Notice2023-16590
Information Collections 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 51315-51317]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16590]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1202, OMB 3060-1279; FR ID 159845]
Information Collections 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#ca9a988b8aaca9a9e4ada5bc"><span class="__cf_email__" data-cfemail="db8b899a9bbdb8b8f5bcb4ad">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#d5bbbcb6bab9b0fbbabbb2b0b9b095b3b6b6fbb2baa3"><span class="__cf_email__" data-cfemail="adc3c4cec2c1c883c2c3cac8c1c8edcbcece83cac2db">[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
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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: 3060-1202.
Title: Improving 9-1-1 Reliability; Reliability and Continuity of
Communications Networks, Including Broadband Technologies.
Form Number: Not Applicable (annual on-line certification).
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit; not-for-profit
institutions.
Number of Respondents and Responses: 300 respondents; 305
responses.
Estimated Time per Response: 562 hours (average). Varies by
respondent.
Total Annual Burden: 168,651 hours.
Frequency of Response: Annual reporting requirement and
recordkeeping requirement.
Obligation to Respond: Mandatory. The statutory authority for this
collection of information is contained in sections 1, 4(i), 4(j), 4(o),
201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g), 303(r), 307,
309(a), 316, 332, 403, 615a-1, and 615c of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i)-(j) & (o), 201(b), 214(d), 218,
251(e)(3),301, 303(b), 303(g), 303(r), 307, 309(a), 316, 332, 403,
615a-1, and 615c.
Total Annual Cost: No Cost.
Needs and Uses: This is a revision of a currently approved
information collection necessary to ensure that all Americans have
access to reliable and resilient 911 communications, particularly in
times of emergency, by requiring certain 911 service providers to
certify implementation of key best practices or reasonable alternative
measures. The information will be collected in the form of an
electronically-filed, annual certification from each covered 911
service provider, as described in the Commission's 2013 Report and
Order, in which the provider will indicate whether it has implemented
certain industry-backed best practices. Providers that are able to
respond in the affirmative to all elements of the certification will be
deemed to satisfy the ``reasonable measures'' requirement in Section
9.19(b) of the Commission's rules. If a provider does not certify in
the affirmative with respect to one or more elements of the
certification, it must provide a brief explanation of what alternative
measures it has taken, in light of the provider's particular facts and
circumstances, to ensure reliable 911 service with respect to that
element(s). Similarly, a service provider may also respond by
demonstrating that a particular certification element is not applicable
to its networks and must include a brief explanation of why the
element(s) does not apply. Providers are also required to notify the
Commission in writing within 60 days of completely ceasing operations
as a covered 911 service provider.
The information will be collected by the Public Safety and Homeland
Security Bureau, FCC, for review and analysis, to verify that covered
911 service providers are taking reasonable measures to maintain
reliable 911 service. In certain cases, based on the information
included in the certifications and subsequent coordination with the
provider, the Commission may require remedial action to correct
vulnerabilities in a service provider's 911 network if it determines
that (a) the service provider has not, in fact, adhered to the best
practices incorporated in the FCC's rules, or (b) in the case of
providers employing alternative measures, that those measures were not
reasonably sufficient to mitigate the associated risks of failure in
these key areas. The Commission delegated authority to the Bureau to
review certification information and follow up with service providers
as appropriate to address deficiencies revealed by the certification
process.
The purpose of the collection of this information is to verify that
covered 911 service providers are taking reasonable measures such that
their networks comply with accepted best practices, and that, in the
event they are not able to certify adherence to specific best
practices, that they are taking reasonable alternative measures. The
Commission adopted these rules in light of widespread 911 outages
during the June 2012 derecho storm in the Midwest and Mid-Atlantic
states, which revealed that multiple service providers did not take
adequate precautions to maintain reliable service.
OMB Control Number: 3060-1279.
Title: Connect America Fund--Eligible Locations Adjustment Process
(ELAP).
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, not-for-profit
institutions, individuals or households, and state, local or tribal
governments.
Number of Respondents and Responses: 296 respondents; 962
responses.
Estimated Time per Response: 2-40 hours.
Frequency of Response: One-time reporting requirement.
Obligation to Respond: Voluntary. Statutory authority for this
information collection is contained in 47 U.S.C. 151-154, 254.
Total Annual Burden: 10,804 hours.
Total Annual Cost: No Cost.
Needs and Uses: This information collection addresses the
requirements of a process (the eligible locations adjustment process
(ELAP)) that the Commission used to facilitate the post-auction review
of certain CAF Phase II Auction support recipients' defined deployment
obligations (and associated support), on a state-by-state basis, in
situations where the number of eligible locations within a state is
less than the number of funded locations. Connect America Fund, WC
Docket No. 10-90, Order, DA 23-117 (WCB 2023); Connect America Fund, WC
Docket Nos. 10-90 et al., Order on Reconsideration, 33 FCC Rcd 1380,
1390-92, paras. 23-28 (2018) (Phase II Auction Reconsideration Order);
Connect America Fund, WC Docket No. 10-90, Order, 34 FCC Rcd 10395 (WCB
2019) (adopting rules and requirements necessary to implement this
process, consistent with the parameters set forth in the Phase II
Auction Reconsideration Order and prior Commission guidance for
adjusting defined deployment obligations) (ELAP Order). CAF Phase II
Auction support recipients' participation in this process was
voluntary.
ELAP required the one-time collection of location information for
eligible locations within the state where the participant sought an
adjustment to its defined deployment obligation. Eligible locations
included both locations that qualify for support (qualifying
locations), which the ELAP participant was required to report, and any
additional location(s) (prospective location(s)) within eligible areas
of the state that the participant wanted to reserve as part of its
defined deployment obligation. The total number of eligible locations
reported by the participant could not exceed the participant's defined
deployment obligation for the state.
In addition, ELAP participants had to submit a description of the
method(s) used to identify all qualifying locations, as well as some
supporting evidence, such as copies of public records, aerial
photography, location information for non-eligible locations, or
similar evidence. Participants had to certify the truth and accuracy of
this information.
The Bureau announced which participants had met their prima facie
evidentiary standard, and the Universal
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Service Administrative Company (USAC) used certain location information
(address, geocoordinates, number of units) filed by these participants
to populate a publicly available map (public ELAP Map), which was
removed from public inspection at the conclusion of the ELAP process.
WCB Announces CAF Phase II Support Recipients Meeting Standards for
Continuing with the Eligible Locations Adjustment Process; the Opening
of the Stakeholder Registration Period; Extension of Deadline for
Stakeholders to File Challenges; Identification of Potentially Affected
Tribal Authorities, WC Docket No. 10-90, Public Notice, 36 FCC Rcd
16493, 16494 (WCB 2021).
Other interested parties deemed eligible to participate in ELAP
(stakeholders) had the opportunity to challenge the accuracy and
completeness of any relevant participant's eligible location
information, although none did. To file such a challenge, stakeholders
were required to submit alternative location information (of the same
kind and in the same format as required of the participant), a brief
description of the methods used to identify the location as an eligible
location, and supporting evidence. Parties eligible to participate as
stakeholders included government entities (state, local, and Tribal) as
well as individuals or non-governmental entities with a legitimate and
verifiable interest in ensuring broadband service in the relevant areas
but excluded any entity or individual with a controlling interest in a
competitor of the participant(s) being challenged.
The Bureau committed to using a third-party commercial verifier to
confirm the eligibility of any stakeholder who challenged a
participant's location information. The Bureau required certification
that the stakeholder (exclusive of governmental entities) did not hold
a controlling interest in a direct competitor of the relevant
participant. The Bureau also separately gathered certain limited
information about these stakeholders (e.g., name and contact
information).
All ELAP information was filed and is maintained in a new module
within the High-Cost Universal Service Broadband Portal (HUBB) (OMB
Control No. 3060-1228). The module had integrated instructions and
guidance for submitting information. This module incorporated several
features similar to those associated with the reporting of deployed
location information in the HUBB. For example, the module had an
automated validation system that generated error messages when the
location information submitted by ELAP parties failed to meet reporting
parameters (such as redundancies, required file type) as specified in
the ELAP Order. The module also generated notices where correction,
supplementation, or redaction of information is necessary. Participants
and stakeholders could pre-file information and correct, update, add,
or delete information prior to their respective filing deadline.
Unlike deployed location information collected pursuant to OMB
Control No. 3060-1228, all ELAP information, including the description
of methods and supporting documentation as well as location data,
except the location data published in the public ELAP Map, has been and
will continue to be treated as presumptively confidential.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-16590 Filed 8-2-23; 8:45 am]
BILLING CODE 6712-01-P
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