Notice2023-24753
Information Collection Being Submitted for Review and Approval to Office of Management and Budget
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Published
November 9, 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 216 (Thursday, November 9, 2023)</title>
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77315-77317]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24753]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1222; FR ID 183730]
Information Collection 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 December 11,
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#68383a29280e0b0b460f071e"><span class="__cf_email__" data-cfemail="c696948786a0a5a5e8a1a9b0">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#eda3848e828188c3a2838a888188ad8b8e8ec38a829b"><span class="__cf_email__" data-cfemail="2b65424844474e0564454c4e474e6b4d4848054c445d">[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 http://www.reginfo.gov/
[[Page 77316]]
public/do/PRAMain, (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: 3060-1222.
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: 5-1,200 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, Public Law
117-338, 136 Stat. 6156.
Total Annual Burden: 6,690 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 inmate calling services (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 October 26, 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 October 26,
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 October 26, 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 October 26,
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. Pursuant to section 64.6040(c), the
Commission required, among other things, that, as part of its
obligation to provide access to telecommunications relay services
(TRS), when an incarcerated person who has individually registered to
use video relay service (VRS), internet protocol (IP) Relay, or
internet protocol captioned telephone service (IP CTS) is released from
incarceration or transferred to another correctional facility, the ICS
provider must notify the TRS provider(s) with which the incarcerated
person has registered. Under sections 64.6060(a)(5)-(7), the Commission
amended the annual reporting and certification requirement to include,
among other things, that ICS providers report, for each facility
served, the types of TRS that can be accessed from the facility and the
number of completed calls and complaints for TTY-to-TTY calls, American
Sign Language (SL) point-to-point video calls, and each type of TRS for
which access is provided.
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
[[Page 77317]]
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 of 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
incarcerated people's communications services (IPCS), 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.
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 was published in the Federal Register on August
10, 2023 (88 FR 54318 Aug. 10, 2023).
The Bureaus have not yet issued an Order adopting revisions to the
instructions, template, and certification form for the Annual Reports.
It is necessary, however, for the Commission to effectuate the improved
access to communications services for incarcerated people with
communication disabilities required by section 64.6040(c).
Consequently, we are dividing the information requirements and burdens
of this collection between two submissions to the Office of Management
and Budget (OMB). In the instant submission, we seek OMB approval for
the new information requirements in section 64.6040(c), which improve
access to communications services for incarcerated people with
communications disabilities by expanding the rules for advanced TRS.
Upon release of an Order adopting revisions to the instructions,
template, and certification form for the Annual Reports, we will make a
second submission to OMB, seeking approval of any revised information
requirements adopted in that Order, as well as the new requirements in
section 64.6060(a)(5)-(7), which expands the rule requiring the filing
of Annual Reports to include additional data related to access to
communications services for incarcerated people with communications
disabilities.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-24753 Filed 11-8-23; 8:45 am]
BILLING CODE 6712-01-P
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