E9-28460. Notice of Public Information Collection Being Reviewed by the Federal Communications Commission, Comments Requested

November 20, 2009.

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(s), as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. 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:

Persons wishing to comments on this information collection should submit comments on January 29, 2010. 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:

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

FOR FURTHER INFORMATION CONTACT:

Judith B. Herman, OMD, 202-418-0214. For additional information about the information collection(s) send an e-mail to [e-mail] or contact Judith B. Herman, 202-418-0214.

SUPPLEMENTARY INFORMATION:

OMB Control No: 3060-0816.

Title: Local Telephone Competition and Broadband Reporting, Report and Order, WC Docket No. 07-38, FCC 08-89; Order on Reconsideration, WC Docket No. 07-38, FCC 08-148.

Form No.: FCC Form 477.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit, not-for-profit institutions, and state, local or tribal government.

Number of Respondents: 1,790 respondents; 3,580 responses.

Estimated Time Per Response: 289 hours (average).

Frequency of Response: Semi-annual reporting requirement.

Obligation to Respond: Mandatory. Statutory authority for this information collection is contained in 47 U.S.C. Sections 4(i), 201, 218-220, 251-252, 271, 303(r), 332 and 403 of the Communications Act of 1934, as amended; 47 U.S.C. Section 1302; as well as 47 U.S.C. section 706 of the Telecommunications Act of 1996.

Total Annual Burden: 1,034,620 hours.

Total Annual Cost: N/A.

Privacy Act Impact Assessment: N/A.

Nature and Extent of Confidentiality: The Commission will continue to allow respondents to certify, on the first page of each submission, that some data contained in that submission are privileged or confidential, commercial or financial information and that disclosure of such information would likely cause substantial harm to the competitive position of the entity making the submission. If the Commission receives a request for, or proposes to disclose the information, the respondent would be required to make a full showing pursuant to the Commission's rules for withholding from public inspection information submitted to the Commission. The Commission will retain its current policies and procedures regarding the confidential treatment of submitted FCC Form 477 data, including the use of aggregated, non-company specific data in its published reports.

Need and Uses: This information collection is being submitted to the Office of Management and Budget (OMB) after this 60 day comment period in order to obtain the full three year clearance. The Commission is reporting a decrease of 50,520 hours to the total annual burden. This adjustment decrease is due to respondents' increased familiarity with the new, on-line filing procedures and with the changes to their own systems that were necessary to comply with this information collection. During the first two filing windows during OMB's one year conditional approval of the data collection on a pilot basis, the Commission has been flexible with and assisted respondents who had difficulty in submitting information in the new format.

This collection improves the Commission's understanding of the extent of broadband deployment, facilitating the development of appropriate broadband policies and the Commission's ability to carry out its obligation under section 706 of the Telecommunications Act of 1996 to “determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” In addition, the Telecommunications Act of 1996 directs the Commission to take actions to open all participants, including new entrants. A central task in creating this framework is the opening of previously monopolized local telecommunications markets. By collecting timely and reliable information about the pace and extent of competition for local telephony service in different geographic areas, including rural areas, the Commission significantly improves the ability to evaluate the effectiveness of actions the Commission and the states are taking to facilitate economic competition in those areas.

The information is used by Commission staff to prepare reports that help inform consumers and policy makers at the federal and state level of the development of competition in the local telephone service market and the deployment of broadband services. The Commission will continue to use the information to better inform its understanding of broadband deployment in conjunction with its congressionally mandated section 706 reports. The Commission also uses the data to support its analyses in a variety of rulemaking proceedings under the Communications Act of 1934, as amended. Absent this information collection, the Commission would lack essential data for assisting it in determining the effectiveness of its policies and fulfilling its statutory responsibilities in accordance with the Communications Act of 1934, as amended.

Federal Communications Commission.

William F. Caton,

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