2011-28520. Information Collection Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority

AGENCY:

Federal Communications Commission.

ACTION:

Notice and request for comments.

SUMMARY:

As part of its continuing effort to reduce paperwork burdens and as required by the Paperwork Reduction Act of 1995, Public Law 104-13, the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). 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; (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; and (e) ways to further 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 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.

DATES:

Persons wishing to comment on this information collection should submit comments January 3, 2012. 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 contact listed below as soon as possible.

ADDRESSES:

Submit your PRA comments to Nicolas A. Fraser, Office of Management and Budget (OMB), via fax at [phone], or via the Internet at [e-mail], and to [e-mail], Federal Communications Commission (FCC). To submit your comments by email send them to: [e-mail].

FOR FURTHER INFORMATION CONTACT:

For additional information about the information collection(s), contact Judith B. Herman at [phone].

SUPPLEMENTARY INFORMATION:

OMB Control No.: 3060-0400.

Title: Tariff Review Plan (TRP).

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit.

Number of Respondents: 92 respondents; 92 responses.

Estimated Time per Response: 50 hours.

Frequency of Response: Annual and biennial reporting requirements.

Obligation to Respond: Mandatory. Statutory authority for this collection of information is contained in 47 U.S.C. sections 201, 202, 203 and 204 of the Communications Act of 1934, as amended.

Total Annual Burden: 4,600 hours.

Annual Cost Burden: N/A.

Privacy Act Impact Assessment: N/A.

Nature and Extent of Confidentiality: Respondents are not being asked to submit confidential information to the Commission. If the Commission requests respondents to submit information which respondents believe are confidential, respondents may request confidential treatment of such information under 47 CFR 0.459 of the Commission's rules.

Needs and Uses: The Commission is seeking Office of Management and Budget (OMB) approval for an extension of this information collection (no change in the reporting requirements). The Commission will submit this expiring information collection to the OMB after this 60 day comment period in order to obtain the three year clearance from them. There is an adjustment to the Commission's previous burden estimates. The Commission is now reporting 92 respondents and responses with an estimated time of 4,600 burden hours, which is an increase of 1,733 hours since the last time this was submitted to the OMB in 2009 for review and approval. The increase adjustment is a result of the increase in the number of respondents/responses, an increase in the number of respondents filing separately and an increase in the resulting total annual burden hours. The total number of respondents has increased by 45; from 47 to 92, which is a result of an increase in the number of price cap carriers as well as an increase in the number of respondents filing separately.

Sections 201, 202 and 203 of the Communications Act of 1934, as amended, require common carriers to establish just and reasonable charges, practices and regulations for their interstate telecommunications services they provide.

For services that are still covered under Section 203, tariff schedules containing charges, rates, rules and regulations must be filed with the Commission. If the FCC takes no action within the notice period, then the filing becomes effective. The Commission is granted broad authority to require the submission of data showing the value of the property used to provide the services, some of which are automatically required by its rules and some of which can be required through individual requests. All filings that become effective are considered legal but only those filed pursuant to Section 204(a)(3) of the Act are deemed lawful.

For services that are detariffed, no tariffs are filed at the FCC and determination of reasonableness and any unreasonable discrimination is generally addressed through the complaint process. Incumbent local exchange carriers (ILECs) can make a voluntary tariff filing at any time, but are required to update rates annually or biennially. See 47 CFR 69.3 of the Commission's rules.

The Commission has developed standardized Tariff Review Plans (TRPs) which set forth the summary material ILECs file to support revisions to the rates in their interstate access service tariffs. The TRPs display basic data on rate development in a consistent manner, thereby facilitating review of the ILEC rate revisions by the Commission and interested parties. The TRPs have served this purpose effectively in the past years.

Incentive-based regulation (price caps) was developed by the Commission to simplify the process of determining the reasonableness of rates or rate restructures for those ILECs subject to price caps. Supporting material requirements for price cap ILECs qualifying for pricing flexibility have been eliminated. In addition, ILECs having 50,000 or fewer access lines do not have to file any supporting material unless requested to do so.

Federal Communications Commission.

Marlene H. Dortch,

Secretary, Office of the Secretary, Office of Managing Director.