Information Collections Being Reviewed by the Federal Communications Commission, 67466-67468 [2021-25820]
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
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Type of Review: Extension of a
currently approved collection.
Title: Sections 76.802 and 76.804,
Home Wiring Provisions; Section
76.613, Interference from a Multichannel Video Programming Distributor
(MVPD).
Form Number: N/A.
Respondents: Individuals or
households; Business or other for-profit
entities.
Number of Respondents and
Responses: 22,000 respondents and
253,010.
Estimated Time per Response: 0.083–
2 hours.
Frequency of Response: On occasion
reporting requirement; Recordkeeping
requirement; Annual reporting
requirement; Third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Sections 1, 4, 224, 251, 303, 601, 623,
624 and 632 of the Communications Act
of 1934, as amended.
Total Annual Burden: 36,114 hours.
Total Annual Cost: No cost.
Needs and Uses: In the Cable
Television Consumer Protection and
Competition Act of 1992, Congress
directed the FCC to adopt rules
governing the disposition of home
wiring owned by a cable operator when
a subscriber terminates service. The
rules at 76.800 et seq., implement that
directive. The intention of the rules is
to clarify the status and provide for the
disposition of existing cable operatorowned wiring in single family homes
and multiple dwelling units upon the
termination of a contract for cable
service by the home owner or MDU
owner. Section 76.613(d) requires that
when Multichannel Video Programming
Distributors (MVPDs) cause harmful
signal interference MVPDs may be
required by the District Director and/or
Resident Agent to prepare and submit a
report regarding the cause(s) of the
interference, corrective measures
planned or taken, and the efficacy of the
remedial measures.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–25822 Filed 11–24–21; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0292, OMB 3060–0743, 3060–
1151; FR ID 59383]
Information Collections 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 (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 January 25,
2022. 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, (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0292.
SUMMARY:
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Title: Part 69—Access Charges
(Section 69.605, Reporting and
Distribution of Pool Access Revenues).
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 732 respondents; 8,773
responses.
Estimated Time per Response: 0.75
hours–1 hour.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained 47 U.S.C. 154, 201, 202,
203, 205, 218 and 403 of the
Communications Act of 1934, as
amended.
Frequency of Response: Annual and
monthly reporting requirements and
third party disclosure requirement.
Total Annual Burden: 6,580 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature of Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: Section 69.605
requires that access revenues and cost
data shall be reported by participants in
association tariffs to the association for
computation of monthly pool revenues
distributions. The association shall
submit a report on or before February 1
of each calendar year describing the
association’s cost study review process
for the preceding calendar year as well
as the results of that process. For any
revisions to the cost study results made
or recommended by the association that
would change the respective carrier’s
calculated annual common line or
traffic sensitive revenue requirement by
ten percent or more, the report shall
include the following information:
(1) Name of the carrier;
(2) A detailed description of the
revisions;
(3) The amount of the revisions;
(4) The impact of the revisions on the
carrier’s calculated common line and
traffic sensitive revenue requirements;
and
(5) The carrier’s total annual common
line and traffic sensitive revenue
requirement.
The information is used by the
Commission to compute charges in
tariffs for access service (or origination
and termination) and to compute
revenue pool distributions. Neither
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process could be implemented without
this information.
OMB Control Number: 3060–0743.
Title: Implementation of the Pay
Telephone Reclassification and
Compensation Provisions of the
Telecommunications Act of 1996, CC
Docket No. 96–128.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 4,471 respondents; 10,071
responses.
Estimated Time per Response: 0.50–
100 hours.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority is contained in 47 U.S.C. 276
of the Telecommunications Act of 1996,
as amended.
Frequency of Response: On occasion,
quarterly and monthly reporting
requirements, recordkeeping
requirement and third-party disclosure
requirement.
Total Annual Burden: 118,137 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature of Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: This collection will
be submitted as an extension of a
currently approved collection to the
Office of Management and Budget
(OMB) in order to obtain the full threeyear clearance. The Commission
promulgated rules and reporting
requirements implementing section 276
of the Telecommunications Act of 1996.
Among other things, the rules: (1)
Establish fair compensation for every
completed intrastate and interstate
payphone calls; (2) discontinue
intrastate and interstate access charge
payphone service elements and
payments, and intrastate and interstate
payphone subsidies from basic
exchange services; and (3) adopt
guidelines for use by the states in
establishing public interest payphones
to be located where there would
otherwise not be a payphone. The
information collected is provided to
third parties and to ensure that
interexchange carriers, payphone
service providers (‘‘PSP’’) LECs, and the
states comply with their obligations
under the 1996 Act.
OMB Control Number: 3060–1151.
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Title: Sections 1.1411, 1.1412, and
1.1415 Pole Attachment Access
Requirements.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 1,313 respondents; 163,866
responses.
Estimated Time per Response: 0.50–6
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. 224.
Total Annual Burden: 112,534 hours.
Total Annual Cost: $6,750,000.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
No questions of a confidential nature are
asked.
Needs and Uses: The Commission is
requesting the Office of Management
and Budget (OMB) approval for this
revised information collection. In
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment, WC Docket
No. 17–84, WT Docket No. 17–70, Third
Report and Order and Declaratory
Ruling, FCC 18–111 (2018) (Order), the
Commission adopted rules that
implement the pole attachment
requirements in section 224 of the
Communications Act of 1934, as
amended. The Order substantially
revised 47 CFR 1.1411 and 1.1412. It
also added new 47 CFR 1.1415.
Section 1.1411. In the Order, the
Commission adopted a one-touch,
make-ready (OTMR) process for when a
telecommunications carrier or cable
television system (new attacher) elects
to do the work itself to prepare a utility
pole for a simple wireline attachment in
the communications space. As part of
the OTMR process, the new attacher
typically first conducts a survey of the
affected poles, giving the utility and
existing attachers a chance to be present
for the survey. New attachers must elect
the OTMR process in their pole
attachment application and must
demonstrate to the utility that the
planned work qualifies for OTMR. The
utility then must determine whether the
pole attachment application is complete
and whether the work qualifies for
OTMR, and then must either grant or
deny pole access and explain its
decision in writing. The utility also can
object to the new attacher’s
determination that the work qualifies for
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OTMR, and that objection is final and
determinative so long as it is specific
and in writing, includes all relevant
evidence and information supporting its
decision, made in good faith, and
explains how such evidence and
information relates to a determination
that the make-ready is not simple. If the
new attacher’s OTMR application is
approved, then it can proceed with
OTMR work by giving advance notice to
the utility and existing attachers and
allowing them an opportunity to be
present when OTMR work is being
done. New attachers must provide
immediate notice to affected utilities
and existing attachers if outages or
equipment damage is caused by their
OTMR work. Finally, new attachers
must provide notice to affected utilities
and existing attachers after OTMR work
is completed, allowing them to inspect
the work and request remediation, if
necessary. The Commission also
adopted changes to its existing pole
attachment timeline, which still will be
used for complex work, work above the
communications space on a utility pole,
and in situations where new attachers
do not want to elect OTMR. The
Commission largely kept the existing
pole attachment timeline intact, except
for the following changes: (1) Revising
the definition of a complete pole
attachment application and establishing
a timeline for a utility’s determination
whether an application is complete; (2)
requiring utilities to provide at least
three business days’ advance notice of
any surveys to attachers; (3) establishing
a 30-day deadline for completion of all
make-ready work in the
communications space; (4) eliminating
the 15-day utility make-ready period for
communications space attachments; (5)
streamlining the utility’s notice
requirements; (6) enhancing the new
attacher’s self-help remedy by making
the remedy available for surveys and
make-ready work for all attachments
anywhere on the pole in the event that
the utility or the existing attachers fail
to meet the required deadlines; (7)
providing notice requirements when
new attachers elect self-help, such
notices to be given when new attachers
perform self-help surveys and makeready work, when outages or equipment
damage results from self-help work, and
upon completion of self-help work to
allow for inspection; (8) allowing
utilities to meet the survey requirement
by electing to use surveys previously
prepared on the affected poles by new
attachers; and (9) requiring utilities to
provide detailed make-ready cost
estimates and final invoices on a poleby-pole basis if requested by new
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
attachers. Both utilities and existing
attachers can deviate from the existing
pole attachment make-ready timeline for
reasons of safety or service interruption
by giving written notice to the affected
parties that includes a detailed
explanation of the need for the
deviation and a new completion date.
The deviation shall be for a period no
longer than necessary to complete makeready on the affected poles, and the
deviating party shall resume make-ready
without discrimination when it returns
to routine operations.
Section 1.1412. The Commission
required utilities to make available, and
keep up-to-date, a reasonably sufficient
list of contractors that they authorize to
perform surveys and make-ready work
that are complex or involve self-help
work above the communications space
of a utility pole. Attachers can request
to add to the list any contractor that
meets certain minimum qualifications,
subject to the utility’s ability to
reasonably object. For simple work, a
utility may, but is not required, to keep
an up-to-date, reasonably sufficient list
of contractors that they authorize to
perform surveys and simple make-ready
work. For any utility-supplied
contractor list, the utility must ensure
that the contractors meet certain
minimum requirements. Attachers can
request to add to the list any contractor
that meets the minimum qualifications,
subject to the utility’s ability to
reasonably object. If the utility does not
provide a list of approved contractors
for surveys or simple make-ready, or no
utility-approved contractor is available
within a reasonable time period, then
the new attacher may choose its own
qualified contractor that meets the
minimum requirements, subject to
notice and the utility’s ability to
disqualify the chosen contractor for
reasonable safety or reliability concerns.
Section 1.1415. The Commission
codified its policy that utilities may not
require an attacher to obtain prior
approval for overlashing on an
attacher’s existing wires or for thirdparty overlashing of an existing
attachment when such overlashing is
conducted with the permission of the
existing attacher. In addition, the
Commission adopted a rule that allows
utilities to establish reasonable advance
notice requirements for overlashing (up
to 15 days’ advance notice). If a utility
requires advance notice for overlashing,
then the utility must provide existing
attachers with advance written notice of
the notice requirement or include the
notice requirement in the attachment
agreement with the existing attacher. If,
after receiving advance notice, the
utility determines that an overlash
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would create a capacity, safety,
reliability, or engineering issue, then it
must provide specific documentation of
the issue to the party seeking to overlash
within the 15-day advance notice
period, and the party seeking to
overlash must address any identified
issues before continuing with the
overlash either by modifying its
proposal or by explaining why, in the
party’s view, a modification is
unnecessary. An overlashing party must
notify the affected utility within 15 days
of completion of the overlash and
provide the affected utility at least 90
days to inspect the overlash. If damage
or code violations are discovered by the
utility during the inspection, then it
must notify the overlashing party,
provide adequate documentation of the
problem, and elect to either fix the
problem itself at the overlashing party’s
expense or require remediation by the
overlashing party.
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Federal Communications Commission.
Reserve Bank and from the Board’s
Marlene Dortch,
Freedom of Information Office at
Secretary, Office of the Secretary.
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
[FR Doc. 2021–25820 Filed 11–24–21; 8:45 am]
express their views in writing on the
BILLING CODE 6712–01–P
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
FEDERAL ELECTION COMMISSION
Reserve Bank indicated or the offices of
Sunshine Act Meeting
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
TIME AND DATE: Thursday, December 2,
Washington, DC 20551–0001, not later
2021 following the conclusion of the
than December 13, 2021.
audit hearing.
A. Federal Reserve Bank of Chicago
PLACE: Virtual meeting. Note: Because of
(Colette A. Fried, Assistant Vice
the COVID–19 pandemic, we will
President) 230 South LaSalle Street,
conduct the open meeting virtually. If
Chicago, Illinois 60690–1414:
you would like to access the meeting,
1. The Tom E. Marantz Exempt Trust
see the instructions below.
and Tom E. Marantz, as trustee, Gregory
STATUS: This meeting will be open to the Marantz, as trustee of the Gregory R.
public. To access the virtual meeting, go Marantz Spring Bancorp Irrevocable
to the Commission’s website
Trust, and Melissa Knoedler, as trustee
www.fec.gov and click on the banner to
of the Melissa L. Knoedler Spring
be taken to the meeting page.
Bancorp Irrevocable Trust, all of
Springfield, Illinois; the Marla J.
MATTERS TO BE CONSIDERED:
Marantz Exempt Trust and Marla J.
Draft Advisory Opinion 2021–11: DSCC Marantz, as trustee, both of Springfield,
and DCCC
Missouri; and Jennifer Marantz, as
trustee of the Jennifer A. Marantz Spring
Management and Administrative
Bancorp Irrevocable Trust, both of St.
Matters
Louis, Missouri; to join the Marantz
CONTACT PERSON FOR MORE INFORMATION: family control group, a group acting in
Judith Ingram, Press Officer, Telephone: concert, to acquire voting shares of
(202) 694–1220.
Spring Bancorp, Inc., and thereby
indirectly acquire voting shares of Bank
Authority: Government in the
of Springfield, both of Springfield,
Sunshine Act, 5 U.S.C. 552b.
Illinois.
Vicktoria J. Allen,
B. Federal Reserve Bank of Kansas
Acting Deputy Secretary of the Commission.
City (Jeffrey Imgarten, Assistant Vice
[FR Doc. 2021–25865 Filed 11–23–21; 11:15 am]
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
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Agencies
[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67466-67468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25820]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0292, OMB 3060-0743, 3060-1151; FR ID 59383]
Information Collections Being Reviewed by the Federal
Communications Commission
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 January
25, 2022. 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, (202) 418-2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0292.
Title: Part 69--Access Charges (Section 69.605, Reporting and
Distribution of Pool Access Revenues).
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 732 respondents; 8,773
responses.
Estimated Time per Response: 0.75 hours-1 hour.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained 47
U.S.C. 154, 201, 202, 203, 205, 218 and 403 of the Communications Act
of 1934, as amended.
Frequency of Response: Annual and monthly reporting requirements
and third party disclosure requirement.
Total Annual Burden: 6,580 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No impact(s).
Nature of Extent of Confidentiality: The Commission is not
requesting that the respondents submit confidential information to the
FCC. Respondents may, however, request confidential treatment for
information they believe to be confidential under 47 CFR 0.459 of the
Commission's rules.
Needs and Uses: Section 69.605 requires that access revenues and
cost data shall be reported by participants in association tariffs to
the association for computation of monthly pool revenues distributions.
The association shall submit a report on or before February 1 of each
calendar year describing the association's cost study review process
for the preceding calendar year as well as the results of that process.
For any revisions to the cost study results made or recommended by the
association that would change the respective carrier's calculated
annual common line or traffic sensitive revenue requirement by ten
percent or more, the report shall include the following information:
(1) Name of the carrier;
(2) A detailed description of the revisions;
(3) The amount of the revisions;
(4) The impact of the revisions on the carrier's calculated common
line and traffic sensitive revenue requirements; and
(5) The carrier's total annual common line and traffic sensitive
revenue requirement.
The information is used by the Commission to compute charges in
tariffs for access service (or origination and termination) and to
compute revenue pool distributions. Neither
[[Page 67467]]
process could be implemented without this information.
OMB Control Number: 3060-0743.
Title: Implementation of the Pay Telephone Reclassification and
Compensation Provisions of the Telecommunications Act of 1996, CC
Docket No. 96-128.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 4,471 respondents; 10,071
responses.
Estimated Time per Response: 0.50-100 hours.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority is contained in 47 U.S.C. 276 of the
Telecommunications Act of 1996, as amended.
Frequency of Response: On occasion, quarterly and monthly reporting
requirements, recordkeeping requirement and third-party disclosure
requirement.
Total Annual Burden: 118,137 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No impact(s).
Nature of Extent of Confidentiality: The Commission is not
requesting that the respondents submit confidential information to the
FCC. Respondents may, however, request confidential treatment for
information they believe to be confidential under 47 CFR 0.459 of the
Commission's rules.
Needs and Uses: This collection will be submitted as an extension
of a currently approved collection to the Office of Management and
Budget (OMB) in order to obtain the full three-year clearance. The
Commission promulgated rules and reporting requirements implementing
section 276 of the Telecommunications Act of 1996. Among other things,
the rules: (1) Establish fair compensation for every completed
intrastate and interstate payphone calls; (2) discontinue intrastate
and interstate access charge payphone service elements and payments,
and intrastate and interstate payphone subsidies from basic exchange
services; and (3) adopt guidelines for use by the states in
establishing public interest payphones to be located where there would
otherwise not be a payphone. The information collected is provided to
third parties and to ensure that interexchange carriers, payphone
service providers (``PSP'') LECs, and the states comply with their
obligations under the 1996 Act.
OMB Control Number: 3060-1151.
Title: Sections 1.1411, 1.1412, and 1.1415 Pole Attachment Access
Requirements.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 1,313 respondents; 163,866
responses.
Estimated Time per Response: 0.50-6 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. 224.
Total Annual Burden: 112,534 hours.
Total Annual Cost: $6,750,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: No questions of a
confidential nature are asked.
Needs and Uses: The Commission is requesting the Office of
Management and Budget (OMB) approval for this revised information
collection. In Accelerating Wireline Broadband Deployment by Removing
Barriers to Infrastructure Investment, WC Docket No. 17-84, WT Docket
No. 17-70, Third Report and Order and Declaratory Ruling, FCC 18-111
(2018) (Order), the Commission adopted rules that implement the pole
attachment requirements in section 224 of the Communications Act of
1934, as amended. The Order substantially revised 47 CFR 1.1411 and
1.1412. It also added new 47 CFR 1.1415.
Section 1.1411. In the Order, the Commission adopted a one-touch,
make-ready (OTMR) process for when a telecommunications carrier or
cable television system (new attacher) elects to do the work itself to
prepare a utility pole for a simple wireline attachment in the
communications space. As part of the OTMR process, the new attacher
typically first conducts a survey of the affected poles, giving the
utility and existing attachers a chance to be present for the survey.
New attachers must elect the OTMR process in their pole attachment
application and must demonstrate to the utility that the planned work
qualifies for OTMR. The utility then must determine whether the pole
attachment application is complete and whether the work qualifies for
OTMR, and then must either grant or deny pole access and explain its
decision in writing. The utility also can object to the new attacher's
determination that the work qualifies for OTMR, and that objection is
final and determinative so long as it is specific and in writing,
includes all relevant evidence and information supporting its decision,
made in good faith, and explains how such evidence and information
relates to a determination that the make-ready is not simple. If the
new attacher's OTMR application is approved, then it can proceed with
OTMR work by giving advance notice to the utility and existing
attachers and allowing them an opportunity to be present when OTMR work
is being done. New attachers must provide immediate notice to affected
utilities and existing attachers if outages or equipment damage is
caused by their OTMR work. Finally, new attachers must provide notice
to affected utilities and existing attachers after OTMR work is
completed, allowing them to inspect the work and request remediation,
if necessary. The Commission also adopted changes to its existing pole
attachment timeline, which still will be used for complex work, work
above the communications space on a utility pole, and in situations
where new attachers do not want to elect OTMR. The Commission largely
kept the existing pole attachment timeline intact, except for the
following changes: (1) Revising the definition of a complete pole
attachment application and establishing a timeline for a utility's
determination whether an application is complete; (2) requiring
utilities to provide at least three business days' advance notice of
any surveys to attachers; (3) establishing a 30-day deadline for
completion of all make-ready work in the communications space; (4)
eliminating the 15-day utility make-ready period for communications
space attachments; (5) streamlining the utility's notice requirements;
(6) enhancing the new attacher's self-help remedy by making the remedy
available for surveys and make-ready work for all attachments anywhere
on the pole in the event that the utility or the existing attachers
fail to meet the required deadlines; (7) providing notice requirements
when new attachers elect self-help, such notices to be given when new
attachers perform self-help surveys and make-ready work, when outages
or equipment damage results from self-help work, and upon completion of
self-help work to allow for inspection; (8) allowing utilities to meet
the survey requirement by electing to use surveys previously prepared
on the affected poles by new attachers; and (9) requiring utilities to
provide detailed make-ready cost estimates and final invoices on a
pole-by-pole basis if requested by new
[[Page 67468]]
attachers. Both utilities and existing attachers can deviate from the
existing pole attachment make-ready timeline for reasons of safety or
service interruption by giving written notice to the affected parties
that includes a detailed explanation of the need for the deviation and
a new completion date. The deviation shall be for a period no longer
than necessary to complete make-ready on the affected poles, and the
deviating party shall resume make-ready without discrimination when it
returns to routine operations.
Section 1.1412. The Commission required utilities to make
available, and keep up-to-date, a reasonably sufficient list of
contractors that they authorize to perform surveys and make-ready work
that are complex or involve self-help work above the communications
space of a utility pole. Attachers can request to add to the list any
contractor that meets certain minimum qualifications, subject to the
utility's ability to reasonably object. For simple work, a utility may,
but is not required, to keep an up-to-date, reasonably sufficient list
of contractors that they authorize to perform surveys and simple make-
ready work. For any utility-supplied contractor list, the utility must
ensure that the contractors meet certain minimum requirements.
Attachers can request to add to the list any contractor that meets the
minimum qualifications, subject to the utility's ability to reasonably
object. If the utility does not provide a list of approved contractors
for surveys or simple make-ready, or no utility-approved contractor is
available within a reasonable time period, then the new attacher may
choose its own qualified contractor that meets the minimum
requirements, subject to notice and the utility's ability to disqualify
the chosen contractor for reasonable safety or reliability concerns.
Section 1.1415. The Commission codified its policy that utilities
may not require an attacher to obtain prior approval for overlashing on
an attacher's existing wires or for third-party overlashing of an
existing attachment when such overlashing is conducted with the
permission of the existing attacher. In addition, the Commission
adopted a rule that allows utilities to establish reasonable advance
notice requirements for overlashing (up to 15 days' advance notice). If
a utility requires advance notice for overlashing, then the utility
must provide existing attachers with advance written notice of the
notice requirement or include the notice requirement in the attachment
agreement with the existing attacher. If, after receiving advance
notice, the utility determines that an overlash would create a
capacity, safety, reliability, or engineering issue, then it must
provide specific documentation of the issue to the party seeking to
overlash within the 15-day advance notice period, and the party seeking
to overlash must address any identified issues before continuing with
the overlash either by modifying its proposal or by explaining why, in
the party's view, a modification is unnecessary. An overlashing party
must notify the affected utility within 15 days of completion of the
overlash and provide the affected utility at least 90 days to inspect
the overlash. If damage or code violations are discovered by the
utility during the inspection, then it must notify the overlashing
party, provide adequate documentation of the problem, and elect to
either fix the problem itself at the overlashing party's expense or
require remediation by the overlashing party.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-25820 Filed 11-24-21; 8:45 am]
BILLING CODE 6712-01-P