Information Collection Being Reviewed by the Federal Communications Commission, 54318-54319 [2023-17257]
Download as PDF
54318
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1222; FR ID 162067]
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 (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.
DATES: Written PRA comments should
be submitted on or before October 10,
2023. 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: 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.
OMB Control Number: 3060–1222.
Title: Inmate Calling Services (ICS)
Provider Annual Reporting,
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:28 Aug 09, 2023
Jkt 259001
Certification, and Other Requirements,
WC Docket Nos. 23–62, 12–375, DA 23–
656.
Form Number(s): FCC Form 2301(a)
and FCC Form 2301(b).
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 30 respondents; 33
responses.
Estimated Time per Response: 5
hours–220 hours.
Frequency of Response: Annual
reporting and certification requirements,
third party disclosure and waiver
request requirements.
Obligation to Respond: Mandatory.
Statutory authority for this collection of
information is contained in sections 1,
2, 4(i)–(j), 5(c), 201(b), 218, 220, 225,
255, 276, 403, and 716 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i)–(j),
155(c), 201(b), 218, 220, 225, 255, 276,
403, and 617, and the Martha WrightReed Just and Reasonable
Communications Act of 2022, Pub. L.
117–338, 136 Stat. 6156
Total Annual Burden: 9,690 hours.
Total Annual Cost: No cost.
Needs and Uses: In 2015, the
Commission released the Second Report
and Order and Third Notice of Further
Proposed Rulemaking, WC Docket No.
12–375, 30 FCC Rcd 12763 (2015 ICS
Order), in which it required that ICS
providers file Annual Reports providing
data and other information on their ICS
operations, as well as Annual
Certifications that reported data are
complete and accurate and comply with
the Commission’s ICS rules. Pursuant to
the authority delegated it by the
Commission in the 2015 ICS Order, the
Wireline Competition Bureau (WCB)
created a standardized reporting
template (FCC Form No. 2301(a)) and a
related certification of accuracy (FCC
Form No. 2301(b)), as well as
instructions to guide providers through
the reporting process. See ICS Annual
Reporting Form Word Template
(Current), WC Docket No. 12–375
https://www.fcc.gov/general/ics-datacollections (last visited August 4, 2023)
(Word Template); ICS Annual Reporting
Form Excel Template (Current), WC
Docket No. 12–375, https://
www.fcc.gov/general/ics-datacollections (last visited August 4, 2023)
(Excel Template); ICS Annual Reporting
and Certification Instructions (Current),
WC Docket No. 12–375 https://
www.fcc.gov/general/ics-datacollections (last visited August 4, 2023)
(Instructions) (Certification
Instructions); ICS Annual Report
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Certification Form (Current), WC Docket
No. 12–375, https://www.fcc.gov/
general/ics-data-collections (last visited
August 4, 2023) (Certification Form).
In 2021, the Commission released the
Third Report and Order, Order on
Reconsideration, and Fifth Further
Notice of Proposed Rulemaking WC
Docket No. 12–375, 36 FCC Rcd 9519
(2021). The Commission revised its
rules by adopting, among other things,
lower interim rate caps for interstate
calls, new interim rate caps for
international calls, and a new rate cap
structure that requires ICS providers to
differentiate between legally mandated
and contractually required site
commissions. The revisions also
included expanded consumer disclosure
requirements, as well as new reporting
requirements for providers seeking
waivers of the Commission’s interstate
and international rates.
In 2022, the Commission released the
Fourth Report and Order and Sixth
Further Notice of Proposed Rulemaking,
WC Docket No. 12–375, FCC 22–76
(Sept. 30, 2022). The Commission
adopted numerous requirements to
improve access to communications
services for incarcerated people with
communication disabilities and
expanded the scope of the Annual
Reports to reflect these new
requirements. Specifically, the
Commission required ICS providers to
report, at a minimum, for each facility
served, the types of telecommunications
relay services (TRS) that can be accessed
from the facility and the number of
completed calls and complaints for
TTY-to-TTY calls, ASL point-to-point
video calls, and each type of TRS for
which access is provided. The
Commission also eliminated the safe
harbor, adopted in 2015, that had
exempted ICS providers from any TRSrelated reporting requirements if they
either (1) operated in a facility that
allowed the offering of additional forms
of TRS beyond those mandated by the
Commission or (2) had not received any
complaints related to TRS calls. The
Commission found that the safe harbor
was no longer appropriate given the
expanded reporting requirement for
additional forms of TRS, and the
importance of transparency regarding
the state of accessible communications
in incarceration settings.
The Commission also specified a
number of provider obligations relating
to access to and the provision of TRS.
For instance, the Commission required,
among other things, that an ICS provider
must work with correctional authorities,
equipment vendors, and TRS providers
to ensure that screen-equipped
communications devices such as tablets,
E:\FR\FM\10AUN1.SGM
10AUN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices
smartphones, or videophones are
available to incarcerated people who
need to use TRS for effective
communication, and all necessary TRS
provider software applications are
included, with any adjustments needed
to meet the security needs of the
institution. The Commission required
that providers ensure compatibility with
institutional communication systems
and allow operability over the inmate
calling services provider’s network.
On January 5, 2023, the President
signed into law the Martha Wright-Reed
Just and Reasonable Communications
Act of 2022, Public Law 117–338, 136
Stat. 6156 (the Martha Wright-Reed Act
or the Act), expanding the
Commission’s statutory authority over
communications services between
incarcerated people and the nonincarcerated to include ‘‘any audio or
video communications service used by
inmates . . . regardless of the
technology used.’’ The new Act also
amends section 2(b) of the
Communications Act of 1934, as
amended (the Communications Act) to
make clear that the Commission’s
authority extends to intrastate as well as
interstate and international
communications services used by
incarcerated people.
The Act directs the Commission to
‘‘promulgate any regulations necessary
to implement’’ the statutory provisions,
including its mandate that the
Commission establish a ‘‘compensation
plan’’ ensuring that all rates and charges
for IPCS ‘‘are just and reasonable,’’ not
earlier than 18 months and not later
than 24 months after its January 5, 2023
enactment. The Act also requires the
Commission to consider, as part of its
implementation, the costs of
‘‘necessary’’ safety and security
measures, as well as ‘‘differences in
costs’’ based on facility size, or ‘‘other
characteristics.’’ It also allows the
Commission to ‘‘use industry-wide
average costs of telephone service and
advanced communications services and
the average costs of service a
communications service provider’’ in
determining just and reasonable rates.
On March 17, 2023, pursuant to the
directive that the Commission
implement the new Act and establish
just and reasonable rates for IPCS
services, the Commission released
Incarcerated People’s Communications
Services; Implementation of the Martha
Wright-Reed Act; Rates for Interstate
Inmate Calling Services, WC Docket
Nos. 23–62, 12–375, Notice of Proposed
Rulemaking and Order, FCC 23–19, 88
FR 20804 (2023 IPCS Notice) and 88 FR
19001 (Order) (2023 IPCS Order). The
Commission sought comment on how to
VerDate Sep<11>2014
17:28 Aug 09, 2023
Jkt 259001
interpret the Act’s language to ensure
that the Commission implements the
statute in a manner that fulfills
Congress’s intent. Because the
Commission is now required or allowed
to consider certain types of costs, the
Act contemplates that it would
undertake an additional data collection.
To ensure that it has the data necessary
to meet its substantive and procedural
responsibilities under the Act, the
Commission adopted the 2023 IPCS
Order delegating authority to WCB and
the Office of Economics and Analytics
(OEA) to modify the template and
instructions for the most recent data
collection to the extent appropriate to
timely collect such information to cover
the additional services and providers
now subject to the Commission’s
authority. On April 28, 2023, WCB and
OEA issued a Public Notice seeking
comment on all aspects of the proposed
data collection. WCB and OEA Seek
Comment on Proposed 2023 Mandatory
Data Collection for Incarcerated
People’s Communication Services, WC
Docket Nos. 23–62, 12–375, Public
Notice, DA 23–355 (WCB/OEA Apr. 28,
2023). On July 26, 2023, WCB and OEA
released an Order adopting instructions,
a reporting template, and a certification
form to implement the 2023 Mandatory
Data Collection. Incarcerated People’s
Communications Services;
Implementation of the Martha WrightReed Act, Rates for Interstate Inmate
Calling Services, WC Docket Nos. 23–62,
12–375, Order, DA 23–638 (July 26,
2023).
In the 2023 IPCS Order, the
Commission also reaffirmed and
updated its prior delegation of authority
to WCB and the Consumer and
Governmental Affairs Bureau (CGB)
(collectively, the Bureaus) to revise the
instructions and reporting templates for
the Annual Reports. Specifically, the
Commission delegated to the Bureaus
the authority to modify, supplement,
and update the instructions and
templates for the Annual Reports, as
appropriate, to supplement the
information the Commission will
receive in response to the 2023
Mandatory Data Collection.
On August 3, 2023, the Bureaus
issued a Public Notice seeking comment
on proposed revisions to the
instructions, template, and certification
form for the Annual Reports, https://
www.fcc.gov/proposed-2023-ipcsannual-reports, which are necessary to
reflect the revised rules improving
access to communications services for
incarcerated people with
communication disabilities adopted in
the 2022 ICS Order and to help
implement the Martha Wright-Reed Act
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
54319
to ensure just and reasonable rates for
consumers and fair compensation for
providers. Wireline Competition Bureau
and Consumer and Governmental
Affairs Bureau Seek Comment on
Revisions to IPCS Providers’ Annual
Reporting and Certification
Requirements, Public Notice, WC
Docket Nos. 23–62, 12–375, DA 23–656
(Aug. 3, 2023). https://www.fcc.gov/
document/2023-incarcerated-peoplescommunications-services-annualreports-pn.
Notice of this document will be
published in the Federal Register. The
Bureaus will consider comments
submitted in response to the Public
Notice in addition to comments
submitted in response to this 60-Day
Notice in finalizing this information
collection prior to submitting the
documents to the Office of Management
and Budget.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023–17257 Filed 8–9–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[Docket Number CDC–2023–0057, NIOSH–
156–F]
Request for Public Comment on the
Draft Immediately Dangerous to Life or
Health (IDLH) Value Document for
Hydrogen Chloride
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Request for comment.
AGENCY:
The National Institute for
Occupational Safety and Health
(NIOSH) in the Centers for Disease
Control and Prevention (CDC), an
Operating Division of the Department of
Health and Human Services (HHS),
requests public comment and technical
review on the draft Immediately
Dangerous to Life or Health (IDLH)
Value Profile document for the chemical
hydrogen chloride (CAS# 7647–01–0).
DATES: Electronic or written comments
must be received by October 10, 2023.
ADDRESSES: You may submit comments,
identified by docket number CDC–
2023–0057 and docket number NIOSH–
156–F, by either of the following
methods:
SUMMARY:
E:\FR\FM\10AUN1.SGM
10AUN1
Agencies
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54318-54319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17257]
[[Page 54318]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1222; FR ID 162067]
Information Collection 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.
DATES: Written PRA comments should be submitted on or before October
10, 2023. 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: 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.
OMB Control Number: 3060-1222.
Title: Inmate Calling Services (ICS) Provider Annual Reporting,
Certification, and Other Requirements, WC Docket Nos. 23-62, 12-375, DA
23-656.
Form Number(s): FCC Form 2301(a) and FCC Form 2301(b).
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 30 respondents; 33 responses.
Estimated Time per Response: 5 hours-220 hours.
Frequency of Response: Annual reporting and certification
requirements, third party disclosure and waiver request requirements.
Obligation to Respond: Mandatory. Statutory authority for this
collection of information is contained in sections 1, 2, 4(i)-(j),
5(c), 201(b), 218, 220, 225, 255, 276, 403, and 716 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-(j),
155(c), 201(b), 218, 220, 225, 255, 276, 403, and 617, and the Martha
Wright-Reed Just and Reasonable Communications Act of 2022, Pub. L.
117-338, 136 Stat. 6156
Total Annual Burden: 9,690 hours.
Total Annual Cost: No cost.
Needs and Uses: In 2015, the Commission released the Second Report
and Order and Third Notice of Further Proposed Rulemaking, WC Docket
No. 12-375, 30 FCC Rcd 12763 (2015 ICS Order), in which it required
that ICS providers file Annual Reports providing data and other
information on their ICS operations, as well as Annual Certifications
that reported data are complete and accurate and comply with the
Commission's ICS rules. Pursuant to the authority delegated it by the
Commission in the 2015 ICS Order, the Wireline Competition Bureau (WCB)
created a standardized reporting template (FCC Form No. 2301(a)) and a
related certification of accuracy (FCC Form No. 2301(b)), as well as
instructions to guide providers through the reporting process. See ICS
Annual Reporting Form Word Template (Current), WC Docket No. 12-375
https://www.fcc.gov/general/ics-data-collections (last visited August
4, 2023) (Word Template); ICS Annual Reporting Form Excel Template
(Current), WC Docket No. 12-375, https://www.fcc.gov/general/ics-data-collections (last visited August 4, 2023) (Excel Template); ICS Annual
Reporting and Certification Instructions (Current), WC Docket No. 12-
375 https://www.fcc.gov/general/ics-data-collections (last visited
August 4, 2023) (Instructions) (Certification Instructions); ICS Annual
Report Certification Form (Current), WC Docket No. 12-375, https://www.fcc.gov/general/ics-data-collections (last visited August 4, 2023)
(Certification Form).
In 2021, the Commission released the Third Report and Order, Order
on Reconsideration, and Fifth Further Notice of Proposed Rulemaking WC
Docket No. 12-375, 36 FCC Rcd 9519 (2021). The Commission revised its
rules by adopting, among other things, lower interim rate caps for
interstate calls, new interim rate caps for international calls, and a
new rate cap structure that requires ICS providers to differentiate
between legally mandated and contractually required site commissions.
The revisions also included expanded consumer disclosure requirements,
as well as new reporting requirements for providers seeking waivers of
the Commission's interstate and international rates.
In 2022, the Commission released the Fourth Report and Order and
Sixth Further Notice of Proposed Rulemaking, WC Docket No. 12-375, FCC
22-76 (Sept. 30, 2022). The Commission adopted numerous requirements to
improve access to communications services for incarcerated people with
communication disabilities and expanded the scope of the Annual Reports
to reflect these new requirements. Specifically, the Commission
required ICS providers to report, at a minimum, for each facility
served, the types of telecommunications relay services (TRS) that can
be accessed from the facility and the number of completed calls and
complaints for TTY-to-TTY calls, ASL point-to-point video calls, and
each type of TRS for which access is provided. The Commission also
eliminated the safe harbor, adopted in 2015, that had exempted ICS
providers from any TRS-related reporting requirements if they either
(1) operated in a facility that allowed the offering of additional
forms of TRS beyond those mandated by the Commission or (2) had not
received any complaints related to TRS calls. The Commission found that
the safe harbor was no longer appropriate given the expanded reporting
requirement for additional forms of TRS, and the importance of
transparency regarding the state of accessible communications in
incarceration settings.
The Commission also specified a number of provider obligations
relating to access to and the provision of TRS. For instance, the
Commission required, among other things, that an ICS provider must work
with correctional authorities, equipment vendors, and TRS providers to
ensure that screen-equipped communications devices such as tablets,
[[Page 54319]]
smartphones, or videophones are available to incarcerated people who
need to use TRS for effective communication, and all necessary TRS
provider software applications are included, with any adjustments
needed to meet the security needs of the institution. The Commission
required that providers ensure compatibility with institutional
communication systems and allow operability over the inmate calling
services provider's network.
On January 5, 2023, the President signed into law the Martha
Wright-Reed Just and Reasonable Communications Act of 2022, Public Law
117-338, 136 Stat. 6156 (the Martha Wright-Reed Act or the Act),
expanding the Commission's statutory authority over communications
services between incarcerated people and the non-incarcerated to
include ``any audio or video communications service used by inmates . .
. regardless of the technology used.'' The new Act also amends section
2(b) of the Communications Act of 1934, as amended (the Communications
Act) to make clear that the Commission's authority extends to
intrastate as well as interstate and international communications
services used by incarcerated people.
The Act directs the Commission to ``promulgate any regulations
necessary to implement'' the statutory provisions, including its
mandate that the Commission establish a ``compensation plan'' ensuring
that all rates and charges for IPCS ``are just and reasonable,'' not
earlier than 18 months and not later than 24 months after its January
5, 2023 enactment. The Act also requires the Commission to consider, as
part of its implementation, the costs of ``necessary'' safety and
security measures, as well as ``differences in costs'' based on
facility size, or ``other characteristics.'' It also allows the
Commission to ``use industry-wide average costs of telephone service
and advanced communications services and the average costs of service a
communications service provider'' in determining just and reasonable
rates.
On March 17, 2023, pursuant to the directive that the Commission
implement the new Act and establish just and reasonable rates for IPCS
services, the Commission released Incarcerated People's Communications
Services; Implementation of the Martha Wright-Reed Act; Rates for
Interstate Inmate Calling Services, WC Docket Nos. 23-62, 12-375,
Notice of Proposed Rulemaking and Order, FCC 23-19, 88 FR 20804 (2023
IPCS Notice) and 88 FR 19001 (Order) (2023 IPCS Order). The Commission
sought comment on how to interpret the Act's language to ensure that
the Commission implements the statute in a manner that fulfills
Congress's intent. Because the Commission is now required or allowed to
consider certain types of costs, the Act contemplates that it would
undertake an additional data collection. To ensure that it has the data
necessary to meet its substantive and procedural responsibilities under
the Act, the Commission adopted the 2023 IPCS Order delegating
authority to WCB and the Office of Economics and Analytics (OEA) to
modify the template and instructions for the most recent data
collection to the extent appropriate to timely collect such information
to cover the additional services and providers now subject to the
Commission's authority. On April 28, 2023, WCB and OEA issued a Public
Notice seeking comment on all aspects of the proposed data collection.
WCB and OEA Seek Comment on Proposed 2023 Mandatory Data Collection for
Incarcerated People's Communication Services, WC Docket Nos. 23-62, 12-
375, Public Notice, DA 23-355 (WCB/OEA Apr. 28, 2023). On July 26,
2023, WCB and OEA released an Order adopting instructions, a reporting
template, and a certification form to implement the 2023 Mandatory Data
Collection. Incarcerated People's Communications Services;
Implementation of the Martha Wright-Reed Act, Rates for Interstate
Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Order, DA 23-638
(July 26, 2023).
In the 2023 IPCS Order, the Commission also reaffirmed and updated
its prior delegation of authority to WCB and the Consumer and
Governmental Affairs Bureau (CGB) (collectively, the Bureaus) to revise
the instructions and reporting templates for the Annual Reports.
Specifically, the Commission delegated to the Bureaus the authority to
modify, supplement, and update the instructions and templates for the
Annual Reports, as appropriate, to supplement the information the
Commission will receive in response to the 2023 Mandatory Data
Collection.
On August 3, 2023, the Bureaus issued a Public Notice seeking
comment on proposed revisions to the instructions, template, and
certification form for the Annual Reports, https://www.fcc.gov/proposed-2023-ipcs-annual-reports, which are necessary to reflect the
revised rules improving access to communications services for
incarcerated people with communication disabilities adopted in the 2022
ICS Order and to help implement the Martha Wright-Reed Act to ensure
just and reasonable rates for consumers and fair compensation for
providers. Wireline Competition Bureau and Consumer and Governmental
Affairs Bureau Seek Comment on Revisions to IPCS Providers' Annual
Reporting and Certification Requirements, Public Notice, WC Docket Nos.
23-62, 12-375, DA 23-656 (Aug. 3, 2023). https://www.fcc.gov/document/2023-incarcerated-peoples-communications-services-annual-reports-pn.
Notice of this document will be published in the Federal Register.
The Bureaus will consider comments submitted in response to the Public
Notice in addition to comments submitted in response to this 60-Day
Notice in finalizing this information collection prior to submitting
the documents to the Office of Management and Budget.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-17257 Filed 8-9-23; 8:45 am]
BILLING CODE 6712-01-P