[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68778-68779]
From the Federal Register Online via the Government Publishing 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
[email protected]. To submit your PRA comments by email, send them
to [email protected].
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 [email protected]., 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