[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)] [Notices] [Pages 1151-1153] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 00-337] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission; Comments Requested December 28, 1999. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency 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. Comments are requested concerning (a) 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; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) 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. DATES: Written comments should be submitted on or before March 7, 2000. 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 [[Page 1152]] advise the contact listed below as soon as possible. ADDRESSES: Direct all comments to Les Smith, Federal Communications Commission, 445 12th Street, S.W., Room 1-A804, Washington, DC 20554 or via the Internet to [email protected]. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collections contact Les Smith at (202) 418-0217 or via the Internet at [email protected]. SUPPLEMENTARY INFORMATION: OMB Approval Number: 3060-0463. Title: Telecommunications Services for Individuals with Hearing and Speech Disabilities and the Americans with Disabilities Act of 1990--CC Docket No. 90-571 and Telecommunications Relay. Form Number: N/A. Type of Review: Extension. Respondents: Business or other for profit; state, local or tribal government; individuals or households. Number of Respondents: 103 respondents. Estimated Time Per Response: 112.6 hours per response (avg.). Frequency of Response: On occasion, every five years. Total Annual Burden: 21,557 hours. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Needs and Uses: 47 CFR Part 64, Subpart F implements certain provisions of the ADA of 1990. 47 CFR Section 64.605 establishes the procedures for certifying state programs. Section 64.604 establishes procedures for filing complaints. Information will be used to determine whether a state's program is certifiable according to federal requirements and to determine the merits of complaints filed. The Commission issued a NPRM in CC Docket No. 98-76 regarding telecommunications relay services and speech-to-speech (STS) relay services for persons with hearing and speech disabilities. Rules proposed in the NPRM would require that common carriers providing voice transmission service must ensure that nationwide STS relay services are available to users with speech disabilities throughout their service area. Rules proposed in the NPRM also would amend the Commission's current mandatory minimum standards for TRS service to improve the effectiveness of those rules and their application to TRS service. Those affected are states seeking certification of their programs and any member of the public who wants to file a complaint against specific carriers. OMB Approval Number: None. Title: Auditor's Annual Independence and Objectivity Certification. Form Number: N/A. Type of Review: New Collection. Respondents: Business or other for profit. Number of Respondents: 7 respondents. Estimated Time Per Response: 10 hours per response (avg.). Frequency of Response: On occasion; annually. Total Annual Burden: 70 hours. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Needs and Uses: The Responsible Accounting Officer Letter (RAO) requires that carriers' independent auditors disclose in writing all relationships between the auditor and its related entities and the carrier and its related entities that in the auditor's professional judgment may reasonably be thought to bear on independence; confirm in writing in its professional judgment it is independent of the carrier; and discuss the auditor's independence. The information will be used to determine whether the independent auditor's are performing their audits independently and unbiased of the carrier they audit. OMB Approval Number: 3060-0774. Title: Federal-State Joint Board on Universal Service--CC Docket No. 96-45, 47 CFR Part 54. Form Number: N/A. Type of Review: Extension. Respondents: Business or other for profit; state, local or tribal government. Number of Respondents: 5,565,451 respondents. Estimated Time Per Response: .32 hours per response (avg.). Frequency of Response: On occasion; quarterly; annually; recordkeeping. Total Annual Burden: 1,787,278 hours. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Needs and Uses: 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 lop 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 update specified in 47 CFR 54.307(c). For a competitive eligible telecommunications carrier serving 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 relieves 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. 47 CFR Section 54.309--Any state may file a petition for waiver to ask the Commission 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. c. 47 CFR Section 54.311--A state may file a petition for 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. 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). In the Sixth Order on Reconsideration in CC Docket No. 97-21 and the Fifteenth Order on [[Page 1153]] Reconsideration in CC Docket No. 96-45 (released 11/1/99), the Commission revised its rules governing the eligibility of services that the universal service support mechanism will support. The Commission also revised its rules to allow the Administrator to calculate the support based upon all distance-based charges. The Commission modified its rules to require health care providers and consortia of health care providers to maintain documentation of the amount of support for which each member of a consortium is eligible. The Commission modified its rules to allow new members to be added to a consortium even after the rural health care provider submits its application for support. OMB Approval Number: 3060-0233. Title: Separations--Part 36. Form Number: N/A. Type of Review: Extension. Respondents: Business or other for profit. Number of Respondents: 1500 respondents. Estimated Time Per Response: 104.75 hours per response (avg.). Frequency of Response: On occasion; quarterly; annually; third party disclosures. Total Annual Burden: 157,125 hours. Estimated Annual Reporting and Recordkeeping Cost Burden: $0. Needs and Uses: 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 U.S.C. 254, Congress instructed the Commission to establish specific, predictable, and sufficient mechanisms to preserve and advance universal service. 47 CFR 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 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. b. 47 CFR 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 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 36.721(a)(1)-(4). 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. 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. 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 47 CFR 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 47 CFR 36.721 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. OMB Control Number: None. Title: Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service. Form Number: N/A. Type of Review: New collection. Respondents: Business or other for-profit entities. Number of Respondents: 140. Estimate Time Per Response: 12.6 hrs. (avg.). Frequency of Response: Recordkeeping; On occasion reporting requirements. Total Annual Burden: 1,766 hours. Total Annual Costs: None. Needs and Uses: The Report and Order and Memorandum Opinion and Order, in WT Docket No. 98-169, adopted September 7, 1999 and released September 10, 1999, 64 FR 59656 (November 3, 1999), as codified at 47 CFR 1.2105(a)(2)(xi) and 95.816(b), offers various financial restructuring options to the 218-219 MHz licensees regarding their existing installment payment obligations and permits eligible licensees to choose (i) reamortization and resumption of installment payments on their licenses; (ii) an amnesty option wherein eligible licensees surrender any licenses they choose to the Commission for subsequent auction and, in return, have all of the outstanding debt on those licenses forgiven; or (iii) a prepayment option whereupon licensees may retain or return as many licenses as they desire; however, licensees electing the prepayment option must prepay the outstanding principal of any license they wish to retain. The information requested provides the FCC with the data to implement the restructuring option(s) chosen by current and former 218-219 MHz licensees. The staff will use this information to maintain data on current licensees, new installment payment terms, refunds to licensees, and spectrum returned to the FCC for auction. The information collection is necessary in order to enable the licensees to meet their financial obligations to the Commission that will help ensure rapid provision of 218-219 MHz service to the public. Federal Communications Commission. Magalie Roman Salas, Secretary. [FR Doc. 00-337 Filed 1-6-00; 8:45 am] BILLING CODE 6712-01-U