[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Pages 28384-28386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11596]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Reviewed by the Federal 
Communications Commission for Extension Under Delegated Authority

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, Public Law 104-
13, the Federal Communications Commission invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s). 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 burden for 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 control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number.

DATES: Persons wishing to comment on this information collection should 
submit comments by July 13, 2012. 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: Submit your PRA comments to Nicolas A. Fraser, Office of 
Management and Budget (OMB), via fax at 202-395-5167, or via the 
Internet at Nicholas_A._Fraser@omb.eop.gov, and to Judith-B.Herman@fcc.gov, Federal Communications Commission (FCC). To submit 
your comments by email send them to: PRA@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s), contact Judith B. Herman at 202-418-0214.

SUPPLEMENTARY INFORMATION: 
    OMB Control No.: 3060-0910.
    Title: Section 20.18(i), Third Report and Order in CC Docket No. 
94-102, To Ensure Compatibility With Enhanced 911 Emergency Calling 
Systems.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 1,398 respondents; 1,398 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
collection of information is contained in 47 U.S.C. 1, 4(i), 201, 303, 
309 and 332.
    Total Annual Burden: 1,398 hours.
    Annual Cost Burden: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for an extension of this information collection 
(no change in the reporting requirement). The Commission will submit 
this information collection after this 60 day comment period.
    The Commission has adjusted its previous burden estimates. The 
total annual burden has been reduced by 2,602 hours since 2009 because 
of fewer respondents and responses.
    The Third Report and Order in CC Docket No. 94-102, adopted rules 
applicable to wireless carriers to permit the use of network-based 
solutions, handset-based solutions, or hybrid solutions. The adopted 
rules require changes both to handsets and wireless networks in 
providing caller location information as part of Enhanced 911 (or E911) 
services. The Commission adopted the Third Report and Order to 
encourage the deployment of the best location technology for each area 
being served, promote competition in E911 location technology, and 
speed implementation of E911.
    As part of the rules, the Third Report and Order also adopted a 
requirement that wireless carriers report their plans for implementing 
Phase II E911 service to the Commission. Specifically, this report must 
include the technology they plan to use to provide caller location as 
well as information to enable public safety organizations, equipment 
manufacturers, local exchange carriers, and the Commission to plan and 
support Phase II deployment. The Commission required wireless carriers 
to file these initial reports in 2000. Carriers are required to update 
these plans within thirty days of the adoption of any change. The 
reporting requirements are discussed in detail in 47 CFR 20.18(i).

    OMB Control No.: 3060-1004.
    Title: Section 20.18(g)(1), Commission Rules to Ensure 
Compatibility With Enhanced 911 Emergency Calling Systems.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit, not-for-profit 
institutions and state, local or tribal government.
    Number of Respondents: 178 respondents; 508 responses.
    Estimated Time per Response: 1 hour to 4 hours.

[[Page 28385]]

    Frequency of Response: Quarterly, semi-annual and one time 
reporting requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 1, 4(i), 201, 303, 309 and 332.
    Total Annual Burden: 1,982 hours.
    Annual Cost Burden: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for an extension of this information collection 
(no change in the reporting requirement). The Commission will submit 
this information collection after this 60 day comment period. The 
Commission is reporting an adjustment of 780 total annual hours which 
is due to industry consolidation. The number of Tier 1 carriers has 
gone from 22 to 4, and Tier II carriers are estimated from 12 to 3. The 
number of Tier III carriers has expanded from 50 to 110. These changes 
in the marketplace caused the Commission to adjust the estimates which 
also accounts for the change in hourly burden.
    Distinct from the Commission's rules and precedent regarding 
waivers of the E911 requirements, in December 2004 Congress enacted the 
Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004 
(ENHANCE 911 Act). The ENHANCE 911 Act, inter alia, directs the 
Commission to act on any petition filed by a qualified Tier III carrier 
requesting a waiver of 47 CFR 20.18(g)(1)(v) within 100 days of 
receipt, and grant such request for waiver if ``strict enforcement of 
the requirements of that section would result in consumers having 
decreased access to emergency services.''
    The Commission originally established reporting requirements in an 
order released in October 2001 which received OMB approval. Nationwide 
wireless carriers (``Tier 1'') generally must file quarterly reports 
with the Commission on February 1, May 1, August 1 and November 1 of 
each year, with the exception of T-Mobile, which is required to file 
semi-annual reports (as of October 2002). Mid-sized carriers (``Tier 
II'') also were required to file quarterly reports under this same time 
schedule.
    In a July 2003 revision approved by OMB, the Commission decided 
that the information requirements in the quarterly reports, beginning 
with the August 1, 2003 filing, be submitted with an Excel spreadsheet 
as an appendix to Tier I and Tier II carrier narrative reports. The 
existing information collection only required Tier III carriers to file 
a one-time interim report. Tier III wireless carriers were also not 
required to submit an Excel spreadsheet with their one-time filings.
    This reporting requirement was further revised in 2005 because on 
October 21, 2005, the Commission adopted an order finding that certain 
Tier III carriers did not sufficiently support their requests for 
waiver of the E911 rules, but providing the carriers with additional 
time, until July 2006, to augment the record to show a clear path to 
full compliance with the E911 requirements. The Commission also imposed 
conditions and required the Tier III carriers to file separate status 
reports by November 21, 2005, and commencing February 1, 2006, 
additional status reports on a quarterly basis for a two-year period.
    The Commission will use the information submitted by Tier III 
carriers subject to reporting requirements to ensure that they comply 
with the Commission's E911 requirements and the terms of the underlying 
orders addressing requests for waiver relief by all Tiers.

    OMB Control No.: 3060-0790.
    Title: Section 68.110(c), Availability of Inside Wiring 
Information.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 200 respondents; 1,200 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: Recordkeeping requirement and third party 
disclosure requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
collection of information is contained in 47 U.S.C. 151, 154, 201-205, 
218, 220 and 405 of the Communications Act of 1934, as amended.
    Total Annual Burden: 1,200 hours.
    Annual Cost Burden: $5,000.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality. The Commission is not requesting that respondents 
submit any confidential trade secrets or proprietary information to the 
FCC.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for an extension of this information collection 
(no change in the recordkeeping and/or third party disclosure 
requirements). The Commission will submit this information collection 
after this 60 day comment period to the OMB.
    Section 68.110(c) requires that any available technical information 
concerning carrier-installed wiring on the customer's side of the 
demarcation point, including copies of existing schematic diagrams and 
service records, shall be provided by the telephone company upon 
request of the building owner or agent thereof. The provider of 
wireline telecommunications services may charge the building owner a 
reasonable fee for this service, which shall not exceed the cost 
involved in locating and copying the documents. In the alternative, the 
provider may make these documents available for review and copying by 
the building owner or his agent. In this case, the wireline 
telecommunications carrier may charge a reasonable fee, which shall not 
exceed the cost involved in making the documents available, and may 
also require the building owner or his agent to pay a deposit to 
guarantee the documents' return.
    The information is needed so that building owners may choose to 
contract with an installer of their choice on inside wiring maintenance 
and installation services to modify existing wiring or assist with the 
installation of additional inside wiring.

    OMB Control No.: 3060-0791.
    Title: Section 32.7300, Accounting for Judgments and Other Costs 
Associated with Litigation.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 2 respondents; 2 responses.
    Estimated Time per Response: 4 to 36 hours.
    Frequency of Response: On occasion reporting requirement and 
recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 151, 152, 154, 161, 201-205 and 218-220 of the Communications 
Act of 1934, as amended.
    Total Annual Burden: 40 hours.
    Annual Cost Burden: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality. The Commission is not requesting that respondents 
submit confidential information to the FCC.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for an extension of this information collection 
(no change in the recordkeeping and/or

[[Page 28386]]

reporting requirements). The Commission will submit this information 
collection after this 60 day comment period to the OMB.
    The Commission adopted accounting rules that require carriers to 
account for adverse federal antitrust judgments and post-judgment 
special charges. With regard to settlements of such lawsuits there will 
be a presumption that carriers can recover the portion of the 
settlement that represents the avoidable costs of litigation; provided 
that the carrier makes a required showing. To receive recognition of 
its avoided cost of litigation a carrier must demonstrate, in a request 
for special relief, the avoided costs of litigation by showing the 
amount corresponding to the additional litigation expenses discounted 
to present value, that the carrier reasonably estimates it would have 
paid if it had not settled. Settlement costs in excess of the avoided 
costs of litigation are presumed not recoverable unless a carrier 
rebuts that presumption by showing the basic factors that enticed the 
carrier to settle and demonstrating that ratepayers benefited from the 
settlement.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-11596 Filed 5-11-12; 8:45 am]
BILLING CODE 6712-01-P