Notice2024-23990
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
October 25, 2024
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 89 Issue 207 (Friday, October 25, 2024)</title>
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[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85209-85211]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23990]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1222; FR ID 254149]
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 December
24, 2024. 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#efbfbdaeaf898c8cc1888099"><span class="__cf_email__" data-cfemail="88d8dac9c8eeebeba6efe7fe">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#0a64636965666f2465646d6f666f4a6c6969246d657c"><span class="__cf_email__" data-cfemail="5d33343e3231387332333a3831381d3b3e3e733a322b">[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: Incarcerated People's Communications Services (IPCS)
Provider Annual Reporting, Certification, and Other Requirements, WC
Docket Nos. 23-62, 12-375.
Form Number(s): FCC Form 2301(a) and FCC Form 2301(b).
Type of Review: Revision of a currently approved information
collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 35 respondents; 47 responses.
Estimated Time per Response: 5-240 hours.
Frequency of Response: Annual reporting requirements, third party
disclosure requirements, and on-occasion reporting requirements.
Obligation to Respond: Mandatory. Statutory authority for this
collection of information is contained in sections 1,
[[Page 85210]]
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: 17,555 hours.
Total Annual Cost: No cost.
Needs and Uses: On January 5, 2023, the President signed into law
the Martha Wright-Reed Just and Reasonable Communications Act of 2022
(Martha Wright-Reed Act or Act), which expands the Commission's
statutory authority over communications between incarcerated people and
the non-incarcerated to include ``any audio or video communications
service used by inmates . . . regardless of technology used.'' The new
Act also amends section 2(b) of the Communications Act of 1934, as
amended (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'' it, including the 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 the Act's January 5, 2023, enactment
date. 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.
Pursuant to the directive that the Commission implement the new Act
and ensure just and reasonable rates for IPCS, the Commission released
the 2023 IPCS Notice of Proposed Rulemaking, FCC 23-19, 88 FR 20804
(April 7, 2023), seeking 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 On July 22, 2024, the Commission released
the 2024 IPCS Order, FCC 24-75, 89 FR 77244 (September 20, 2024), which
implements the expanded authority granted to the Commission by the
Martha Wright-Reed Act to establish a compensation plan that ensures
both just and reasonable rates and charges for incarcerated people's
audio and video communications services and fair compensation for
incarcerated people's communications service providers. The Order
fundamentally reforms the regulation of IPCS in all correctional
facilities, regardless of the technology used to deliver these
services, and significantly lowers the IPCS rates that incarcerated
people and their loved ones will pay.
Among other actions, the Commission revised its rules to
incorporate terms used in the Martha Wright-Reed Act and to implement
its actions in the Order. These revisions include the addition of new
rules addressing disability access, alternate pricing plans, and
inactive accounts; and changes to the rules addressing consumer
disclosure, annual reporting and certification rules, waiver reporting,
rate cap, site commission, and ancillary service charges. In this 60-
day Notice, we are beginning the process seeking PRA approval of the
paperwork burdens arising from the new rules addressing disability
access, alternate pricing plans and inactive accounts, and the
revisions to the consumer disclosure rules and waiver reporting
requirements. We will address any paperwork burdens arising from the
revisions to the current annual reporting and certification rules in a
subsequent 60-day Notice.
New Rules Requiring OMB Review:
47 CFR 64.6040(f) (Accessible formats)--requiring, other among
information collection requirements, that the information and
documentation IPCS providers furnish to current or potential consumers
of IPCS is accessible;
47 CFR 64.130(d) through (f) and (h) through (k) (Protection of
consumer funds in inactive accounts)--requiring, among other
information collection requirements, that providers follow certain
specified procedures when an IPCS account is deemed inactive, including
contacting account holders when an incarcerated person is released or
transferred; and
47 CFR 64.6140(c) and (d), (e)(2) through (4), and (f)(2) and (4)
(Alternate Pricing Plans)--requiring, among other information
collection requirements, that providers choosing to offer alternate
pricing plans comply with the rules generally applicable to all IPCS,
in addition to specific consumer protection and disclosure rules.
Revised Rules Requiring OMB Review:
47 CFR 64. 6110(a) and (c) through (g) (Consumer Disclosure of
Incarcerated People's Communications Services Rates)--requiring, among
other information collection requirements, that providers post on their
public websites clear, accurate, and conspicuous information about
their IPCS offerings, including information on rates, charges, and
associated practices; and
47 CFR 64.6120 (Waiver process)--requiring, among other information
collection requirements, that providers follow certain procedures when
filing waiver requests, including a showing that the request will not
result in unjust and unreasonable IPCS rates and charges.
Previously-Approved Information Collection Requirements:
47 CFR 64.6040(c) (Communications Access for Incarcerated People
with Communications Disabilities)--requiring, among other information
collection requirements, that providers, as part of their obligation to
provide access to Telecommunications Relay Service (TRS), notify the
TRS provider(s) when an incarcerated person who has individually
registered to use Video Relay Service (VRS), Internet Protocol Relay
Service (IP Relay), or Internet Protocol Captioned Telephone Service
(IP CTS) is released from incarceration or transferred to another
correctional facility.
47 CFR 64.6060 (Annual Reporting and Certification Requirements)--
requiring IPCS providers, among other information collection
requirements, to file certain pricing and related data and information
annually to promote transparency and heighten IPCS providers'
accountability. In 2015, 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
Inmate Calling Services (ICS) Annual Reporting Form Word Template
(Appendix A) (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 10, 2024) (Word
Template); ICS Annual Reporting Form Excel Template (Appendix B)
(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 10, 2024) (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 10, 2024) (Instructions) (Certification Instructions);
ICS Annual Report Certification Form (Appendix C) (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 10, 2024) (Certification Form).
[[Page 85211]]
In the 2023 IPCS Order, FCC 23-19, 88 FR 19001 (March 30, 2023),
the Commission, among other things, reaffirmed and updated the
Commission's prior delegation of authority to WCB and the Consumer and
Governmental Affairs Bureau (CGB) to revise the instructions and
reporting template for the Annual Reports that all IPCS providers are
required to file each year. Specifically, the Commission delegated
authority to WCB and CGB to modify, supplement, and update the
instructions and template as appropriate.
On August 3, 2023, in DA 23-656, 88 FR 53850 (August 9, 2023) and
88 FR 54318 (August 10, 2023) (document DA 23-656), WCB and CGB sought
comment on proposed revisions to the instructions and templates,
including any paperwork burdens, for the annual reports and annual
certifications to implement the Martha Wright-Reed Act and reflect the
changes that were adopted in the 2022 ICS Order, FCC 22-76, 87 FR 75496
(December 9, 2022). Commenters generally supported the Commission's
efforts to track trends in the IPCS marketplace as long as the
reporting requirements were not unduly burdensome. However, one
commenter argued that it was premature to require reports on video and
the expanded TRS obligations, because the Commission had not adopted
video IPCS regulations, and the expanded TRS regulations had not yet
gone into effect.
In the 2024 IPCS Order, FCC 24-75, the Commission modified the
scope and content of the requirements for the annual reports and
certifications to reflect the Martha Wright-Reed Act's expansion of
Commission authority over other communications services in carceral
facilities to include video IPCS and certain other advanced
communications services, as well as intrastate IPCS, and the providers
that offer these services.
On September 11, 2024, in DA 24-918, 89 FR 80449 (October 3, 2024)
(document DA 24-918), WCB and CGB invited supplemental comment to
refresh and expand upon the record developed in response to document DA
24-918 to reflect the Commission's expanded jurisdiction and the
reforms adopted in the 2024 IPCS Order.
WCB and CGB have not yet issued an order adopting changes to the
instructions, templates, and certification form for the annual reports
and certifications, as proposed in document DA 23-656 and document DA
24-918. Upon release of an order adopting any such changes, we will
address any paperwork burdens arising from those changes in a
subsequent 60-day Notice under the PRA.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-23990 Filed 10-24-24; 8:45 am]
BILLING CODE 6712-01-P
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