Notice2023-16309
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
August 1, 2023
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 88 Issue 146 (Tuesday, August 1, 2023)</title>
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[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50151-50152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16309]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-XXXX; FR ID 159828]
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 August 31,
2023.
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#c292908382a4a1a1eca5adb4"><span class="__cf_email__" data-cfemail="7a2a283b3a1c1919541d150c">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#a9e7c0cac6c5cc87e6c7ceccc5cce9cfcaca87cec6df"><span class="__cf_email__" data-cfemail="b6f8dfd5d9dad398f9d8d1d3dad3f6d0d5d598d1d9c0">[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
[[Page 50152]]
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-XXXX.
Title: Incarcerated People's Communications Services (IPCS), 2023
Mandatory Data Collection, WC Docket Nos. 23-62, 12-375, DA 23-638.
Form Number(s): FCC Form 2303(a) and FCC Form 2303(b).
Type of Review: New collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 30 respondents; 30 responses.
Estimated Time per Response: 265 hours.
Frequency of Response: One-time reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
sections 1, 2, 4(i)-4(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 716.
Total Annual Burden: 7,950 hours.
Total Annual Cost: No cost.
Needs and Uses: On March 17, 2023, the Commission released the
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 (Notice of Proposed Rule Making) and 88 FR 19001
(Order), in which it began the process of implementing the Martha
Wright-Reed Just and Reasonable Communications Act of 2022, Public Law
117-338, 136 Stat. 6156 (the Act). The Act expands the Commission's
statutory authority to encompass ``any audio or video communications
service used by inmates . . . regardless of technology used.'' The Act
also amends section 2(b) of the Communications Act of 1934, as amended,
to make clear that the Commission's jurisdiction 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 allows the Commission
to ``use industry-wide average costs of telephone service and advanced
communications services and the average costs of service of a
communications service provider'' in determining just and reasonable
rates.
To ensure that it has the data needed to meet its substantive and
procedural responsibilities under the Act, the Commission delegated to
the Wireline Competition Bureau (WCB) and the Office of Economics and
Analytics (OEA) (collectively, WCB and OEA) authority to ``update and
restructure'' the Commission's latest mandatory data collection, the
Third Mandatory Data Collection (OMB Control No. 3060-1300, Inmate
Calling Services (ICS) 2022 One-Time Mandatory Data Collection), ``as
appropriate in light of the requirements of the new statute.'' This
delegation requires WCB and OEA to collect ``data on all incarcerated
people's communications services from all providers of those services
now subject to'' the Commission's expanded ratemaking authority,
including, but not limited to, requesting ``more recent data for
additional years not covered by the most recent data collection.''
Pursuant to their delegated authority, WCB and OEA drafted proposed
instructions, a template, and a certification form for the proposed
2023 Mandatory Data Collection. See 2023 IPCS Mandatory Data
Collection--Proposed Instructions, available for download at: <a href="https://www.fcc.gov/document/2023-ipcs-mandatory-data-collection-proposed-instructions">https://www.fcc.gov/document/2023-ipcs-mandatory-data-collection-proposed-instructions</a>. Under WCB and OEA's proposals, IPCS providers would be
required to submit the required data using a reporting template that
would be filed through the Commission's electronic comment filing
system (ECFS). The proposed template included a Word document (Appendix
A to the instructions) for responses requiring narrative information
and Excel spreadsheets (Appendix B to the instructions) for responses
that require specific numbers or information. IPCS providers would also
be required to submit an audited financial statement or report for
2022, and a signed certification of truthfulness, accuracy, and
completeness. The proposed instructions, template, and certification
form would simplify compliance with, and reduce the burden of, this
data collection.
On April 28, 2023, WCB and OEA released the 2023 IPCS Public Notice
seeking comment on all aspects of the proposed instructions, template,
and certification form. See 2023 IPCS Mandatory Data Collection Public
Notice, WC Docket Nos. 23-62, 12-375, DA 23-355 (WCB/OEA Apr. 28,
2023), 88 FR 27850 (May 3, 2023). After considering the comments and
reply comments filed in response to the Public Notice and the 60-Day
Notice, WCB and OEA released an Order on July 26, 2023, adopting the
Mandatory Data Collection, and issuing the related instructions,
template, and certification form. See 2023 IPCS Mandatory Data
Collection Order, WC Docket Nos. 23-62, 12-375, DA 23-638 (WCB/OEA July
26, 2023), available at <a href="https://www.fcc.gov/document/2023-ipcs-mandatory-data-collection-order">https://www.fcc.gov/document/2023-ipcs-mandatory-data-collection-order</a>. This Order largely implements the
proposals set forth in the Public Notice, with refinements and
reevaluations responsive to record comments. Under the Order, IPCS
providers will be required to submit data using a reporting template to
be filed through ECFS in accordance with the instructions adopted by
WCB and OEA, available for download at: <a href="https://www.fcc.gov/document/2023-ipcs-mdc-instructions">https://www.fcc.gov/document/2023-ipcs-mdc-instructions</a>. The template consists of a Word document
(Appendix A to the instructions) for responses requiring narrative
information, and Excel spreadsheets (Appendix B to instructions) for
responses that require specific numbers and information. IPCS providers
would also be required to submit an audited financial statement or
report for 2022, and a signed certification of truthfulness, accuracy,
and completeness. These documents will be submitted for approval by the
Office of Management and Budget as FCC Form 2303(a) and FCC Form
2303(b).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-16309 Filed 7-31-23; 8:45 am]
BILLING CODE 6712-01-P
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