Notice2023-16508
Information Collection Being Reviewed by the Federal Communications Commission
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 3, 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 (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.
Full Text
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<title>Federal Register, Volume 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51312-51313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16508]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0430; FR ID 158590]
Information Collection Being Reviewed by the Federal
Communications Commission
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 (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 2,
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
<a href="/cdn-cgi/l/email-protection#61313320210702024f060e17"><span class="__cf_email__" data-cfemail="45151704052326266b222a33">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#731d1a101c1f165d1c1d14161f16331510105d141c05"><span class="__cf_email__" data-cfemail="94fafdf7fbf8f1bafbfaf3f1f8f1d4f2f7f7baf3fbe2">[email protected]</span></a>.
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: 3060-0430.
Title: Section 1.1206, Permit-but-Disclose Proceedings.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Federal Government; and State,
local, or tribal governments.
Number of Respondent and Responses: 11,500 respondents; 34,500
responses.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain benefits. Statutory
authority for this collection of information is contained in sections
4(i) and (j), 303(r), and 409 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i) and (j), 303(r), and 409.
Estimated Time per Response: 0.75 hours (45 minutes).
Total Annual Burden: 25,875 hours.
Total Annual Cost: No cost.
Needs and Uses: The Commission's rules, under 47 CFR 1.1206,
require that a public record be made of ex parte presentations (i.e.,
written presentations not served on all parties to the proceeding or
oral presentations as to which all parties have not been given notice
and an opportunity to be present) to decision-making personnel in
``permit-but-disclose'' proceedings, such as notice-and-comment
rulemakings and declaratory ruling proceedings.
On February 2, 2011, the FCC released a Report and Order and
Further Notice of Proposed Rulemaking, GC Docket Number 10-43, FCC 11-
11, which amended and reformed the Commission's rules on ex parte
presentations (47 CFR 1.1206(b)(2)) made in the course of Commission
rulemakings and other permit-but-disclose proceedings. The
modifications to the existing rules adopted in this
[[Page 51313]]
Report and Order require that parties file more descriptive summaries
of their ex parte contacts, by ensuring that other parties and the
public have an adequate opportunity to review and respond to
information submitted ex parte, and by improving the FCC's oversight
and enforcement of the ex parte rules. The modified ex parte rules
which contain information collection requirements which OMB approved on
December 6, 2011, are as follows: (1) Ex parte notices will be required
for all oral ex parte presentations in permit-but-disclose proceedings,
not just for those presentations that involve new information or
arguments not already in the record; (2) If an oral ex parte
presentation is limited to material already in the written record, the
notice must contain either a succinct summary of the matters discussed
or a citation to the page or paragraph number in the party's written
submission(s) where the matters discussed can be found; (3) Notices for
all ex parte presentations must include the name of the person(s) who
made the ex parte presentation as well as a list of all persons
attending or otherwise participating in the meeting at which the
presentation was made; (4) Notices of ex parte presentations made
outside the Sunshine period must be filed within two business days of
the presentation; (5) The Sunshine period will begin on the day
(including business days, weekends, and holidays) after issuance of the
Sunshine notice, rather than when the Sunshine Agenda is issued (as the
current rules provide); (6) If an ex parte presentation is made on the
day the Sunshine notice is released, an ex parte notice must be
submitted by the next business day, and any reply would be due by the
following business day. If a permissible ex parte presentation is made
during the Sunshine period (under an exception to the Sunshine period
prohibition), the ex parte notice is due by the end of the same day on
which the presentation was made, and any reply would need to be filed
by the next business day. Any reply must be in writing and limited to
the issues raised in the ex parte notice to which the reply is
directed; (7) Commissioners and agency staff may continue to request ex
parte presentations during the Sunshine period, but these presentations
should be limited to the specific information required by the
Commission; (8) Ex parte notices must be submitted electronically in
machine-readable format. PDF images created by scanning a paper
document may not be submitted, except in cases in which a word-
processing version of the document is not available. Confidential
information may continue to be submitted by paper filing, but a
redacted version must be filed electronically at the same time the
paper filing is submitted. An exception to the electronic filing
requirement will be made in cases in which the filing party claims
hardship. The basis for the hardship claim must be substantiated in the
ex parte filing; (9) To facilitate stricter enforcement of the ex parte
rules, the Enforcement Bureau is authorized to levy forfeitures for ex
parte rule violations; (10) Copies of electronically filed ex parte
notices must also be sent electronically to all staff and Commissioners
present at the ex parte meeting so as to enable them to review the
notices for accuracy and completeness. Filers may be asked to submit
corrections or further information as necessary for compliance with the
rules; and (11) Parties making permissible ex parte presentations in
restricted proceedings must conform and clarify rule changes when
filing an ex parte notice with the Commission.
The information is used by parties to permit-but-disclose
proceedings, including interested members of the public, to respond to
the arguments made and data offered in the presentations. The responses
may then be used by the Commission in its decision-making.
The availability of the ex parte materials ensures that the
Commission's decisional processes are fair, impartial, and comport with
the concept of due process in that all interested parties can know of
and respond to the arguments made to the decision-making officials.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-16508 Filed 8-2-23; 8:45 am]
BILLING CODE 6712-01-P
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