Notice2024-24905
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 of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. 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 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 89 Issue 207 (Friday, October 25, 2024)</title>
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[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85208-85209]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24905]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1299; FR ID 257124]
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 of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. 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 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 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 Cathy Williams, FCC, via email to
<a href="/cdn-cgi/l/email-protection#50000211103633337e373f26"><span class="__cf_email__" data-cfemail="7a2a283b3a1c1919541d150c">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#8ac9ebfee2f3a4dde3e6e6e3ebe7f9caece9e9a4ede5fc"><span class="__cf_email__" data-cfemail="044765706c7d2a536d68686d656977446267672a636b72">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1299.
Title: Section 20.23(b)(1), (3)-(5), (7); (c)(1)-(2), (3),
(3)(iii)-(iv), (4)(i)-(ii), (v); and (d), Contraband wireless devices
in correctional facilities.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, and state,
local or tribal.
Estimated Number of Respondents and Responses: 54 respondents and
4,740 responses.
Estimated Time per Response: 1-10 hours.
Frequency of Response: One-time application and self-certification
response, one-time DCFO authorization request response, on occasion
qualifying request response, on occasion reversal response,
recordkeeping requirement, third party notification requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for the currently approved information collection
is contained in sections 1, 2, 4(i), 4(j), 301, 302, 303, 307, 308,
309, 310, and 332 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 152, 154(i), 154(j), 301, 302a, 303, 307, 308, 309, 310,
and 332.
Estimated Total Annual Burden: 21,767 hours.
Total Annual Costs: No costs.
Needs and Uses: On July 13, 2021, the Commission released a Second
Report and Order and Second Further Notice of Proposed Rulemaking,
Promoting Technological Solutions to Combat Contraband Wireless Devices
in Correctional Facilities, GN Docket No. 13-111, in which the
Commission took further steps to facilitate the deployment and
viability of technological solutions used to combat contraband wireless
devices in correctional facilities. In the Second Report and Order, the
Commission adopted a framework requiring the disabling of contraband
wireless devices detected in correctional facilities upon satisfaction
of certain criteria. The Commission further addressed issues involving
oversight, wireless provider liability, and treatment of 911 calls.
Finally, the Commission adopted rules requiring advance notice of
certain wireless provider network changes to promote and maintain
contraband interdiction system effectiveness.
In establishing rules requiring wireless providers to disable
contraband wireless devices in correctional facilities and adopting a
framework to enable designated correctional facility officials (DCFOs)
relying on an authorized Contraband Interdiction System (CIS) to submit
qualifying requests to wireless providers to disable contraband
wireless devices in qualifying correctional facilities, the Commission
found that a rules-based process will provide a valuable additional
tool for departments of corrections to address contraband wireless
device use. The framework includes a two-phase authorization process:
(1) CIS applicants will submit applications to the Wireless
Telecommunications Bureau (Bureau) describing the legal and technical
qualifications of the systems; and (2) CIS applicants will perform on-
site testing of approved CISs at individual correctional facilities and
file a self-certification with the Commission. After both phases are
complete, DCFOs will be authorized to submit qualifying requests to
wireless providers to disable contraband devices using approved CISs at
each correctional facility. In addition, the Commission adopted rules
requiring wireless providers to notify certain types of CIS operators
of major technical changes to ensure that CIS effectiveness is
maintained. The Commission found that these rules will provide law
enforcement with the tools necessary to disable contraband wireless
devices, which, in turn, will help combat the serious threats posed by
the illegal use of such devices.
The new information collection in 47 CFR 20.23(b)(1) regarding the
application to obtain new CIS certification will be used by the Bureau
to determine whether to certify a system and ensure that the systems
are designed to support operational readiness and minimize the risk of
disabling a non-contraband device, and ensure, to the greatest extent
possible, that only devices that are in fact contraband will be
identified for disabling. Bureau certification will also enable
targeted industry review of solutions by allowing interested
stakeholders to provide feedback on the application for certification,
including the proposed test plan.
The new collections in 47 CFR 20.23(b)(3) include the requirement
that the CIS operator must file with the Bureau a self-certification
that complies with paragraph (b)(3)(ii) of section 20.23, confirming
that the testing at that specific correctional facility is complete and
successful, and the CIS operator must serve notice of the testing on
all relevant wireless providers prior to testing and provide such
wireless providers a reasonable opportunity to participate in the
tests. Self-certification will help the Bureau to ensure that
qualifying requests identify contraband wireless devices accurately and
in accordance with legal requirements. In addition to being used by the
Bureau, the self-certification will be relied upon by the DCFO in
conjunction with
[[Page 85209]]
qualifying requests for disabling at a particular correctional
facility. The serving of notice to the wireless providers will give
them awareness and an opportunity to participate in the process.
The new information collections in 47 CFR 20.23(b)(4) requires that
wireless providers objecting to the certification filing submit
objections to the Bureau within five business days and serve the DCFO
and the CIS operator, which allows all stakeholders to participate in
the process and raise objections. Section 20.23(b)(5) requires that CIS
operators retest and recertify their systems at least every three years
and comply with the same requirements as for initial self-
certification. This requirement will enable the Bureau to ensure the
ongoing accuracy and reliability of a given CIS at a particular
facility. Section 20.23(b)(7) requires that a CIS operator retain
records for at least five years and provide them upon request to the
Bureau, which will support the Bureau's efforts to identify issues with
CIS operations, resolve interference issues, and resolve complaints
related to misidentification of contraband devices.
The new collections in 47 CFR 20.23(c)(1)-(2) include the
requirement that individuals that seek to be recognized on the
Commission's DCFO list must sent a letter to the Contraband
Ombudsperson in order for the Commission to approve that person for the
qualified DCFO list and provide certainty to wireless providers that
disabling requests are made by duly authorized individuals. Qualifying
requests that include the required information will be used by wireless
carriers to prevent use of contraband devices on their network and on
other wireless provider networks.
The new collections 47 CFR 20.23(c)(3)(iii)-(iv) provide that, upon
receiving a disabling request from a DCFO, the wireless provider must
verify the request, may reject the request and must notify the DCFO
whether it is accepting or rejecting the request. This process ensures
that a wireless provider responds to a DCFO within a reasonable
timeframe--while giving the provider an opportunity to determine if
there is an error--and to give the DCFO time to respond quickly if the
request has been rejected. The wireless provider may contact the
customer of record to notify them of the disabling and involve them in
the process.
The new collections in 47 CFR 20.23(c)(4) provide that a wireless
provider may reverse a disabled device where it determines that the
device was erroneously identified as contraband, and the wireless
provider must notify the DCFO of the reversal. The wireless provider
may choose to involve the DCFO in the review and reversal process. The
DCFO must also provide notice to the Contraband Ombudsperson of the
number of erroneously disabled devices. This process ensures the
integrity of the contraband device disabling process by giving the
wireless provider the opportunity to reverse a disabled device--with
the ability to extend review to the DCFO--and by creating safeguards to
make sure that the process is efficient and reliable.
The new collections in 47 CFR 20.23(d) regarding notification from
CMRS licensees to MAS operators of technical changes to their network
are required so that MAS operators are given sufficient time to make
necessary adjustments to maintain the effectiveness of their
interdiction systems. In order to ensure that issues regarding
notification to solutions providers of more frequent, localized
wireless provider network changes are appropriately considered, CMRS
licensees and MAS operators must negotiate in good faith to reach an
agreement for notification for those types of network adjustments not
covered by the notice requirement. CMRS licensees must provide notice
of technical changes associated with an emergency immediately after the
exigency to ensure that MAS operators continue to be notified of
network changes that could impact MAS effectiveness.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-24905 Filed 10-24-24; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on October 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.