Notice2023-08386
Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority
Primary source
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Published
April 20, 2023
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: whether the proposed collection of 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 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 88 Issue 76 (Thursday, April 20, 2023)</title>
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[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24421-24422]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08386]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1243; FR ID 136825]
Information Collections Being Reviewed by the Federal
Communications Commission Under Delegated Authority
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,
and as required by the Paperwork Reduction Act of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. Comments are
requested concerning: whether the proposed collection of 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 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 PRA comments should be submitted on or before June 20,
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 Cathy Williams, FCC, via email to
<a href="/cdn-cgi/l/email-protection#e2b2b0a3a2848181cc858d94"><span class="__cf_email__" data-cfemail="feaeacbfbe989d9dd0999188">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#733012071b0a5d241a1f1f1a121e00331510105d141c05"><span class="__cf_email__" data-cfemail="c182a0b5a9b8ef96a8adada8a0acb281a7a2a2efa6aeb7">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1243.
Title: Sections 1.9020(n), 1.9030(m), 1.9035(o), Community
notification requirement for certain contraband interdiction systems;
Section 20.18(r), Contraband Interdiction System (CIS) requirement;
Section 20.23(a), good faith negotiations.
Form Number: N/A.
Respondents: Businesses or other for-profit entities and state,
local or Tribal Governments.
Type of Review: Extension of a currently approved collection.
Number of Respondents and Responses: 25 respondents and 66
responses.
Estimated Time per Response: 8-16 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: There is no obligation to respond; response
required to obtain benefits. The statutory authority for this
collection is contained in 47 U.S.C. 151, 152, 154(i), 154(j), 301,
302a, 303, 307, 308, 309, 310, and 332.
Total Annual Burden: 664 hours.
Total Annual Cost: No cost.
Needs and Uses: On March 24, 2017, the Federal Communications
Commission released a Report and Order, Promoting Technological
Solutions to Combat Contraband Wireless Devices in Correctional
Facilities, GN Docket No. 13-111, FCC 17-25 (Report and Order), in
which the Commission took important steps to help law enforcement
combat the serious threats posed by the illegal use of contraband
wireless devices by inmates. Across the country, inmates have used
contraband devices to order hits, run drug operations, operate phone
scams, and otherwise engage in criminal activity that endangers prison
employees, other inmates, and innocent members of the public. In the
Report and Order, the Commission streamlined the process of deploying
contraband wireless device interdiction systems--systems that use radio
communications signals requiring Commission authorization--in
correctional facilities. The action will reduce the cost of deploying
solutions and ensure that they can be deployed more quickly and
efficiently. In particular, the Commission waived certain filing
requirements and provided for immediate approval of the spectrum lease
applications needed to operate these systems.
The effectiveness of Contraband Interdiction System (CIS)
deployment requires all carriers in the relevant area of the
correctional facility to execute a spectrum lease with the CIS
provider. Even if the major Commercial Mobile Radio Services (CMRS)
licensees
[[Page 24422]]
negotiate expeditiously and in good faith, if one CMRS licensee in the
area fails to engage in lease negotiations in a reasonable time frame
or at all, the CIS solution will not be effective. The lack of
cooperation of even a single wireless provider in a geographic area of
a correctional facility can result in deployment of a system with
insufficient spectral coverage, subject to abuse by inmates in
possession of contraband wireless devices operating on frequencies not
covered by a spectrum lease agreement. While some carriers have been
cooperative, it is imperative that all CMRS licensees be required to
engage in lease negotiations in good faith and in a timely fashion.
Therefore, the Commission adopted a rule requiring that CMRS licensees
negotiate in good faith with entities seeking to deploy a CIS in a
correctional facility. If, after a 45 day period, there is no
agreement, CIS providers seeking Special Temporary Authority (STA) to
operate in the absence of CMRS licensee consent may file a request for
STA with the Wireless Telecommunications Bureau (WTB), with a copy
served at the same time on the CMRS licensee, accompanied by evidence
demonstrating its good faith, and the unreasonableness of the CMRS
licensee's actions, in negotiating an agreement. The CMRS licensee may
then file a response with WTB, with a copy served on the CIS provider
at that time, within 10 days of the filing of the STA request.
The supplementary information provided along with the STA
application by the CIS provider will be used by WTB to determine
whether the CIS provider has negotiated in good faith, yet the CMRS
licensee has not negotiated in good faith. The CMRS licensee may use
the evidence accompanying the STA application to craft a response. WTB
will analyze the evidence from the CIS providers and the CMRS
licensee's response to determine whether to issue STA to the entity
seeking to deploy the CIS.
The Commission explored whether it should impose a requirement that
the community in the vicinity of a correctional facility where a CIS is
installed be notified of the installation. The Commission explained
that a goal of the proceeding is to expedite the deployment of
technological solutions to combat the use of contraband wireless
devices, not to impose unnecessary barriers to CIS deployment.
Consistent with that goal, the Commission found that a flexible and
community-tailored notification requirement for certain CISs outweighed
the minimal burden of notification and furthered the public interest.
After careful consideration of the record, the Commission imposed a
rule that, 10 days prior to deploying a CIS that prevents
communications to or from mobile devices, a lessee must notify the
community in which the correctional facility is located, and the
Commission amended its spectrum leasing rules to reflect this
requirement. The Commission agreed with commenters that support
notification of the surrounding community due to the potential for
accidental call blocking and the public safety issues involved. The
information provided in the notification will put the houses and
businesses in the surrounding community on notice that a CIS will be
deployed in the vicinity that has the potential for accidental call
blocking.
Acknowledging the importance of ensuring the availability of
emergency 911 calls from correctional facilities, and the fact that
delivering emergency calls to public safety answering points (PSAPs)
facilitates public safety services and generally serves the public
interest, the Commission amended its rules to require that CIS
providers regulated as private mobile radio service (PMRS) must route
all 911 calls to the local PSAP. That said, the Commission also
acknowledged the important role state and local public safety officials
play in the administration of the 911 system. Accordingly, although the
CIS provider is required to pass through emergency 911 calls, the PSAPs
can inform the CIS provider that they do not want to receive calls from
a given correctional facility. By allowing the PSAPs to decline the
emergency 911 calls, the Commission recognized the reported increased
volume of PSAP harassment through repeated inmate fraudulent 911 calls.
The information provided by the PSAP or emergency authority will result
in the CIS provider not passing through E911 calls from a particular
correctional facility.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-08386 Filed 4-19-23; 8:45 am]
BILLING CODE 6712-01-P
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