Notice2023-22427
Information Collections Being Submitted for Review and Approval to Office of Management and Budget
Primary source
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Published
October 10, 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 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69927-69930]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22427]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0430, OMB 3060-1202, 3060-1279; FR ID 177216]
Information Collections 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 November 9,
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#bdedeffcfddbdede93dad2cb"><span class="__cf_email__" data-cfemail="acfcfeedeccacfcf82cbc3da">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#2f61464c40434a016041484a434a6f494c4c01484059"><span class="__cf_email__" data-cfemail="94dafdf7fbf8f1badbfaf3f1f8f1d4f2f7f7baf3fbe2">[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 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: 3060-0430.
Title: Section 1.1206, Permit-but-Disclose Proceedings.
Form Number: N/A.
[[Page 69928]]
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 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.
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
[[Page 69929]]
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 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
[[Page 69930]]
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. 2023-22427 Filed 10-6-23; 8:45 am]
BILLING CODE 6712-01-P
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