Notice2021-26210
Information Collections Being Submitted for Review and Approval to Office of Management and Budget
Primary source
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Published
December 2, 2021
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, 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. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it can further reduce the information collection burden for small business concerns with fewer than 25 employees.
Full Text
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<title>Federal Register, Volume 86 Issue 229 (Thursday, December 2, 2021)</title>
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[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Notices]
[Pages 68493-68497]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26210]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-XXXX and OMB 3060-0463; FR ID 60521]
Information Collections Being Submitted for Review and Approval
to Office of Management and Budget
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
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. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
can
[[Page 68494]]
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
DATES: Written comments and recommendations for the proposed
information collection should be submitted on or before January 3,
2022.
ADDRESSES: Comments should be sent to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Your comment must be submitted into
<a href="http://www.reginfo.gov">www.reginfo.gov</a> per the above instructions for it to be considered. In
addition to submitting in <a href="http://www.reginfo.gov">www.reginfo.gov</a> also send a copy of your
comment on the proposed information collection to Cathy Williams, FCC,
via email to <a href="/cdn-cgi/l/email-protection#2e7e7c6f6e484d4d00494158"><span class="__cf_email__" data-cfemail="c090928180a6a3a3eea7afb6">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#541735203c2d7a033d38383d353927143237377a333b22"><span class="__cf_email__" data-cfemail="773416031f0e59201e1b1b1e161a043711141459101801">[email protected]</span></a>. Include in the
comments the OMB control number as shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR)
submitted to OMB: (1) Go to the web page <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>, (2) look for the section of the web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: The Commission may not conduct or sponsor a
collection of information unless it displays a currently valid Office
of Management and Budget (OMB) 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 OMB
control number.
As part of its continuing effort to reduce paperwork burdens, as
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to
take this opportunity to comment on the following information
collection. Comments are requested concerning: (a) 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; (b) the accuracy of the Commission's
burden estimates; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) 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. Pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks
specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
OMB Control Number: 3060-0463.
Title: Telecommunications Relay Services and Speech-to-Speech
Services for Individuals with Hearing and Speech Disabilities;
Structure and Practices of the Video Relay Service Program; Misuse of
Internet Protocol (IP) Captioned Telephone Service, CG Docket Nos. 03-
123, 10-51, and 13-24.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit; Individuals or
household; State, Local and Tribal Government.
Number of Respondents and Responses: 5,072 respondents; 7,988
responses.
Estimated Time per Response: 0.1 hours (6 minutes) to 80 hours.
Frequency of Response: Annually, semi-annually, eight times a year,
monthly, on occasion, one-time, and quarterly reporting requirements;
Recordkeeping and Third-Party Disclosure requirements.
Obligation to Respond: Required to obtain or retain benefit. The
statutory authority for the information collection requirements is
found at section 225 of the Communications Act, 47 U.S.C. 225. The law
was enacted on July 26, 1990, in Title IV of the Americans with
Disabilities Act of 1990, Public Law 101-336, 104 Stat. 327, 366-69.
Total Annual Burden: 14,524 hours.
Total Annual Cost: $291,700.
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's updated
system of records notice (SORN), FCC/CGB-1, ``Informal Complaints,
Inquiries, and Requests for Dispute Assistance.'' As required by the
Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/
CGB-1 ``Informal Complaints, Inquiries, and Requests for Dispute
Assistance,'' in the Federal Register on August 15, 2014 (79 FR 48152)
which became effective on September 24, 2014.
Privacy Impact Assessment: The FCC completed a Privacy Impact
Assessment (PIA) on June 28, 2007. It may be reviewed at <a href="https://www.fcc.gov/general/privacy-act-information#pia">https://www.fcc.gov/general/privacy-act-information#pia</a>. The Commission is in
the process of updating the PIA to incorporate various revisions to it
as a result of revisions to the SORN.
Needs and Uses: On December 21, 2001, the Commission released the
2001 TRS Cost Recovery Order, document FCC 01-371, published at 67 FR
4203, January 29, 2002, in which the Commission, among other things:
(1) Required internet-based TRS providers to submit certain
projected TRS-related cost and demand data to the TRS Fund
administrator to be used to calculate the rate; and
(2) directed the TRS Fund administrator to expand its data
collection forms accordingly.
In 2003, the Commission released the 2003 Second Improved TRS
Order, published at 68 FR 50973, August 25, 2003, which among other
things required that TRS providers offer certain local exchange carrier
(LEC)-based improved services and features where technologically
feasible, including a speed dialing requirement which may entail
voluntary recordkeeping for TRS providers to maintain a list of
telephone numbers. See also 47 CFR 64.604(a)(3)(vi)(B).
In 2007, the Commission released the Section 225/255 VoIP Report
and Order, published at 72 FR 43546, August 6, 2007, extending the
disability access requirements that apply to telecommunications service
providers and equipment manufacturers under 47 U.S.C. 225, 255 to
interconnected voice over internet protocol (VoIP) service providers
and equipment manufacturers. As a result, under rules implementing
section 225 of the Act, interconnected VoIP service providers are
required to publicize information about telecommunications relay
services (TRS) and 711 abbreviated dialing access to TRS. See also 47
CFR 64.604(c)(3).
In 2007, the Commission also released the 2007 Cost Recovery Report
and Order and Declaratory Ruling, published at 73 FR 3197, January 17,
2008, in which the Commission:
(1) Adopted a new cost recovery methodology for interstate
traditional TRS, interstate speech-to-speech service (STS), captioned
telephone service (CTS), and Internet Protocol captioned telephone
service (IP CTS) based on the
[[Page 68495]]
Multi-state Average Rate Structure (MARS) plan, under which interstate
TRS compensation rates are determined by weighted average of the
states' intrastate compensation rates, and which includes for STS
additional compensation approved by the Commission for STS outreach;
(2) adopted a cost recovery methodology for Internet Protocol (IP)
Relay based on a price cap like methodology;
(3) adopted a cost recovery methodology for video relay service
(VRS) that adopted tiered rates based on call volume;
(4) clarified the nature and extent that certain categories of
costs are compensable from the Fund; and
(5) addressed certain issues concerning the management and
oversight of the Fund, including prohibiting financial incentives
offered to consumers to make relay calls.
The 2007 TRS Cost Recovery Order requires that state relay
administrators and TRS providers submit to the TRS Fund administrator
the following information annually, for intrastate traditional TRS,
STS, and CTS:
(1) The per-minute compensation rate(s) and other compensation
received for the provision of TRS;
(2) whether the rate applies to session minutes or conversation
minutes, which are a subset of session minutes;
(3) the number of intrastate session minutes; and
(4) the number of intrastate conversation minutes.
Also, STS providers must file a report annually with the TRS Fund
administrator and the Commission on their specific outreach efforts
directly attributable to the additional compensation approved by the
Commission for STS outreach.
In 2011, to help prevent waste, fraud, and abuse, the Commission
adopted three VRS orders to curtail these harmful practices. Each of
these orders (collectively, the 2011 VRS Orders) included information
collection requirements.
On April 6, 2011, in document FCC 11-54, the Commission released
the 2011 Fraud Prevention Order, published at 76 FR 30841, May 27,
2011, which included several measures designed to eliminate the waste,
fraud and abuse, while ensuring that VRS remains a viable and a
valuable communication tool for Americans who use it on a daily basis.
On July 28, 2011, in document FCC 11-118 the Commission released
the VRS Certification Order, published at 76 FR 47469, August 5, 2011,
amending its rules for certifying internet-based TRS providers as
eligible for payment from the Interstate TRS Fund (Fund) for their
provision of internet-based TRS. On October 17, 2011, in document FCC
11-155, the Commission released the Second VRS Certification Order,
published at 76 FR 67070, October 31, 2011, addressing three petitions
related to the VRS Certification Order by revising the burdens
contained in the requirements for the submission of documentation of a
provider's VRS equipment and technologies and the submission of
documentation regarding sponsorship arrangements.
The following are the final information collection requirements
contained in the 2011 VRS Orders:
(1) The Chief Executive Officer (CEO), Chief Financial Officer
(CFO), or other senior executive of a TRS provider shall certify, under
penalty of perjury, that: (1) Minutes submitted to the Interstate TRS
Fund (Fund) administrator for compensation were handled in compliance
with the Commission's rules and are not the result of impermissible
financial incentives to generate calls, and (2) cost and demand data
submitted to the Fund administrator related to the determination of
compensation rates are true and correct.
(2) VRS providers shall: (a) Submit to the Commission and the TRS
Fund administrator a call center report twice a year and (b) notify the
Commission and the TRS Fund administrator at least 30 days prior to any
change to their call centers' locations.
(3) VRS providers shall submit detailed call data records (CDRs)
and speed of answer compliance data to the Fund administrator.
(4) TRS providers shall use an automated record keeping system to
capture the CDRs and shall submit such data electronically in
standardized form to the TRS Fund administrator.
(5) Internet-based TRS providers shall retain the CDRs that are
used to support payment claims submitted to the Fund administrator for
a minimum of five years, in an electronic format.
(6) VRS providers shall: (a) Maintain copies of all third-party
contracts or agreements and make them available to the Commission and
the TRS Fund administrator upon request; and (b) describe all
agreements in connection with marketing and outreach activities in
their annual submissions to the TRS Fund administrator.
(7) TRS providers shall provide information about their TRS
whistleblower protections to all employees and contractors, in writing.
In 2018, the Commission released the IP CTS Modernization Order,
published at 83 FR 30082, June 27, 2018, in which the Commission:
(1) Determined that it would transition the methodology for IP CTS
cost recovery from the MARS plan to cost-based rates and adopted
interim rates; and
(2) added two cost reporting requirements for IP CTS providers: (i)
In annual cost data filings and supplementary information provided to
the TRS Fund administrator, IP CTS providers that contract for the
supply of services used in the provision of TRS, shall include
information about payments under such contracts, classified according
to the substantive cost categories specified by the TRS Fund
administrator; and (ii) in the course of an audit or otherwise upon
demand, IP CTS providers must make available any relevant
documentation. 47 CFR 64.604(c)(5)(iii)(D)(1), (6).
OMB Control Number: 3060-XXXX.
Title: Section 20.23(b)(1), (3)-(5), (7); (c)(1)-(2), (3),
(3)(iii)-(iv), (4)(i)-(ii), (v); and (d), Contraband wireless devices
in correctional facilities.
Form Number: N/A.
Type of Review: New information collection.
Respondents: Business or other for-profit entities, and state,
local or tribal governments.
Estimated Number of Respondents and Responses: 531 respondents and
16,389 responses.
Estimated Time per Response: 1-10 hours.
Frequency of Response: One-time application and self-certification
response, one-time DCFO authorization request response, on occasion
qualifying request response, on occasion reversal response,
recordkeeping requirement, third party notification requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for the currently approved information collection
is contained in sections 1, 2, 4(i), 4(j), 301, 302, 303, 307, 308,
309, 310, and 332 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 152, 154(i), 154(j), 301, 302a, 303, 307, 308, 309, 310,
and 332.
Estimated Total Annual Burden: 142,568 hours.
Total Annual Costs: No costs.
Nature and Extent of Confidentiality: Certain information collected
during the CIS application and certification process will be treated as
confidential from public inspection. To the extent necessary,
respondents may request confidential treatment of information
collected. See 47 CFR 0.459.
Privacy Act Impact Assessment: No impact(s).
[[Page 68496]]
Needs and Uses: On July 13, 2021, the Commission released a Second
Report and Order and Second Further Notice of Proposed Rulemaking,
Promoting Technological Solutions to Combat Contraband Wireless Devices
in Correctional Facilities, GN Docket No. 13-111, in which the
Commission took further steps to facilitate the deployment and
viability of technological solutions used to combat contraband wireless
devices in correctional facilities. In the Second Report and Order, the
Commission adopted a framework requiring the disabling of contraband
wireless devices detected in correctional facilities upon satisfaction
of certain criteria. The Commission further addressed issues involving
oversight, wireless provider liability, and treatment of 911 calls.
Finally, the Commission adopted rules requiring advance notice of
certain wireless provider network changes to promote and maintain
contraband interdiction system effectiveness.
In establishing rules requiring wireless providers to disable
contraband wireless devices in correctional facilities and adopting a
framework to enable designated correctional facility officials (DCFOs)
relying on an authorized Contraband Interdiction System (CIS) to submit
qualifying requests to wireless providers to disable contraband
wireless devices in qualifying correctional facilities, the Commission
found that a rules-based process will provide a valuable additional
tool for departments of corrections to address contraband wireless
device use. The framework includes a two-phase authorization process:
(1) CIS applicants will submit applications to the Wireless
Telecommunications Bureau (Bureau) describing the legal and technical
qualifications of the systems; and (2) CIS applicants will perform on-
site testing of approved CISs at individual correctional facilities and
file a self-certification with the Commission. After both phases are
complete, DCFOs will be authorized to submit qualifying requests to
wireless providers to disable contraband devices using approved CISs at
each correctional facility. In addition, the Commission adopted rules
requiring wireless providers to notify certain types of CIS operators
of major technical changes to ensure that CIS effectiveness is
maintained. The Commission found that these rules will provide law
enforcement with the tools necessary to disable contraband wireless
devices, which, in turn, will help combat the serious threats posed by
the illegal use of such devices.
The new information collection in 47 CFR 20.23(b)(1) regarding the
application to obtain new CIS certification will be used by the Bureau
to determine whether to certify a system and ensure that the systems
are designed to support operational readiness and minimize the risk of
disabling a non-contraband device, and ensure, to the greatest extent
possible, that only devices that are in fact contraband will be
identified for disabling. Bureau certification will also enable
targeted industry review of solutions by allowing interested
stakeholders to provide feedback on the application for certification,
including the proposed test plan.
The new collections in 47 CFR 20.23(b)(3) include the requirement
that the CIS operator must file with the Bureau a self-certification
that complies with paragraph (b)(3)(ii) of section 20.23, confirming
that the testing at that specific correctional facility is complete and
successful, and the CIS operator must serve notice of the testing on
all relevant wireless providers prior to testing and provide such
wireless providers a reasonable opportunity to participate in the
tests. Self-certification will help the Bureau to ensure that
qualifying requests identify contraband wireless devices accurately and
in accordance with legal requirements. In addition to being used by the
Bureau, the self-certification will be relied upon by the DCFO in
conjunction with qualifying requests for disabling at a particular
correctional facility. The serving of notice to the wireless providers
will give them awareness and an opportunity to participate in the
process.
The new information collections in 47 CFR 20.23(b)(4) requires that
wireless providers objecting to the certification filing submit
objections to the Bureau within five business days and serve the DCFO
and the CIS operator, which allows all stakeholders to participate in
the process and raise objections. Section 20.23(b)(5) requires that CIS
operators retest and recertify their systems at least every three years
and comply with the same requirements as for initial self-
certification. This requirement will enable the Bureau to ensure the
ongoing accuracy and reliability of a given CIS at a particular
facility. Section 20.23(b)(7) requires that a CIS operator retain
records for at least five years and provide them upon request to the
Bureau, which will support the Bureau's efforts to identify issues with
CIS operations, resolve interference issues, and resolve complaints
related to misidentification of contraband devices.
The new collections in 47 CFR 20.23(c)(1)-(2) include the
requirement that individuals that seek to be recognized on the
Commission's DCFO list must sent a letter to the Contraband
Ombudsperson in order for the Commission to approve that person for the
qualified DCFO list and provide certainty to wireless providers that
disabling requests are made by duly authorized individuals. Qualifying
requests that include the required information will be used by wireless
carriers to prevent use of contraband devices on their network and on
other wireless provider networks.
The new collections 47 CFR 20.23(c)(3)(iii)-(iv) provide that, upon
receiving a disabling request from a DCFO, the wireless provider must
verify the request, may reject the request and must notify the DCFO
whether it is accepting or rejecting the request. This process ensures
that a wireless provider responds to a DCFO within a reasonable
timeframe--while giving the provider an opportunity to determine if
there is an error--and to give the DCFO time to respond quickly if the
request has been rejected. The wireless provider may contact the
customer of record to notify them of the disabling and involve them in
the process.
The new collections in 47 CFR 20.23(c)(4) provide that a wireless
provider may reverse a disabled device where it determines that the
device was erroneously identified as contraband, and the wireless
provider must notify the DCFO of the reversal. The wireless provider
may choose to involve the DCFO in the review and reversal process. The
DCFO must also provide notice to the Contraband Ombudsperson of the
number of erroneously disabled devices. This process ensures the
integrity of the contraband device disabling process by giving the
wireless provider the opportunity to reverse a disabled device--with
the ability to extend review to the DCFO--and by creating safeguards to
make sure that the process is efficient and reliable.
The new collections in 47 CFR 20.23(d) regarding notification from
CMRS licensees to MAS operators of technical changes to their network
are required so that MAS operators are given sufficient time to make
necessary adjustments to maintain the effectiveness of their
interdiction systems. In order to ensure that issues regarding
notification to solutions providers of more frequent, localized
wireless provider network changes are appropriately considered, CMRS
licensees and MAS operators must negotiate in good faith to reach an
agreement for notification for those
[[Page 68497]]
types of network adjustments not covered by the notice requirement.
CMRS licensees must provide notice of technical changes associated with
an emergency immediately after the exigency to ensure that MAS
operators continue to be notified of network changes that could impact
MAS effectiveness.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-26210 Filed 12-1-21; 8:45 am]
BILLING CODE 6712-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.