Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 2460-2461 [2019-01312]

Download as PDF 2460 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations an FRFA in conjunction with this final rule. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521) requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before collecting information from the public. 44 U.S.C. 3507. The agency must submit collections of information in rules to OMB in conjunction with the publication of the notice of proposed rulemaking. 5 CFR 1320.11. This final rule does not contain any collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c). Regulation Identifier Number The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at: https:// www.reginfo.gov/public/do/ eAgendaMain. List of Subjects in 46 CFR Part 506 Administrative practice and procedure, Penalties. For the reasons stated in the preamble, part 506 of title 46 of the Code of Federal Regulations is amended as follows: PART 506—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 506 continues to read as follows: ■ Authority: 28 U.S.C. 2461. 2. Amend § 506.4 by revising paragraph (d) to read as follows: ■ § 506.4 Cost of living adjustments of civil monetary penalties. * * * * * (d) Inflation adjustment. Maximum Civil Monetary Penalties within the jurisdiction of the Federal Maritime Commission are adjusted for inflation as follows: United States code citation Civil monetary penalty description 46 U.S.C. 42304 ................. 46 U.S.C. 41107(a) ............ Adverse impact on U.S. carriers by foreign shipping practices ................. Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or order. Violation of Shipping Act of 1984, Commission regulation or order, not knowing and willful. Operating in foreign commerce after tariff suspension .............................. Failure to provide required reports, etc./Merchant Marine Act of 1920 ..... Adverse shipping conditions/Merchant Marine Act of 1920 ....................... Operating after tariff or service contract suspension/Merchant Marine Act of 1920. Failure to establish financial responsibility for non-performance of transportation. Failure to establish financial responsibility for death or injury ................... Program Fraud Civil Remedies Act/makes false claim .............................. Program Fraud Civil Remedies Act/giving false statement ........................ 46 U.S.C. 41107(b) ............ 46 46 46 46 U.S.C. U.S.C. U.S.C. U.S.C. 41108(b) ............ 42104 ................. 42106 ................. 42108 ................. 46 U.S.C. 44102 ................. 46 U.S.C. 44103 ................. 31 U.S.C. 3802(a)(1) .......... 31 U.S.C. 3802(a)(2) .......... By the Commission. Rachel Dickon, Secretary. [FR Doc. 2019–01429 Filed 2–6–19; 8:45 am] BILLING CODE 6731–AA–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WC Docket No. 17–84, WT Docket No. 17– 79; FCC 18–111] Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the SUMMARY: VerDate Sep<11>2014 15:51 Feb 06, 2019 Jkt 247001 information collection associated with the Commission’s revised pole attachment complaint rules. This document is consistent with Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18–111, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the revised rules. The amendment to 47 CFR 1.1413, published at 83 FR 46812, September 14, 2018, is effective March 11, 2019. DATES: FOR FURTHER INFORMATION CONTACT: Michael Ray, Attorney Advisor, Wireline Competition Bureau, at (202) 418–0357, or by email at Michael.Ray@ fcc.gov. For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418–2991 or nicole.ongele@ fcc.gov. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Maximum penalty as of January 15, 2018 Maximum penalty as of January 15, 2019 2,052,107 58,562 2,103,861 60,039 11,712 12,007 117,125 9,239 1,847,663 92,383 120,079 9,472 1,894,261 94,713 23,335, 778 23,924, 798 23,335, 778 11,181 11,181 23,924, 798 11,463 11,463 This document announces that, on January 28, 2019, OMB approved, for a period of three years, the information collection requirements relating to the pole attachment complaint rules contained in the Commission’s Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18–111, published at 83 FR 46812, September 14, 2018. The OMB Control Number is 3060–0392. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, Room 1–A620, 445 12th Street SW, Washington, DC 20554. Please include the OMB Control Number, 3060–0392, in your correspondence. The Commission also SUPPLEMENTARY INFORMATION: E:\FR\FM\07FER1.SGM 07FER1 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations will accept your comments via email at PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received final OMB approval on January 28, 2019 for the information collection requirements contained in the modifications to the Commission’s pole attachment complaint rules in 47 CFR 1.1413. 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 Number is 3060–0392. 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 affected respondents are as follows: OMB Control Number: 3060–0392. OMB Approval Date: January 28, 2019. OMB Expiration Date: January 31, 2022. Title: 47 CFR part 1, subpart J—Pole Attachment Complaint Procedures. Form Number: N/A. Respondents: Business or other forprofit entities. Number of Respondents and Responses: 1,775 respondents; 1,791 responses. Estimated Time per Response: 10–14 hours. Frequency of Response: On occasion reporting and third-party disclosure requirements. Obligation to Respond: Required to obtain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 224. Total Annual Burden: 3,149 hours. Total Annual Cost: $486,000. Nature and Extent of Confidentiality: No questions of a confidential nature are asked. However, respondents may request that materials or information submitted to the Commission in a complaint proceeding be withheld from public inspection under 47 CFR 0.459. VerDate Sep<11>2014 15:51 Feb 06, 2019 Jkt 247001 Privacy Act Impact Assessment: No impact(s). Needs and Uses: The Commission received OMB approval for a revision to an existing information collection. OMB Collection No. 3060–0392, among other things, tracks the burdens associated with utilities defending against complaints brought by incumbent local exchange carriers (LECs) related to unreasonable rates, terms, and conditions for pole attachments. In Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18–111, the Commission, among other things, revised 47 CFR 1.1413 to establish a presumption that an incumbent LEC is similarly situated to an attacher that is a telecommunications carrier or a cable television system providing telecommunications services for purposes of obtaining comparable pole attachment rates, terms, or conditions. The Commission also established a presumption that an incumbent LEC may be charged no higher than the Commission-defined pole attachment rate for telecommunications carriers, as determined in accordance with 47 CFR 1.1406(d)(2). To rebut these presumptions, the utility must demonstrate by clear and convincing evidence that the incumbent LEC receives benefits under its pole attachment agreement with a utility that materially advantages the incumbent LEC over other telecommunications carriers or cable television systems providing telecommunications services on the same poles. As a result, now there is an incremental paperwork burden on utilities should they elect to challenge the presumption that incumbent LECs are entitled to rates, terms, and conditions of similarlysituated telecommunications attachers. None of the other paperwork burdens as set forth in the 2018 renewal of OMB Collection No. 3060–0392 will change. The Commission will use the information collected under this revision to 47 CFR 1.1413 to hear and resolve pole attachment complaints brought by incumbent LECs and to determine the merits of the complaints. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2019–01312 Filed 2–6–19; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 2461 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [DA 18–1272] Annual Adjustment of Civil Monetary Penalties To Reflect Inflation Federal Communications Commission. ACTION: Final rule. AGENCY: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires the Federal Communications Commission to amend its forfeiture penalty rules to reflect annual adjustments for inflation in order to improve their effectiveness and maintain their deterrent effect. The Inflation Adjustment Act provides that the new penalty levels shall apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase. DATES: The rule is effective February 7, 2019. The civil monetary penalties are applicable beginning January 15, 2019. FOR FURTHER INFORMATION CONTACT: Lisa S. Gelb, Deputy Chief, Enforcement Bureau, 202–418–2019. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, DA 18–1272, adopted and released on December 19, 2018. The document is available for download at https:// www.fcc.gov/document/annualadjustment-civil-monetary-penaltiesreflect-inflation. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY–A257, Washington, DC 20554. The Bipartisan Budget Act of 2015 included, as Section 701 thereto, the Inflation Adjustment Act, which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101–410), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect. Under the Inflation Adjustment Act, agencies are required to make annual inflationary adjustments by January 15 each year, beginning in 2017. The adjustments are calculated pursuant to Office of Management and Budget (OMB) guidance. OMB issued guidance on December 14, 2018, and this Order follows that guidance. The Commission therefore updates the civil monetary penalties for 2019, to reflect an annual inflation adjustment based on the SUMMARY: E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2460-2461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01312]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WC Docket No. 17-84, WT Docket No. 17-79; FCC 18-111]


Accelerating Wireline Broadband Deployment by Removing Barriers 
to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's revised 
pole attachment complaint rules. This document is consistent with 
Accelerating Wireline Broadband Deployment by Removing Barriers to 
Infrastructure Investment, Third Report and Order and Declaratory 
Ruling, FCC 18-111, which stated that the Commission would publish a 
document in the Federal Register announcing the effective date of the 
revised rules.

DATES: The amendment to 47 CFR 1.1413, published at 83 FR 46812, 
September 14, 2018, is effective March 11, 2019.

FOR FURTHER INFORMATION CONTACT: Michael Ray, Attorney Advisor, 
Wireline Competition Bureau, at (202) 418-0357, or by email at 
Michael.Ray@fcc.gov. For additional information concerning the 
Paperwork Reduction Act information collection requirements, contact 
Nicole Ongele at (202) 418-2991 or nicole.ongele@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on January 28, 
2019, OMB approved, for a period of three years, the information 
collection requirements relating to the pole attachment complaint rules 
contained in the Commission's Accelerating Wireline Broadband 
Deployment by Removing Barriers to Infrastructure Investment, Third 
Report and Order and Declaratory Ruling, FCC 18-111, published at 83 FR 
46812, September 14, 2018. The OMB Control Number is 3060-0392. The 
Commission publishes this document as an announcement of the effective 
date of the rules. If you have any comments on the burden estimates 
listed below, or how the Commission can improve the collections and 
reduce any burdens caused thereby, please contact Nicole Ongele, 
Federal Communications Commission, Room 1-A620, 445 12th Street SW, 
Washington, DC 20554. Please include the OMB Control Number, 3060-0392, 
in your correspondence. The Commission also

[[Page 2461]]

will accept your comments via email at PRA@fcc.gov.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received final 
OMB approval on January 28, 2019 for the information collection 
requirements contained in the modifications to the Commission's pole 
attachment complaint rules in 47 CFR 1.1413.
    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 Number is 3060-0392.
    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 affected 
respondents are as follows:
    OMB Control Number: 3060-0392.
    OMB Approval Date: January 28, 2019.
    OMB Expiration Date: January 31, 2022.
    Title: 47 CFR part 1, subpart J--Pole Attachment Complaint 
Procedures.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 1,775 respondents; 1,791 
responses.
    Estimated Time per Response: 10-14 hours.
    Frequency of Response: On occasion reporting and third-party 
disclosure requirements.
    Obligation to Respond: Required to obtain benefits. Statutory 
authority for this information collection is contained in 47 U.S.C. 
224.
    Total Annual Burden: 3,149 hours.
    Total Annual Cost: $486,000.
    Nature and Extent of Confidentiality: No questions of a 
confidential nature are asked. However, respondents may request that 
materials or information submitted to the Commission in a complaint 
proceeding be withheld from public inspection under 47 CFR 0.459.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: The Commission received OMB approval for a revision 
to an existing information collection. OMB Collection No. 3060-0392, 
among other things, tracks the burdens associated with utilities 
defending against complaints brought by incumbent local exchange 
carriers (LECs) related to unreasonable rates, terms, and conditions 
for pole attachments. In Accelerating Wireline Broadband Deployment by 
Removing Barriers to Infrastructure Investment, Third Report and Order 
and Declaratory Ruling, FCC 18-111, the Commission, among other things, 
revised 47 CFR 1.1413 to establish a presumption that an incumbent LEC 
is similarly situated to an attacher that is a telecommunications 
carrier or a cable television system providing telecommunications 
services for purposes of obtaining comparable pole attachment rates, 
terms, or conditions. The Commission also established a presumption 
that an incumbent LEC may be charged no higher than the Commission-
defined pole attachment rate for telecommunications carriers, as 
determined in accordance with 47 CFR 1.1406(d)(2). To rebut these 
presumptions, the utility must demonstrate by clear and convincing 
evidence that the incumbent LEC receives benefits under its pole 
attachment agreement with a utility that materially advantages the 
incumbent LEC over other telecommunications carriers or cable 
television systems providing telecommunications services on the same 
poles. As a result, now there is an incremental paperwork burden on 
utilities should they elect to challenge the presumption that incumbent 
LECs are entitled to rates, terms, and conditions of similarly-situated 
telecommunications attachers. None of the other paperwork burdens as 
set forth in the 2018 renewal of OMB Collection No. 3060-0392 will 
change. The Commission will use the information collected under this 
revision to 47 CFR 1.1413 to hear and resolve pole attachment 
complaints brought by incumbent LECs and to determine the merits of the 
complaints.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019-01312 Filed 2-6-19; 8:45 am]
 BILLING CODE 6712-01-P
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