceedings 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 against a common carrier. The Commission uses this 
information to determine the sufficiency of complaints and to resolve 
the merits of disputes between the parties. The Commission bases its 
orders in formal complaint proceedings 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.
    In addition, the Commission has adopted most of this formal 
complaint process to govern data roaming complaints. Specifically, the 
Commission has extended, as applicable, the procedural rules in the 
Commission's Part I, Subpart E rules, 47 CFR Sections 1.716-1.718, 
1.720, 1.721, and 1.723-1.735, to disputes arising out of the data 
roaming rule contained in 47 CFR Section 20.12(e). Therefore, in 
addition to being necessary to resolve common carrier-related complaint 
proceedings, this collection of information is also necessary to 
resolve data roaming-related complaint proceedings.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2014-15880 Filed 7-7-14; 8:45 am]
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