[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68778-68779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27793]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection(s) Being Reviewed by the Federal 
Communications Commission, Comments Requested

AGENCY: Federal Communications Commission.

ACTION: Notice; request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC) 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 further ways to 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

[[Page 68779]]

displays a currently valid OMB 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: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before January 15, 2013. If you anticipate that you 
will be submitting PRA comments, but find it difficult to do so within 
the period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Submit your PRA comments to Leslie F. Smith, Federal 
Communications Commission (FCC), via the Internet at 
Leslie.Smith@fcc.gov. To submit your PRA comments by email, send them 
to PRA@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Office of Managing 
Director, (202) 418-0217. For additional information, contact Leslie F. 
Smith at (202) 418-0217, or via the Internet at PRA@fcc.gov., contact.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0392.
    Title: 47 CFR Part 1 Subpart J--Pole Attachment Complaint 
Procedures.
    Form Number: N/A.
    Type of Review: Revision of currently approved collection.
    Respondents: Businesses or other for-profit, and State, local or 
tribal governments.
    Number of Respondents and Responses: 1,772 respondents; 1,772 
responses.
    Estimated Time per Response: 0.5 to 100 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure;
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 224.
    Total Annual Burden: 2,629 hours.
    Total Annual Cost: $450,000.
    Privacy Act Impact Assessment: No privacy impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality. However, respondents may request materials or 
information submitted to the Commission be withheld from public 
inspection under 47 CFR 0.459 of FCC rules.
    Needs and Uses: The rules and regulations contained in 47 CFR Part 
1 Subpart J provide complaint and enforcement procedures to ensure that 
telecommunications carriers and cable system operators have 
nondiscriminatory access to utility poles, ducts, conduits, and rights-
of-way on rates, terms and conditions that are just and reasonable. The 
FCC will use the information collected under these rules to hear and 
resolve petitions for stay and complaints as mandated by Section 224 of 
the Communications Act of 1934, as amended. The information that is 
also filed is used to determine the merits of the petitions and 
complaints. Additionally, state certifications are used to make public 
notice of the states' authority to regulate rates, terms and conditions 
for pole attachments, and to determine the scope of the FCC's 
jurisdiction.
    On April 7, 2011, the FCC released a Report and Order and Order on 
Reconsideration, Implementation of Section 224 of the Act; A National 
Broadband Plan for our Future, WC Docket No. 07-245 and GN Docket No. 
09-51, FCC 11-50. This rulemaking added 47 CFR 1.1424.
    Section 1.1424 states that the procedures for handling pole 
attachment complaints filed by incumbent local exchange carriers are 
the same as the procedures for handling other pole attachment 
complaints. Section 1.1424 further requires incumbent local exchange 
carriers that claim they are similarly-situated to other attachers to 
bear the burden of demonstrating their similarity.
    The Commission has also revised Section 1.1403(b) which requires 
that requests for access to a utility's poles, ducts, conduits or 
rights-of-way by a telecommunications carrier or cable operator be in 
writing. If access is not granted within 45 days of the request for 
access, the utility must explain the denial or grant of access 
conditioned on the performance of make-ready by the 45th day.
    The other applicable rule sections remain unchanged:
    Section 1.1403(c) requires a utility to provide a cable television 
system operator or telecommunications carrier no less than 60 days 
written notice prior to removal of facilities, termination of any 
services to those facilities, increase in pole attachment rates, or 
modification of facilities.
    Section 1.1403(d) allows a cable television system operator or 
telecommunications carrier to file a ``Petition for Temporary Stay'' of 
the action contained in a notice received pursuant to Section 1.1403(c) 
within 15 days of receipt of such notice. The ``Petition for Temporary 
Stay'' must contain, in concise terms, the relief sought, the reasons 
for such relief, including a showing of irreparable harm and likely 
cessation of cable television service or telecommunications service, a 
copy of the notice, and a certificate of service. The named respondent 
may file an answer within 7 days of the date the Petition was filed.
    Section 1.1403(e) requires cable operators to notify pole owners 
upon offering telecommunications services.
    Section 1.1404 specifies the information that must be included in a 
pole attachment complaint.
    Section 1.1406(b) requires a complainant to file additional 
information supporting its complaint, if requested by the Commission.
    Section 1.1407 requires the respondent to file a response within 30 
days from the date the complaint was filed. The complainant then has 20 
days from the date the response was filed to file a reply. The response 
and reply shall be served on all parties listed in the certificate of 
service.
    Section 1.1414 requires states that regulate the rates, terms and 
conditions for pole attachments to file a certification with the FCC.
    Section 1.1417 requires a utility to apportion the cost of 
providing unusable space on a pole so that such apportionment equals 
two-thirds of the costs of providing unusable space that would be 
allocated to such entity under an equal apportionment of such costs 
among all attaching entities. Section 1.1417 sets forth the procedures 
to be followed in establishing a maximum just and reasonable pole 
attachment rate.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-27793 Filed 11-15-12; 8:45 am]
BILLING CODE 6712-01-P