Notice2023-17766
Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority
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 18, 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. 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.
Full Text
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<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
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[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56618-56619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17766]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0411; FR ID 163349]
Information Collection 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 (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
[[Page 56619]]
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 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.
DATES: Written PRA comments should be submitted on or before October
17, 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#c797958687a1a4a4e9a0a8b1"><span class="__cf_email__" data-cfemail="52020013123431317c353d24">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#6d03040e0201084302030a0801082d0b0e0e430a021b"><span class="__cf_email__" data-cfemail="f29c9b919d9e97dc9d9c95979e97b2949191dc959d84">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Nicole Ongele, (202) 418-2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0411.
Title: Procedures for Formal Complaints.
Form Number: FCC Form 485.
Type of Review: Extension of a currently-approved collection.
Respondents: Individuals or households, business or other for-
profit entities, not-for-profit institutions, federal government, and
state, local, or tribal governments.
Number of Respondents and Responses: 3 respondents; 9 responses.
Estimated Time per Response: 1-68 hours.
Frequency of Response: Recordkeeping requirement, on-occasion
reporting requirement, and third-party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 151, 154(i), 154(j), 206, 207, 208, 209, 301, 303, 304, 309,
316, 332, and 1302.
Total Annual Burden: 227 hours.
Total Annual Cost: $61,215.
Needs and Uses: Sections 206-209 of the Communications Act of 1934,
as amended (the ``Act''), provide the statutory framework for
adjudicating formal complaints against common carriers. To resolve
complaints between providers regarding compliance with data roaming
obligations, Commission Rule 20.12(e) adopts by reference the
procedures already in place for resolving Section 208 formal complaints
against common carriers, except that the remedy of damages, is not
available for complaints against commercial mobile data service
providers.
Section 208(a) authorizes complaints by any person ``complaining of
anything done or omitted to be done by any common carrier'' subject to
the provisions of the Act.
Section 208(a) states that if a carrier does not satisfy a
complaint or there appears to be any reasonable ground for
investigating the complaint, the Commission shall ``investigate the
matters complained of in such manner and by such means as it shall deem
proper.'' Certain categories of complaints are subject to a statutory
deadline for resolution. See, e.g., 47 U.S.C. 208(b)(1) (imposing a
five-month deadline for complaints challenging the ``lawfulness of a
charge, classification, regulation, or practice''); 47 U.S.C. 271
(d)(6) (imposing a 90-day deadline for complaints alleging that a Bell
Operating Company has ceased to meet conditions imposed in connection
with approval to provide in-region interLATA services).
Formal complaint proceedings before the Commission are similar to
civil litigation in federal district court. In fact, under section 207
of the Act, a party claiming to be damaged by a common carrier may file
its complaint with the Commission or in any district court of the
United States, ``but such person shall not have the right to pursue
both such remedies'' (47 U.S.C. 207). The Commission has promulgated
rules (Formal Complaint Rules) to govern its formal complaint
proceedings that are similar in many respects to the Federal Rules of
Civil Procedure. See 47 CFR 1.720-1.736. These rules require the
submission of information from the parties necessary to create a record
on which the Commission can decide complex legal and factual issues. As
described in section 1.720 of the rules, the Commission resolves formal
complaint proceedings on a written record consisting of a complaint,
answer or response, and joint statement of stipulated facts, disputed
facts and key legal issues, along with all associated affidavits,
exhibits and other attachments.
This collection of information includes the process for
electronically submitting a formal complaint against a common carrier.
The Commission uses this information to determine the sufficiency of
complaints and to resolve the merits of disputes between the parties.
The Commission bases its orders in formal complaint proceedings upon
evidence and argument produced by the parties in accordance with the
Formal Complaint Rules. If the information were not collected, the
Commission would not be able to resolve common carrier-related
complaint proceedings, as required by section 208 of the Act.
In addition, the Commission has adopted most of this formal
complaint process to govern data roaming complaints. Specifically, the
Commission has extended, as applicable, the procedural rules in the
Commission's Part I, Subpart E rules, 47 CFR 1.716-1.718, 1.720, 1.721,
and 1.723-1.735, to disputes arising out of the data roaming rule
contained in 47 CFR 20.12(e). Therefore, in addition to being necessary
to resolve common carrier-related complaint proceedings, this
collection of information is also necessary to resolve data roaming-
related complaint proceedings.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-17766 Filed 8-17-23; 8:45 am]
BILLING CODE 6712-01-P
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