Notice2025-03605
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
March 6, 2025
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 90 Issue 43 (Thursday, March 6, 2025)</title>
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[Federal Register Volume 90, Number 43 (Thursday, March 6, 2025)]
[Notices]
[Pages 11415-11417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03605]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1222; FR ID 282505]
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 May 5,
2025. 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#22727063624441410c454d54"><span class="__cf_email__" data-cfemail="42121003022421216c252d34">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#ddb3b4beb2b1b8f3b2b3bab8b1b89dbbbebef3bab2ab"><span class="__cf_email__" data-cfemail="4826212b27242d6627262f2d242d082e2b2b662f273e">[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 collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 35 respondents; 38 responses.
Estimated Time per Response: 5 hours-160 hours.
Frequency of Response: Annual reporting and certification
requirements, third party disclosure, waiver request and on-occasion
reporting 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: 9,165 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, 80 FR 79135 (Dec. 18, 2015) (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 the
reported information is complete and accurate and complies with the
Commission's ICS rules. Pursuant to the authority delegated 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. WCB
amended those instructions and reporting forms in 2020 and again in
2022. The current instructions and forms are available at <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited Jan. 21, 2025).
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, 87 FR 75496 (Sept. 30, 2022), which adopted requirements to
improve access to communications services for incarcerated people with
communication disabilities and expanded the scope of the Annual Reports
to reflect those new requirements. Specifically, the Commission
required ICS providers to list, at a minimum, 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 calling, point-to-
point American Sign Language (ASL) video calls, and each type of TRS
for which access is provided. The Commission also eliminated the safe
harbor, adopted in 2015, that had exempted providers from any TRS-
related reporting requirements if they either (1) operated in a
facility that allowed the offering of additional forms of TRS beyond
those mandated by the Commission or (2) had not received any
[[Page 11416]]
complaints related to TRS calls. The Commission found that the safe
harbor was no longer appropriate given the expanded reporting
requirements for additional forms of TRS, and the importance of
transparency regarding the state of accessible communications in
incarceration settings.
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 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 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 IPCS
services, the Commission released a Notice of Proposed Rulemaking and
Order, WC Docket Nos. 23-62, 12-375, FCC 23-19, 88 FR 20804 (2023 IPCS
Notice) and 88 FR 19001 (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 then most recent mandatory 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, WC
Docket Nos. 23-62, 12-375, DA 23-355 (rel. Apr. 28, 2023) seeking
comment on all aspects of the proposed data collection. On July 26,
2023, the Bureaus released an Order, WC Docket Nos. 23-62, 12-375, DA
23-638 (rel. July 26, 2023), adopting instructions, a reporting
template, and a certification form to implement the 2023 Mandatory Data
Collection.
In the 2023 IPCS Order, the Commission delegated 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, as appropriate, to supplement the
information the Commission was to receive in response to the 2023
Mandatory Data Collection.
In August 2023, the Bureaus issued a Public Notice, WC Docket Nos.
23-62, 12-375, DA 23-656, 88 FR 53850 (Aug. 3, 2023) (August 3, 2023
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>, 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. See <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>. Further, on August 10, 2023, the Commission
published a 60-Day Notice in the Federal Register seeking public
comment on the paperwork burdens associated with proposed revisions to
the annual reporting instructions, templates, and certification form.
August 10, 2023 60-Day Notice, WC Docket Nos. 23-62, 12-375, 88 FR.
54318, 54319 (Aug. 10, 2023) (2023 60-Day Notice). We note that,
although our 2023 60-Day Notice sought comment on the paperwork burdens
associated with the proposed revisions to the annual reporting
instructions, templates, and certification form, we decided to delay
seeking OMB approval of these revisions because the Commission had not
yet amended its rules to reflect the expanded authority granted by the
Martha Wright-Reed Act and because the Bureaus had not yet issued an
Order adopting specific revisions to the annual reporting instructions,
templates, and certification form. See November 9, 2023 30-Day Notice,
WC Docket Nos. 23-62, 12-375, 88 FR 77315 (Nov. 9, 2023) (2023 30-Day
Notice).
In July 2024, the Commission released an Order, WC Docket Nos. 23-
62, 12, 375, FCC 24-75, 89 FR 77244 (rel. July 22, 2024) (2024 IPCS
Order), which implemented the expanded authority granted to the
Commission by the Martha Wright-Reed Act. In that Order, the Commission
revised its rules by, among other things: adopting permanent rate caps
for audio IPCS and interim rate caps for video IPCS; adopting new
facility tiers for both audio and video IPCS; prohibiting providers
from imposing any ancillary service charges on IPCS consumers;
prohibiting providers from making site commission payments associated
with IPCS; allowing providers to offer alternate pricing plans for IPCS
subject to certain conditions; revising and strengthening existing
consumer disclosure and inactive account requirements; and revising and
strengthening IPCS accessibility requirements for incarcerated people
with disabilities. The 2024 IPCS Order also modified the scope and
content of the annual reporting requirements to reflect the reforms
adopted under the Martha Wright-Reed Act. The Commission expanded its
annual reporting and certification requirements to include the full
scope of services and providers now subject to the IPCS rules as it had
proposed in the August 3, 2023 Public Notice. The Commission also
eliminated the sections of the annual reporting rules mandating the
reporting of information on ancillary service charges and site
commissions, to reflect the prohibitions of those items adopted in the
2024 IPCS Order. Finally, the Commission reaffirmed and updated its
prior delegation of authority to the Bureaus to revise the requirements
for the Annual Reports, to reflect the Commission's expanded authority
under the Martha Wright-Reed Act and the other actions taken in the
2024 IPCS Order, and directed the Bureaus to pay particular attention
to the video IPCS marketplace and the availability and usage of
telecommunications relay
[[Page 11417]]
service (TRS) in exercising this delegated authority.
Pursuant to this updated delegated authority, the Bureaus released
a Public Notice, DA 24-918, 89 FR 80449 (rel. Sept. 11, 2024)
(September 11, 2024 Public Notice), in which it sought to refresh the
record on possible revisions to the Annual Report instructions,
templates, and certification form, in addition to those proposed in the
August 3, 2023 Public Notice, and to implement the modifications to the
annual reporting and certification requirements adopted by the
Commission in the 2024 IPCS Order. The Bureaus also sought comment on
any additional modifications the Bureaus should consider to make these
forms consistent with the new IPCS rules, including the varied
compliance dates adopted in the 2024 IPCS Order for the Commission's
rate cap and site commission reforms.
On January 8, 2025, the Bureaus released an Order, WC Docket Nos.
23-62, 12-375, DA 25-23 (rel. Jan. 8, 2025) (2025 Annual Reports
Order), <a href="https://www.fcc.gov/document/2025-ipcs-annual-reports-order">https://www.fcc.gov/document/2025-ipcs-annual-reports-order</a>,
revising the instructions and reporting templates for the Annual
Reports, as well as the associated certification form. The revisions
reflect the proposals contained in the August 3, 2023 Public Notice and
September 11, 2024 Public Notice, with refinements and modifications
made in response to comments in support of more streamlined, and
therefore less burdensome, reporting obligations. The revisions also
reflect the Commission's expanded authority under the Martha Wright-
Reed Act, including authority over video IPCS, as well as the reporting
requirements proposed in the August 3, 2023 Public Notice regarding
access to IPCS by persons with communication disabilities, including
access to TRS.
We note that we are addressing the information requirements and
burdens of this collection in several discrete steps. In the first
step, we sought OMB approval of the requirements in section 64.6040(c)
in order to effectuate the improved access to communications services
for incarcerated people with communication disabilities required by
section 64.6040(c). We received OMB approval of those information
collection requirements on December 14, 2023. See 89 FR 269 (Jan. 3,
2024).
In the second step, which is still in process, the Federal Register
published a 60-Day Notice on October 25, 2024, inviting comment on the
additional information collection requirements imposed by the 2024 IPCS
Order. October 25, 2024 60-Day Notice, WC Docket Nos. 23-62, 12-375, 89
FR 85209 (Oct. 25, 2024) (2024 60-Day Notice). We will continue to
address the paperwork burdens associated with that portion of this
information collection separately from the Annual Reports burdens
addressed here. In the 2024 60-Day Notice, we stated that the
Commission had not yet issued an order adopting changes to the
instructions, templates, and certification form for the Annual Reports.
We also stated that upon release of an order adopting any such changes,
we would address any paperwork burdens arising from those changes in a
subsequent 60-Day Notice under the PRA.
Accordingly, in this 60-Day Notice, we seek comment on the
paperwork burdens associated with the specific revisions to the
instructions, reporting templates, and certification form adopted in
the 2025 Annual Reports Order.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2025-03605 Filed 3-5-25; 8:45 am]
BILLING CODE 6712-01-P
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