Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority, 45215-45216 [2020-16204]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices completely or partially overlaps the county. Section 27.1503(b)(3) requires an applicant to file a Transition Plan as part of its application for a 900 MHz broadband license. In its Transition Plan, an applicant must demonstrate one or more of the following for at least 90% of the site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county: (1) Agreement by covered incumbents to relocate form the broadband segment; (2) protection of site-based covered incumbents through compliance with minimum spacing criteria; (3) protection of site-based covered incumbents through new or existing letters of concurrence agreeing to lesser base station separations; (4) protection of geographically-based covered incumbents through private contractual agreements; and/or (5) evidence that it holds licenses for the site channels in the county and within 70 miles of the county boundary and geographically licensed channels where the license area completely or partially overlaps the county. The Transition Plan must describe in detail: (1) Descriptions of the agreements reached with covered incumbents to relocate and the applications that the parties to the agreements will file for spectrum in the narrowband segment in order to relocate or repack licensees; (2) descriptions of how the applicant will provide interference protection to, and/ or acquire or relocate from the broadband segment, covered incumbents collectively holding licenses for at least 90% of the sitechannels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county, and/or evidence that it holds licenses for the sitechannels and/or geographically licensed channels; (3) any rule waivers or other actions necessary to implement an agreement with a covered incumbent; and (4) such additional information as may be required. The Commission requires the applicant to include in the Transition Plan a certification from a frequency coordinator that the Transition Plan can be implemented consistent with the Commission’s rules. The Commission allows an applicant seeking to transition multiple counties simultaneously to file a single Transition Plan that covers all of its county-based applications. Section 27.1503(c)(1) requires an applicant to cancel its 900 MHz Specialized Mobile Radio and Business/ VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 Industrial/Land Transportation licenses, up to six megahertz, conditioned upon Commission grant of its license. An applicant would file FCC Form 601 to cancel existing licenses, but this information collection does not involve a revision of FCC Form 601. Section 27.1505 requires a 900 MHz broadband licensee to meet performance requirements. Section 27.1505(a) requires an applicant to file a construction notification in accordance with § 1.946(d) of the Commission’s rules. An applicant would file FCC Form 601 to file the construction notification, and this information collection would encompass adding a new radio service code for the 900 MHz broadband service. Pursuant to § 27.1505(b), licensees can satisfy performance requirement through population or geographic coverage. Under the population metric, a 900 MHz broadband licensee would be required to provide reliable signal coverage and offer broadband service to at least 45% of the population in its license area within six years of license grant and to at least 80% of the population in its license area within twelve years of license grant. Under the geographic coverage metric, a 900 MHz broadband licensee would be required to provide reliable signal coverage and offer broadband service to at least 25% of the geographic license area within six years of license grant and to at least 50% of the geographic license area within twelve years of license grant. To meet the broadband service obligation, the Commission expects licensees to deploy technologies that make intensive use of the entire 3/3 megahertz band segment and yield high uplink and downlink data rates and minimal latency sufficient to provide for real-time, twoway communications. The 900 MHz broadband licensees would demonstrate its compliance with § 27.1505(b) by filing an attachment to their FCC Form 601 construction notification filings. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2020–16202 Filed 7–24–20; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 45215 FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0411; FRS 16945] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 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 PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before September 25, 2020. 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 contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email PRA@ fcc.gov and to Nicole.Ongele@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Nicole Ongele at (202) 418–2991. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0411. SUMMARY: E:\FR\FM\27JYN1.SGM 27JYN1 jbell on DSKJLSW7X2PROD with NOTICES 45216 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices 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: 5 respondents; 13 responses. Estimated Time per Response: 1—68 hours. Frequency of Response: Recordkeeping requirement, onoccasion 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: 366 hours. Total Annual Cost: $ 97,175. Nature and Extent of Confidentiality: 47 CFR 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: Yes. 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/recordssystems.html. (b) The initial Privacy Impact Assessment (PIA) was completed on VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 May 22, 2009. Subsequent related approvals include: (1) FCC/EB–5, ‘‘EBATS,’’ on January 24, 2011: and, (2) September 21, 2017 was updated. 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 similar in many respects to the Federal Rules of Civil Procedure. See 47 CFR 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 electronically 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 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 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 roamingrelated complaint proceedings. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2020–16204 Filed 7–24–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–XXXX; FRS 16944] Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of SUMMARY: E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45215-45216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16204]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0411; FRS 16945]


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

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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

SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995, the 
Federal Communications Commission (FCC or the Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collection. 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 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 PRA that does not display a 
valid Office of Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before September 
25, 2020. 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 contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0411.

[[Page 45216]]

    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: 5 respondents; 13 responses.
    Estimated Time per Response: 1--68 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: 366 hours.
    Total Annual Cost: $ 97,175.
    Nature and Extent of Confidentiality: 47 CFR 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: Yes. 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. Subsequent related approvals include: (1) FCC/EB-5, 
``EBATS,'' on January 24, 2011: and, (2) September 21, 2017 was 
updated.
    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 similar in many respects to the Federal Rules of 
Civil Procedure. See 47 CFR 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 
electronically 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 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 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 Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-16204 Filed 7-24-20; 8:45 am]
BILLING CODE 6712-01-P
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