[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)] [Notices] [Pages 70025-70028] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32408] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION Public Information Collections Approved by Office of Management and Budget December 6, 1999. The Federal Communications Commission (FCC) has received Office [[Page 70026]] of Management and Budget (OMB) approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. For further information contact Shoko B. Hair, Federal Communications Commission, (202) 418- 1379. Federal Communications Commission OMB Control No.: 3060-0894. Expiration Date: 05/31/2000. Title: Certification Letter Account for Receipt of Federal Support--CC Docket Nos. 96-45 and 96-262. Form No.: N/A. Respondents: State, Local or Tribal Government. Estimated Annual Burden: 51 respondents; 3 hours per response (avg.); 153 total annual burden hours for all collections. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Frequency of Response: On occasion; Annually. Description: States that desire non-rural incumbent local exchange carriers (LECs) and/or eligible telecommunications carriers serving lines in the service area of a non-rural incumbent LEC within their jurisdiction to receive support pursuant to 47 CFR sections 54.309 and/ or 54.311 must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carriers within that state will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. A certification may be filed in the form of a letter and must be filed with both the Office of Secretary of the Commission and with the Administrator on or before the deadlines set forth in 47 CFR 54.313(c)(1)-(3). The annual certification must identify which carriers in the State are eligible to receive federal support during the applicable 12 month period and must certify that those carriers will only use the support for the provision, maintenance, and upgrading of facilities and services for which the support is intended. A state may file a supplemental certification for carriers not subject to the State's annual certification. See 47 CFR section 54.313. This information will be used to show that federal high-cost support is being provided to the carrier to assist in keeping rates affordable in those subscribers' area. Further, the collection of information will be used to verify that the carries have accounted for its receipt of federal support in its rates or otherwise used the support for the ``provision, maintenance, and upgrading of facilities and services for which the support is intended'' in accordance with section 254(e). Obligation to respond: required to obtain or retain benefits. OMB Control No.: 3060-0233. Expiration Date: 05/31/2000. Title: Separations--Part 36. Form No.: N/A. Respondents: Business or other for-profit. Estimated Annual Burden: 1500 respondents; 104.75 hours per response (avg.); 157,125 total annual burden hours for all collections. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Frequency of Response: On occasion; quarterly; annually; third party disclosures. Description: Telephone companies are required to identify investment, expenses and revenues attributable to intrastate and interstate operations pursuant to a court decision. These procedures are found in 47 CFR Part 36. In the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Congress codified the Commission's historical policy of promoting universal service to ensure that consumers in all regions of the nation have access to telecommunications service. In 47 USC section 254, Congress instructed the Commission to establish specific, predictable, and sufficient mechanisms to preserve and advance universal service. 47 CFR Sections 36.601-36.741 contain the following procedures and collections for the Universal Service Fund Program. a. 47 CFR Sections 36.611 and 36.612-- In order to allow determination of the study areas that are entitled to an expense adjustment, and the wire centers that are entitled to support pursuant to 47 CFR Part 54, each incumbent local exchange carrier must provide the National Exchange Carrier Association (NECA) with the information required by 47 CFR section 36.611 for each of its study areas, with the exception of the information listed in subsection (h), which must be provided for each study area and, if applicable, for each wire center as that term is defined in 47 CFR Part 54. This information is to be filed with NECA by July 31st of each year, and must be updated pursuant to 47 CFR section 36.612. The information filed on July 31st of each year will be used in the jurisdictional allocations underlying the cost support data for the access charge tariffs to be filed the following October. (No. of respondents: 1431; hours per response: 22 total annual burden: 125,928). b. 47 CFR sections 36.701-36.741--State or local carriers must submit copies of their lifeline plans to demonstrate that their plans meet certain minimum federal guidelines to qualify for federal assistance. 47 CFR section 36.721 requires state or local telephone companies who want to participate in the ``Link-Up America'' Program to file data with the Commission demonstrating eligibility pursuant to the criteria contained in 47 CFR section 36.721(a)(1)-(4). (No. of respondents: 50; hours per response: 20 hours; total annual burden: 1000 hours). c. 47 CFR section 36.731 requires local telephone companies participating in the lifeline programs to file information with NECA for each of their study areas, on a yearly basis, on June 30th. Information to be filed with NECA includes: estimate of the number of eligible households which will receive assistance under both parts of the ``Link-Up America'' programs; estimate of the average discount on service commencement to be provided to each subscriber; and estimate of the average deferred interest cost for each subscriber. Carriers must submit the foregoing information to the Commission, as well as to NECA for those study areas in which the additional interstate expense allocation is to be in effect for less than a full calendar year. See also 47 CFR section 36.741. (No. of respondents: 1500; hours per response: 20 hours; total annual burden: 30,000 hours). d. In a NPRM issued in CC Docket No. 80- 286, released 10/7/97, the Commission sought comment on a proposed rule allowing incumbent LECs to separate joint and common costs on an individual basis should be contingent upon an ILECs showing that competition exists in the local markets for which they seek relaxed separations rules. (No. of respondents: 100; hours per response: 2 hours; total annual burden: 200 hours). The requirements contained herein are necessary to implement the congressional mandate for universal service. The reporting requirements are necessary to verify that non-rural local exchange carriers are eligible to receive universal service support. Information filed with NECA pursuant to section 36.611 is used in the jurisdictional allocations underlying the cost support data for the access charge tariffs every April. Without this information, NECA would not be able to prepare and file the necessary tariffs. Information submitted to the Commission pursuant to Section 36.721 [[Page 70027]] is required to maintain the integrity of the Federal Lifeline Assistance programs. Certification is necessary to ensure that the targeted group is the beneficiary of the program. The authorities for imposing the collections of information are found at: 47 USC Sections 151, 154(i) and (j), 221(c) and 410(c). Obligation to respond: Mandatory. OMB Control No.: 3060-0774. Expiration Date: 05/31/2000. Title: Federal-State Joint Board on Universal Service--CC Docket No. 96-45, 47 CFR Part 54. Form No.: N/A. Respondents: Business or other for-profit; State, Local or Tribal government. Estimated Annual Burden: 5,565,451 respondents; .32 hours per response (avg.); 1,787,278 total annual burden hours for all collections. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Frequency of Response: On occasion; quarterly; annually; recordkeeping. Description: In the Ninth Report and Order and Eighteenth Order on Reconsideration in CC Docket No. 96-45, released November 2, 1999, the Commission modified 47 CFR Part 54 by adopting several amendments to the current data reporting requirements to ensure that cost and loop count data submitted by non-rural carriers under 47 CFR Part 36 conforms with loop count data submitted under Part 54 for forwarding looking support. The amended sections containing information collections are as follows. a. 47 CFR Section 54.307--In order to receive support, a competitive eligible telecommunications carrier must report to the Administrator on July 31 of each year the number of working loops it serves in a service area as of December 31 of the preceding year, subject to updates specified in 47 CFR 54.307(c). For a competitive eligible telecommunications carrier service loops in the service area of a rural telephone company, the carrier must report the number of working loops it serves in the service area. For a competitive eligible telecommunications carrier serving loops in the service area of a non-rural telephone company, the carrier must report the number of working loops it serves in the service area and the number of working loops it serves in each wire center in the service area. A competitive eligible telecommunications carrier serving loops in the service area of a non-rural carrier telephone company, the carrier must update the information submitted to the Administrator pursuant to 47 CFR 54.307(c)(1)-(3). Because the interim hold-harmless provision provides support based on the existing 47 CFR Part 36 support mechanism, which relies on book costs, non-rural incumbent LECs will be required to file cost data, in addition to loop-count data, in order to receive interim hold-harmless support. (No. of respondents: 1300; 4.1 hours per response: total annual burden: 5400 hours). 47 CFR Section 54.309--Any state may file a petition for a waiver to ask the Commission to distribute support calculated to a geographic area different than the wire center. Such petition must contain a description of the particular geographic level to which the state desires support to be distributed, and an explanation of how waiver will further the preservation and advancement of universal service within the state. (No. of respondents: 51; hours per response: 4 hours; total annual burden: 204 hours). c. 47 CFR Section 54.311--A state may file a petition for a waiver asking the Commission to distribute interim hold-harmless support to a geographic area different than the wire center. Such petition must contain a description of the particular geographic level to which the State desires interim hold-harmless support to be distributed, and an explanation of how waiver will further the preservation and advancement of universal service within the state. (No. of respondents: 51; hours per response: 4; total annual burden: 204 hours). The information will be used to show that federal high-cost support is being provided to the carrier to assist in keeping rates affordable in those subscribers' area. Further, the collection of information will be used to verify that the carriers have accounted for its receipt of federal support in its rates or otherwise used the support for the ``provision, maintenance, and upgrading of facilities and services for which the support is intended'' in accordance with 47 USC Section 254(e). Obligation to respond: Mandatory. OMB Control No.: 3060-0874. Expiration Date: Title: Consumer Complaint Forms. Form No.: FCC Forms 475 and 476. Respondents: Individuals or households; Business or other for- profit; Not-for-profit institutions; Federal Government. Estimated Annual Burden: 80,000 respondents; .50 hours per response (avg.); 40,000 total annual burden hours for all collections. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Frequency of Response: On occasion. Description: Pursuant to 47 USC Section 208 and 47 CFR Sections 1.711 and 1.716, consumers may file complaints against common carriers with the Commission. Section 208(a) authorizes complaints by any person ``complaining of anything done or omitted to be done by any common carrier'' subject to the provisions of the Act. Section 208(a) specifically states that ``it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper.'' Once an informal complaint is determined to involve a dispute within the Commission's jurisdiction, it is forwarded to the carrier(s) involved. The data provided by consumers not only assists the carriers to adequately address consumers' issues, but also provides the commission with baseline data required to monitor and assess the practices of common carriers. This assessment facilitates enforcement of the Communications Act and Commission rules; and helps to identify where rulemakings are required to further protect the interests of consumers. The Complaint Form, FCC Form 475, will provide consumers a concise structured approach to communicate critical information required by the Commission to facilitate complaint resolution and enhance the collection of data related to unjust and unreasonable practices of common carriers. (No. of respondents: 40,000; hours per response: .50 hours; total annual burden: 40,000. The Give Us the Scoop form, FCC Form 476, will provide consumers a concise structured approach to communicate information required by the Commission to monitor the practices of common carriers. In many instances, consumers who have experienced problems with carriers are able to resolve their problem directly with the carriers. As a result, they do not understand that there is still a need to report the incident to the regulating agency or agencies. In such cases, the Commission has lost access to critical data that can be used to identify unlawful or unethical carrier practices. To address specific issues before they become a significant problem, the Commission has to collect data that leads to proactive enforcement and rulemaking. (No. of respondents; 40,000; hours per response: .50 hours; total annual burden; 40,000 hours). Consumers can currently use FCC Forms 475 and 476 via the Internet (www.fcc.gov) or through the FCC's toll-free number to file a complaint or provide information. However, since a large number of consumers may not [[Page 70028]] have access to the Internet or be able to call the toll-free number during the workday, a consumer form has been developed which can be mailed or faxed to consumers upon request. The information will be used by Commission staff to assist in the resolution of complaints and as a part of the investigation work done by Federal and state law enforcement agencies to monitor carrier practices. The data ultimately becomes the foundation for enforcement actions. (Obligation to respond: Voluntary). Public reporting burden for the collections of information is as noted above. Send comments regarding the burden estimate or any other aspect of the collections of information, including suggestions for reducing the burden to Performance Evaluation and Records Management, Washington, D.C. 20554. Federal Communications Commission. Magalie Roman Salas, Secretary. [FR Doc. 99-32408 Filed 12-14-99; 8:45 am] BILLING CODE 6712-01-P