Notice2022-09031
Information Collection Being Submitted for Review and Approval to Office of Management and Budget
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 28, 2022
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 might "further reduce the information collection burden for small business concerns with fewer than 25 employees." 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.
Full Text
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<title>Federal Register, Volume 87 Issue 82 (Thursday, April 28, 2022)</title>
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[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25268-25269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09031]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1151; FR ID 84075]
Information Collection 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
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.'' 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.
DATES: Written comments and recommendations for the proposed
information collection should be submitted on or before May 31, 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 Nicole Ongele, FCC,
via email to <a href="/cdn-cgi/l/email-protection#9dcdcfdcddfbfefeb3faf2eb"><span class="__cf_email__" data-cfemail="2f7f7d6e6f494c4c01484059">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#aae4c3c9c5c6cf84e5c4cdcfc6cfeaccc9c984cdc5dc"><span class="__cf_email__" data-cfemail="9bd5f2f8f4f7feb5d4f5fcfef7fedbfdf8f8b5fcf4ed">[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 Nicole Ongele at (202) 418-2991.
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: 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: 3060-1151.
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; 163,876
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
[[Page 25269]]
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 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. 2022-09031 Filed 4-27-22; 8:45 am]
BILLING CODE 6712-01-P
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