[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 8992-8993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04224]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1151]


Information Collection Being Submitted for Review and Approval to 
the Office of Management and Budget

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.
    The Commission 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 comments should be submitted on or before April 2, 2018. 
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 contacts listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email [email protected]; and to Nicole Ongele, FCC, via 
email [email protected] and to [email protected]. Include in the comments 
the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Nicole Ongele at (202) 418-2991. 
To view a copy of this information collection request (ICR) submitted 
to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce 
paperwork burdens, and as required by the Paperwork Reduction Act (PRA) 
of 1995 (44 U.S.C. 3501-3520), 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.
    OMB Control Number: 3060-1151.
    Title: Sections 1.1420, 1.1422 and 1.1424, Pole Attachment Access 
Requirements.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 763 respondents; 36,136 
responses.
    Estimated Time per Response: 20-45 hours.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping requirement, and third-party disclosure requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in 47 U.S.C. 224.
    Total Annual Burden: 448,921 hours.
    Total Annual Cost: No cost.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: No questions of a 
confidential nature are asked.
    Needs and Uses: The Commission is requesting OMB approval for a 
three-year extension of this information collection. In Implementation 
of Section 224 of the Act, A National Broadband Plan for Our Future, WC 
Docket No. 07-245, GN Docket No. 09-51, Report and Order and Order on 
Reconsideration, FCC 11-50, the Commission adopted rules that relate to 
the implementation of section 224 of the Communications Act of 1934, as 
amended, regarding access to poles that are owned or controlled by 
utilities. Under the Commission's rules, utilities must provide cable 
television systems and telecommunications carriers (collectively, 
``attachers'') with non-

[[Page 8993]]

discriminatory access to attach facilities to poles, ducts, conduits, 
or rights-of-way owned or controlled by the utilities (collectively, 
``pole attachments''). However, utilities may deny in writing those 
pole attachment applications where there is insufficient capacity on a 
pole, or for reasons of safety, reliability, and generally applicable 
engineering purposes. Commission rules also create a series of 
deadlines or ``timelines'' by which attachers request and receive 
permission from utilities for pole attachments. The first stage of the 
timeline requires utilities to survey the requested poles where access 
is requested and to perform an engineering analysis. Utilities may 
notify attachers when they have completed their surveys of the affected 
poles. With regard to the second stage of the timeline, utilities must 
present to attachers an estimate of charges for preparing a pole for a 
new attachment (``make-ready'' work). With regard to the make-ready 
stage of the timeline, utilities are required to send notices of 
impending make-ready work to entities with existing attachments on the 
pole. Such notification letters are sent when a make-ready schedule is 
established. If the make-ready period is interrupted, or if the pole 
owner asserts its right to a 15-day extension of time to perform make-
ready work, then notification letters also are required from the 
utility to the new attacher.
    Additionally, the Order adopted a rule requiring utilities to make 
available and keep up-to-date a reasonably sufficient list of approved 
contractors to perform surveys and make-ready work in the 
communications space of a utility pole. If an attacher uses a utility-
approved contractor, then it must notify the utility and invite the 
utility to send a representative to oversee the work.
    Finally, the Order also broadened the existing enforcement process 
by permitting incumbent local exchange carriers (LECs) to file 
complaints alleging that the pole attachment rates, terms, or 
conditions demanded by utilities are unjust or unreasonable. If an 
incumbent LEC can demonstrate that it is similarly situated to an 
attacher that is a telecommunications carrier or a cable television 
system (through relevant evidence, including pole attachment 
agreements), then it can gain comparable pole attachment rates, terms, 
and condition as the similarly-situated carrier. The paperwork burdens 
for this provision are contained in OMB Control No. 3060-0392. The 
Order also encourages incumbent LECs that benefit from lower pole 
attachment costs to file data at the Commission that demonstrate that 
the benefits are being passed on to consumers.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-04224 Filed 3-1-18; 8:45 am]
 BILLING CODE 6712-01-P