Notice2023-17257
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 10, 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 153 (Thursday, August 10, 2023)</title>
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[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54318-54319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17257]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1222; FR ID 162067]
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
10, 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#a2f2f0e3e2c4c1c18cc5cdd4"><span class="__cf_email__" data-cfemail="41111300012722226f262e37">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#553b3c363a39307b3a3b32303930153336367b323a23"><span class="__cf_email__" data-cfemail="0866616b67646d2667666f6d646d486e6b6b266f677e">[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: 3060-1222.
Title: Inmate Calling Services (ICS) Provider Annual Reporting,
Certification, and Other Requirements, WC Docket Nos. 23-62, 12-375, DA
23-656.
Form Number(s): FCC Form 2301(a) and FCC Form 2301(b).
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 30 respondents; 33 responses.
Estimated Time per Response: 5 hours-220 hours.
Frequency of Response: Annual reporting and certification
requirements, third party disclosure and waiver request requirements.
Obligation to Respond: Mandatory. Statutory authority for this
collection of information is contained in sections 1, 2, 4(i)-(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 617, and the Martha
Wright-Reed Just and Reasonable Communications Act of 2022, Pub. L.
117-338, 136 Stat. 6156
Total Annual Burden: 9,690 hours.
Total Annual Cost: No cost.
Needs and Uses: In 2015, the Commission released the Second Report
and Order and Third Notice of Further Proposed Rulemaking, WC Docket
No. 12-375, 30 FCC Rcd 12763 (2015 ICS Order), in which it required
that ICS providers file Annual Reports providing data and other
information on their ICS operations, as well as Annual Certifications
that reported data are complete and accurate and comply with the
Commission's ICS rules. Pursuant to the authority delegated it by the
Commission in the 2015 ICS Order, the Wireline Competition Bureau (WCB)
created a standardized reporting template (FCC Form No. 2301(a)) and a
related certification of accuracy (FCC Form No. 2301(b)), as well as
instructions to guide providers through the reporting process. See ICS
Annual Reporting Form Word Template (Current), WC Docket No. 12-375
<a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited August
4, 2023) (Word Template); ICS Annual Reporting Form Excel Template
(Current), WC Docket No. 12-375, <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited August 4, 2023) (Excel Template); ICS Annual
Reporting and Certification Instructions (Current), WC Docket No. 12-
375 <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited
August 4, 2023) (Instructions) (Certification Instructions); ICS Annual
Report Certification Form (Current), WC Docket No. 12-375, <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited August 4, 2023)
(Certification Form).
In 2021, the Commission released the Third Report and Order, Order
on Reconsideration, and Fifth Further Notice of Proposed Rulemaking WC
Docket No. 12-375, 36 FCC Rcd 9519 (2021). The Commission revised its
rules by adopting, among other things, lower interim rate caps for
interstate calls, new interim rate caps for international calls, and a
new rate cap structure that requires ICS providers to differentiate
between legally mandated and contractually required site commissions.
The revisions also included expanded consumer disclosure requirements,
as well as new reporting requirements for providers seeking waivers of
the Commission's interstate and international rates.
In 2022, the Commission released the Fourth Report and Order and
Sixth Further Notice of Proposed Rulemaking, WC Docket No. 12-375, FCC
22-76 (Sept. 30, 2022). The Commission adopted numerous requirements to
improve access to communications services for incarcerated people with
communication disabilities and expanded the scope of the Annual Reports
to reflect these new requirements. Specifically, the Commission
required ICS providers to report, at a minimum, for each facility
served, the types of telecommunications relay services (TRS) that can
be accessed from the facility and the number of completed calls and
complaints for TTY-to-TTY calls, ASL point-to-point video calls, and
each type of TRS for which access is provided. The Commission also
eliminated the safe harbor, adopted in 2015, that had exempted ICS
providers from any TRS-related reporting requirements if they either
(1) operated in a facility that allowed the offering of additional
forms of TRS beyond those mandated by the Commission or (2) had not
received any complaints related to TRS calls. The Commission found that
the safe harbor was no longer appropriate given the expanded reporting
requirement for additional forms of TRS, and the importance of
transparency regarding the state of accessible communications in
incarceration settings.
The Commission also specified a number of provider obligations
relating to access to and the provision of TRS. For instance, the
Commission required, among other things, that an ICS provider must work
with correctional authorities, equipment vendors, and TRS providers to
ensure that screen-equipped communications devices such as tablets,
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smartphones, or videophones are available to incarcerated people who
need to use TRS for effective communication, and all necessary TRS
provider software applications are included, with any adjustments
needed to meet the security needs of the institution. The Commission
required that providers ensure compatibility with institutional
communication systems and allow operability over the inmate calling
services provider's network.
On January 5, 2023, the President signed into law the Martha
Wright-Reed Just and Reasonable Communications Act of 2022, Public Law
117-338, 136 Stat. 6156 (the Martha Wright-Reed Act or the Act),
expanding the Commission's statutory authority over communications
services between incarcerated people and the non-incarcerated to
include ``any audio or video communications service used by inmates . .
. regardless of the technology used.'' The new Act also amends section
2(b) of the Communications Act of 1934, as amended (the Communications
Act) to make clear that the Commission's authority 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 also allows the
Commission to ``use industry-wide average costs of telephone service
and advanced communications services and the average costs of service a
communications service provider'' in determining just and reasonable
rates.
On March 17, 2023, pursuant to the directive that the Commission
implement the new Act and establish just and reasonable rates for IPCS
services, the Commission released 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 (2023
IPCS Notice) and 88 FR 19001 (Order) (2023 IPCS Order). The Commission
sought comment on how to interpret the Act's language to ensure that
the Commission implements the statute in a manner that fulfills
Congress's intent. Because the Commission is now required or allowed to
consider certain types of costs, the Act contemplates that it would
undertake an additional data collection. To ensure that it has the data
necessary to meet its substantive and procedural responsibilities under
the Act, the Commission adopted the 2023 IPCS Order delegating
authority to WCB and the Office of Economics and Analytics (OEA) to
modify the template and instructions for the most recent data
collection to the extent appropriate to timely collect such information
to cover the additional services and providers now subject to the
Commission's authority. On April 28, 2023, WCB and OEA issued a Public
Notice seeking comment on all aspects of the proposed data collection.
WCB and OEA Seek Comment on Proposed 2023 Mandatory Data Collection for
Incarcerated People's Communication Services, WC Docket Nos. 23-62, 12-
375, Public Notice, DA 23-355 (WCB/OEA Apr. 28, 2023). On July 26,
2023, WCB and OEA released an Order adopting instructions, a reporting
template, and a certification form to implement the 2023 Mandatory Data
Collection. 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, Order, DA 23-638
(July 26, 2023).
In the 2023 IPCS Order, the Commission also reaffirmed and updated
its prior delegation of authority to WCB and the Consumer and
Governmental Affairs Bureau (CGB) (collectively, the Bureaus) to revise
the instructions and reporting templates for the Annual Reports.
Specifically, the Commission delegated to the Bureaus the authority to
modify, supplement, and update the instructions and templates for the
Annual Reports, as appropriate, to supplement the information the
Commission will receive in response to the 2023 Mandatory Data
Collection.
On August 3, 2023, the Bureaus issued a Public Notice seeking
comment on proposed revisions to the instructions, template, and
certification form for the Annual Reports, <a href="https://www.fcc.gov/proposed-2023-ipcs-annual-reports">https://www.fcc.gov/proposed-2023-ipcs-annual-reports</a>, which are necessary to reflect the
revised rules improving access to communications services for
incarcerated people with communication disabilities adopted in the 2022
ICS Order and to help implement the Martha Wright-Reed Act to ensure
just and reasonable rates for consumers and fair compensation for
providers. Wireline Competition Bureau and Consumer and Governmental
Affairs Bureau Seek Comment on Revisions to IPCS Providers' Annual
Reporting and Certification Requirements, Public Notice, WC Docket Nos.
23-62, 12-375, DA 23-656 (Aug. 3, 2023). <a href="https://www.fcc.gov/document/2023-incarcerated-peoples-communications-services-annual-reports-pn">https://www.fcc.gov/document/2023-incarcerated-peoples-communications-services-annual-reports-pn</a>.
Notice of this document will be published in the Federal Register.
The Bureaus will consider comments submitted in response to the Public
Notice in addition to comments submitted in response to this 60-Day
Notice in finalizing this information collection prior to submitting
the documents to the Office of Management and Budget.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-17257 Filed 8-9-23; 8:45 am]
BILLING CODE 6712-01-P
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