Reporting Requirements for U.S. Providers of International Services; 2016 Biennial Review of Telecommunications Regulations, 17931-17933 [2018-08570]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17931-17933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08570]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 43, and 63

[IB Docket Nos. 17-56; 16-131, FCC 17-136]


Reporting Requirements for U.S. Providers of International 
Services; 2016 Biennial Review of Telecommunications Regulations

AGENCY: Federal Communications Commission.

ACTION: Announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved the information collection requirements associated with 
the Commission's Report and Order, Reporting Requirements for U.S. 
Providers of International Services; 2016 Biennial Review of 
Telecommunications Regulations, FCC 17-136. This document is consistent 
with the Report

[[Page 17932]]

and Order, which stated that the Commission would publish a document in 
the Federal Register announcing OMB approval and the effective date of 
changes of the rules.

DATES: Sections 0.457(d)(1)(xi), 1.767(g)(13) through (16), 43.62, 
43.82, 63.10(c)(2), 63.21(d), and 63.22(e), (h), and (i), published at 
82 FR 55323, November 21, 2017, are effective on April 25, 2018.

FOR FURTHER INFORMATION CONTACT: Cathy Williams by email at 
[email protected] and telephone at (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that on March 28, 
2018 and April 3, 2018, OMB approved the information collection 
requirements contained in the Commission's Report and Order, FCC 17-
136, published at 82 FR 55323. The OMB Control Numbers are 3060-0686 
and 3060-1156. The Commission publishes this document as an 
announcement of the effective date of those information collection 
requirements.
    Synopsis: As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), the FCC is notifying the public that it received OMB 
approval on March 28, 2018 and April 3, 2018, for the information 
collection requirements contained in 47 CFR 43.62, 43.82 and 63.22(h), 
as amended, in the Commission's Report and Order, FCC 17-136. (The 
effective date for the amendments to 47 CFR 0.457(d)(1)(xi), 
1.767(g)(13) through (16), 63.10(c)(2), 63.21(d), 63.22(e) and (i), are 
the same as the amendments to 47 CFR 43.62, 43.82 and 63.22(h), because 
those amendments are directly related to each other.) Under 5 CFR part 
1320, an agency may not conduct or sponsor a collection of information 
unless it displays a current, 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 that does not 
display a current, valid OMB Control Number. The OMB Control Numbers 
are 3060-0686 and 3060-1156.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0686.
    OMB Approval Date: March 28, 2018.
    OMB Expiration Date: March 31, 2021.
    Title: International Section 214 Process and Tariff Requirements--
47 CFR 63.10, 63.11, 63.13, 63.18, 63.19, 63.21, 63.22, 63.24, 63.25 
and 1.1311.
    Form No.: International Section 214--New Authorization; 
International Section 214 Authorization--Transfer of Control/
Assignment; International Section 214--Special Temporary Authority and 
International Section 214--Foreign Carrier Affiliation Notification.
    Type of Review: Revision of a currently approved information 
collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 528 respondents; 792 responses.
    Estimated Time per Response: 1-20 hours.
    Frequency of Response: On occasion reporting requirement, Quarterly 
reporting requirement, Recordkeeping requirement and third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission's statutory authority for this information collection under 
sections 1, 4(i), 4(j), 10, 11, 201-205, 208, 211, 214, 218, 219, 220, 
303(r), 309, 310, 403 and 571 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 154(j), 160, 161, 201-205, 208, 
211, 214, 218, 219, 220, 303(r), 309, 310, 403 and 571.
    Total Annual Burden: 3,152 hours.
    Annual Cost Burden: $752,400.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The Commission has not 
granted assurances of confidentiality to those parties submitting the 
information, except for the list or routes required under 47 CFR 
63.22(h) which the Commission will treat as not routinely available for 
public inspection. In all the other cases where a respondent believes 
information requires confidentiality, the respondent can request 
confidential treatment under Section 0.459 of the Commission's rules, 
47 CFR 0.459.
    Needs and Uses: The information will be used by the Commission 
staff in carrying out its duties under the Communications Act. The 
information collections pertaining to part 63 are necessary largely to 
determine the qualifications of applicants to provide common carrier 
international telecommunications service under section 214 of the 
Communications Act, 47 U.S.C. 214, including applicants that are, or 
are affiliated with, foreign carriers, and to determine whether and 
under what conditions the authorizations are in the public interest, 
convenience, and necessity. The information collections are also 
necessary to maintain effective oversight of U.S. international 
carriers generally.
    The frequency of filing applications pursuant to Sections 214 will 
be determined largely by the applicant seeking to provide U.S. 
international common carrier service under section 214 of the 
Communications Act, 47 U.S.C. 214. Carriers will also determine largely 
the frequency of filing under the other rules included in this 
collection, with the exception of the quarterly reports required of 
certain carriers under 47 CFR 63.10(c) and the list of routes for which 
a facilities-based international service provider must make a one-time 
filing and update as necessary under 47 CFR 63.22(h). If the 
collections are not conducted or are conducted less frequently, 
applicants will not obtain the authorizations necessary to provide 
telecommunications services, and the Commission will be unable to carry 
out its mandate under the Communications Act of 1934. In addition, 
without the information collections, the United States would jeopardize 
its ability to fulfill the U.S. obligations as negotiated under the 
World Telecommunications Organization (WTO) Basic Telecom Agreement 
because these collections are imperative to detecting and deterring 
anticompetitive conduct. They are also necessary to preserve the 
Executive Branch agencies' and the Commission's ability to review 
foreign investments for national security, law enforcement, foreign 
policy, and trade concerns. Regarding 47 CFR 63.11, carriers determine 
largely when to notify the Commission of planned investments by or in 
foreign carriers. If the information is not collected by the 
Commission, we will not be able to prevent carriers that control 
bottleneck facilities in foreign countries from using those bottlenecks 
to discriminate against unaffiliated U.S. carriers.
    OMB Control No.: 3060-1156.
    OMB Approval Date: April 3, 2018.
    OMB Expiration Date: April 30, 2021.
    Title: 47 CFR 43.82, Annual International Circuit Capacity Reports.
    Form No.: N/A.
    Type of Review: Revision of a currently approved information 
collection.
    Respondents: Business or other for profit.
    Number of Respondents: 65 respondents; 185 responses.
    Estimated Time per Response: 1-14 hours.
    Frequency of Response: Annual reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The

[[Page 17933]]

Commission's statutory authority for this information collection under 
Sections 1, 4(i), 4(j), 11, 201-205, 214, 219-220, 303(r), 309, and 403 
of the Communications Act as amended, 47 U.S.C. 151, 154(i), 154(j), 
161, 201-205, 214, 219-220, 303(r), 309, and 403, the Cable Landing 
License Act of 1921, 47 U.S.C. 34-39, and 3 U.S.C. 301.
    Total Annual Burden: 1,085 hours.
    Annual Cost Burden: $2,400.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information. The 
Commission, however, will allow filing entities to seek confidential 
treatment of their data.
    Needs and Uses: The uses to which the Commission puts the 
information from the annual circuit capacity report, and the 
Registration Form are as follows:

(a) Annual Circuit Capacity Reports [Section 43.82(a)]

    The circuit capacity reports are comprised of two parts. First, 
licensees of a submarine cable extending between the United States and 
a foreign point as of December 31 of the reporting period report the 
available capacity and planned capacity of the cable--the cable 
operators report. Second, each cable landing licensee and common 
carrier that holds capacity on the U.S. end of a submarine cable 
extending between the United States and a foreign point as of December 
31 of the reporting period (``capacity holders'') reports its available 
capacity on the U.S. end of every submarine cable between the United 
States and any foreign point on which it holds capacity as of that 
date--the capacity holders report. A holding of capacity is an interest 
in the U.S. end of an international submarine cable through cable 
ownership, an indefeasible right of use (IRU), or an inter-carrier 
lease (ICL).
    The Commission uses the circuit capacity data for such purposes as 
analyzing international transport markets in merger reviews. More 
importantly, these data are essential for our national security and 
public safety responsibilities in regulating communications, an 
important linchpin of the Commission's statutory authority. Submarine 
cables are critical infrastructure and the circuit capacity data are 
important for the Commission's contributions to the national security 
and defense of the United States. The Commission uses the data, for 
example, to have a complete understanding of the ownership and use of 
submarine cable capacity and to assist in the protection, restoration, 
and resiliency of the infrastructure during national security or public 
safety emergencies, such as hurricanes. The Department of Homeland 
Security (DHS) filed comments stating that it also finds this 
information to be critical to its national and homeland security 
functions, and states that this information, when combined with other 
data sources, is used to protect and preserve national security and for 
its emergency response purposes.
    There are no alternative reliable third party commercial sources 
for the reported data. Although some sources collect general capacity 
information from cable owners, neither the FCC nor DHS has found any 
alternative sources for capacity holder data. Commercial source data 
may include capacity information, but the data are not verified by 
company officials and do not include capacity holder data. Although the 
Commission obtains the ownership and location of individual cables 
through the licensing process, distribution of a cable's capacity among 
providers is not required to be reported under our current submarine 
cable licensing rules and is provided only annually through the Circuit 
Capacity Reports. Further, the Commission's licensing rules do not 
require an applicant to include the entities that have acquired 
capacity on the cable through an IRU or ICL.

(b) Registration Form [Section 43.82(b)]

    The Registration Form provides basic information about the filing 
and about the entity itself--such as address, phone number, email 
address, and the international Section 214 authorizations and cable 
landing licenses held by the filer. This information will assist in 
keeping track of who holds international circuit capacity and how to 
contact them. The Registration Form also includes a certification by 
the filing entity to certify the accuracy and completeness of its 
report. The Registration Form provides the means by which the filing 
entity may request confidential treatment of the data filed in the 
report.

(c) Filing Manual [Section 43.82(c)]

    The Filing Manual sets forth instructions on how to file the 
reports.

    Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018-08570 Filed 4-24-18; 8:45 am]
 BILLING CODE 6712-01-P