98-31492. Public Information Collections Approved by Office of Management and Budget

[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Notices]
[Pages 65208-65209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31492]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

November 16, 1998.
    The Federal Communications Commission (FCC) has received Office 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.: 3060-0859.
    Expiration Date: 05/31/99.
    Title: Suggested Guidelines for Petitions for Ruling Under Section 
253 of the Communications Act.
    Form No.: N/A.
    Respondents: Business or other for-profit; State, local or tribal 
government.
    Estimated Annual Burden: 80 respondents; 78.5 hours per response 
(avg.); 6280 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: Section 253 of the Communications Act of 1934, as 
amended requires the Commission, with certain important exceptions, to 
preempt the enforcement of any state or local statute or regulation, or 
other state or local legal requirement (to the extent necessary) that 
prohibits or has the effect prohibiting the ability of any

[[Page 65209]]

entity to provide any interstate or intrastate telecommunications 
service. The Commission's consideration of preemption begins with the 
filing of a petition by an aggrieved party. In order to render a timely 
and informed decision, petitioners and commenters should submit 
relevant information sufficient to describe the legal regime involved 
in the controversy and to establish the factual basis necessary for 
decision. Factual assertions should be supported by credible evidence, 
including affidavits, and, where appropriate, studies or other 
descriptions of the economic effects of the legal requirement that is 
the subject to the petition. In preparing their submissions, parties 
should address as appropriate all parts of section 253. In particular, 
parties should first describe whether the challenged requirement falls 
within the proscription of section 253(a); if it does, parties should 
describe whether the requirement nevertheless if permissible under 
other sections of the statute, specifically sections 253(b) and (c). 
Lastly, parties should submit information on whether and how the 
Commission could tailor a decision to preempt the enforcement of an 
offending legal requirement only ``to the extent necessary to correct 
such violation or inconsistency'' as required by section 253(d). 
(Number of respondents filing petitions: 20; annual hour burden per 
respondent: 125 hours; total annual burden = 2500 hours. Number of 
respondents filing comments on petitions: 60; annual hour burden per 
respondent: 63 hours; total annual burden = 3780). The petition is 
placed on public notice and commented on by others. The Commission 
issued a Public Notice that establishes guidelines relating to its 
consideration of preemption petitions. The Commission will use the 
information to discharge its statutory mandate relating to the 
preemption of state or local statutes or other state or local legal 
requirements. 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. 98-31492 Filed 11-24-98; 8:45 am]
BILLING CODE 6712-01-P