[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Pages 26602-26606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12665]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collections Approved by Office of Management
and Budget
May 6, 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.: 3060-0330.
Expiration Date: 04/30/2001.
Title: Part 62 - Applications to Hold Interlocking Directorates.
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden:10 respondents; 2 hour per response (avg.);
20 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: Persons seeking to hold interlocking positions with
more than one carrier subject to the Communications Act of 1934, as
amended, where any carrier sought to be interlocked has been found by
the Commission to have market power and is defined as a dominant
carrier or where any carrier has not yet been found to be non-dominant,
except for cellular licensees in different geographic markets must file
an application pursuant to 47 CFR Part 62. The collection of
information is authorized by 47 U.S.C. Section 212. Congress mandated
information collection under 47 U.S.C. Section 212 to be conducted by
the Federal Communications Commission to monitor the effect of
interlocking directorates on the telecommunications industry and to
ensure they will not have any anticompetitive impact. Part 62 of the
Commission's Rules and Regulations implements the statute. The
information is used by Commission staff to deter anticompetitive
practices. Obligation to respond: Mandatory.
OMB Control No.: 3060-0807.
Expiration Date: 04/30/2001.
Title: 47 CFR Section 51.803 and Supplementation Procedures for
Petitions to Section 252(e)(5) of the Communications Act of 1934, as
amended.
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden: 52 respondents; 39.23 hour per response
(avg.); 2040 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: Any interested party seeking preemption of a state
commission's jurisdiction based on the state commission's failure to
act shall notify the Commission as follows: (1) file with the Secretary
of the Commission a detailed petition, supported by an affidavit, that
states with specificity the basis for any claim that it has failed to
act; and (2) serve the state commission and other parties to the
proceeding on the same day that the party serves the petition on the
Commission. Within 15 days of the filing of the petition, the state
commission and parties to the proceeding may file a response to the
petition. See 47 U.S.C. Section 252 and CFR Section 51.803. In a Public
Notice (DA 97-2256), the Commission set out procedures for filing
petitions for preemption pursuant to section 252(e)(5) of the
Communications Act of 1934, as amended. Section 252(e)(5) provides that
``[i]f a State commission fails to act to carry out its responsibility
under this section in any proceeding or other matter under this
section, then the Commission shall issue an order preempting the State
commission's jurisdiction of that proceeding or matter within 90 days
after being notified (or taking notice) of such failure, and shall
[[Page 26603]]
assume the responsibility of the State commission under this section
with respect to the proceeding or matter and act for the State
commission.'' a. Filing of Petitions for Preemption. Each party seeking
preemption should caption its preemption petition, ``Petition of
[Petitioner's Name] pursuant to Section 252(e)(5) of the Communications
Act (the Act).'' In addition, on the date of the petition's filing, the
petitioner should serve a copy of the petition by hand delivery on the
Common Carrier Bureau, and send a copy to the Commission's contractor
for public service records duplication. Section 51.803(a)(2) of the
Commission's rules requires each party seeking preemption pursuant to
section 252(e)(5) to ``ensure that the state commission and the other
parties to the proceeding or matter for which preemption is sought are
served with the petition ... on the same date that the petitioning
party serves the petition on the Commission.'' Therefore, each section
252(e)(5) petitioner should state in its certificate of service the
steps it is taking to comply with this requirement (e.g., hand delivery
or overnight mail). Petitions seeking preemption must be supported by
affidavit and state with specificity the basis for the petition and any
information that supports the claim that the state has failed to act.
See 47 CFR 51.803. Each petitioner should append to its petition the
full text of any State commission decision regarding the proceeding or
other matter giving rise to the petition as well as the relevant
portions of any transcripts, letters, or other documents on which the
petitioner relies. Each petitioner should also provide a chronology of
that proceeding or matter that lists, along with any other relevant
dates, the date the petitioner requested interconnection, services, or
network elements pursuant to section 251 of the Act, the dates of any
requests for mediation or arbitration pursuant to section 252(a)(2) or
(b)(1), and the dates of any arbitration decisions in connection with
the proceeding or matter. (No. of respondents: 50; hours per response:
40 hours; annual burden: 2000 hours). b. Submission of Written Comments
by Interested Third Parties. Interested third parties may file comments
on a preemption petition in accordance with a public notice to be
issued by the Commission. Commenters should provide identical material
to that required of petitioners to the extent the relevant documents or
information is not already included in the record in the proceeding.
(No. of respondents: 2; hours per response: 20 hours; annual burden: 40
hours). All of the requirements are used to ensure that petitioners
have complied with their obligations under the Communications Act of
1934, as amended. Obligation to respond: Required to obtain benefit.
OMB Control No.: 3060-0830.
Expiration Date: 10/31/98.
Title: Year 2000 Data Request (CCB).
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden: 41 respondents; 30.04 hour per response
(avg.); 1232 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: One time.
Description: Many computer software programs used throughout the
world were not designed to take into account the date change that will
occur when we enter the year 2000. Computer and technology experts are
uncertain as to the likely total effect of this so-called ``Millennium
Bug.'' All sectors of the global economy rely on telecommunications
networks. Failure to avert significant network failures could be
calamitous. It is critical that the telecommunications industry take
comprehensive and effective action to address the Year 2000 (Y2K)
problem. Government and industry must work together to ensure that
whatever disruptions occur do not lead to outages and failures
throughout the nation's networks. Certain telecommunications carriers
and major equipment manufacturers have been asked to provide
information as requested in letters mailed to them regarding steps that
have been taken to prevent Y2K computer system failures when the year
2000 arrives and to share information with other companies, and post
their responses to the questions on their World Wide Website.
Authority: 47 U.S.C. sections 151, 218, 403. The information collected
will be used to better inform the FCC as to the magnitude of the threat
posed by the year 2000 problem, and to determine if the FCC must act if
it appears that the remedial measures taken by industry are not
sufficient to avert significant network outages. The public must be
assured that the telecommunications industry is taking sufficient steps
to meet the challenges presented by the Millennium Bug. Obligation to
respond: Mandatory.
OMB Control No.: 3060-0810.
Expiration Date: 05/31/2001.
Title: Procedures for Designation of Eligible Telecommunications
Carriers Pursuant to Section 214(e)(6) of the Communications Act of
1934, as amended.
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden: 35 respondents; 47.14 hour per response
(avg.); 1650 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: The Communications Act of 1934, as amended (the Act),
mandates that, after the date the Commission's rules implementing
section 254 of the Act, only eligible telecommunications carriers may
receive universal service support. The Commission's rules implementing
section 254 of the Act take effect on January 1, 1998. Under the Act,
state commissions must designate telecommunications carriers as
eligible. On December 1, 1997 Public Law 105-125 added subsection
(e)(6) to section 214(e) of the Act. New section 214(e)(6) states that
a telecommunications carriers that is not subject to the jurisdiction
of a state may request that the Commission determine whether it is
eligible. Specifically, section 214(e)(6) states that ``[i]n the case
of a common carrier ... that is not subject to the jurisdiction of a
State commission, the Commission shall upon request designate such a
common carrier that meets the requirements of paragraph (1) as an
eligible telecommunications carrier for a service area designated by
the Commission ... .'' The Commission must evaluate whether such
telecommunications carriers, almost all of which are expected to be
companies owned by Native American tribes, meet the eligibility
criteria set forth in the Act. The Commission must obtain sufficient
information to verify compliance with section 214(e)(6) so that final
action may be taken to avoid hardship on these carriers who will
otherwise lose the support that they are currently receiving. a.
Petition for Designation as Eligible Telecommunications Carriers
Pursuant to Section 214(e)(6). Carriers seeking designation from the
Commission pursuant to section 214(e)(6) must demonstrate that they
fulfill the requirements of section 214(e)(1). Carriers seeking
designation from the Commission early in 1998 are instructed to provide
a petition. b. Submission of Written Comments by Interested Third
Parties. Oppositions or comments on petitions are due 10 days after a
Public Notice announcing receipt of a petition is released. Reply
comments are due 7 days after comments are due. The Commission will use
the information
[[Page 26604]]
collected to determine whether the telecommunications carriers
providing the data are eligible to receive universal service support.
Obligation to comply: Required to obtain benefit.
OMB Control No.: 3060-0828.
Expiration Date: 10/31/98.
Title: State Forward-Looking Cost Studies for Federal Universal
Service Support (Public Notice).
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden: 47 respondents; 19 hour per response
(avg.); 893 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: Pursuant to Congress's directive in section 254 of the
Telecommunications Act of 1996 (1996 Act) that the Commission establish
support mechanisms to ensure the delivery of affordable
telecommunications service to all Americans, the Commission determined
in the Order released May 8, 1997 that universal service support for
rural, insular, and high cost areas (collectively referred to as high
cost areas) should be based on forward-looking economic costs. The
Commission stated that it will select a forward-looking economic cost
mechanism for non-rural carriers by August 1998 that will replace
current support mechanisms for non-rural carriers on January 1, 1999.
In the Universal Service Order, the Commission concluded that states
could submit forward-looking economic cost studies as the basis for
calculating federal universal service high cost support for non-rural
carriers in lieu of using the federal mechanism for determining federal
universal service high cost support for non-rural carriers. The
Commission adopted specific criteria to guide the states as they
conduct those studies. The Commission stated that it will review each
study submitted by a state, along with applicable comments. If the
Commission finds that a state cost study meets the specified criteria,
the Commission will approve the study for use in calculating federal
support for non-rural eligible telecommunications carriers in rural,
insular, and high cost areas in that state in accordance with the
Universal Service Order. If a state cost study fails to meet the
criteria adopted in the Universal Service Order, or if a state does not
submit a study, the Commission will determine non-rural carriers'
forward-looking economic cost of providing universal service in that
state according to the Commission's forward-looking cost methodology.
In a Public Notice, we set forth the information we need to evaluate
whether a state's cost study complies with the criteria set forth in
the Universal Service Order. To enable the Commission to make its
determination in a timely fashion, we also set forth the manner in
which this information should be presented. This collection, developed
with the assistance of the Joint Board, is to be used by all states
submitting cost studies, and should simplify and standardize the
submission and review of state cost studies for the Commission, the
states, and other interested parties. The Commission will use the
information collected to evaluate whether state cost studies meet the
criteria established in the Universal Service Order. Obligation to
respond: Voluntary.
OMB Control No.: 3060-0253.
Expiration Date: 04/30/2001.
Title: Part 68 - Connection of Telephone Equipment to the Telephone
Network (Sections 68.106, 68.108, 68.110).
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden: 57,540 respondents; .056 hour per response
(avg.); 3270 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: Title II of the Communications Act of 1934, as
amended, 47 U.S.C. Section 201 et al provides the statutory authority
for the Commission to promulgate the rules and regulations contained in
Part 68 of FCC Rules, 47 CFR 68. Part 68 of FCC's rules and regulations
establishes nationwide technical standards for telephone and data
equipment designed for connection to the network. Part 68 also sets
forth the terms and conditions for connection and for the registration
of customer provided terminal equipment. The purpose of part 68 is to
protect the network from certain types of harm and interference to
other subscribers. Information submitted is used by the Common Carrier
Bureau staff and FCC Laboratory for evaluation of equipment to
determine whether such equipment meets the criteria set forth in part
68 of the Commission's Rules. This is necessary in order to prevent
improperly designed equipment from causing harm to the nation's
telephone network. Part 68 also contains third party disclosures
requirements and notifications which are designed to ensure that the
appropriate parties are notified when devices and equipment are
connected to the network. Section 68.106 requires customers connecting
terminal equipment or protective circuitry to the telephone network to
provide, upon request, the particular line(s) to which such connection
is made, the FCC registration number and ringer equivalence numbers
necessary to the telephone company. The customer may be subject to
other requirements depending on the components of the system being
connected to the network. For example, customers who intend to connect
premises wiring other than ``fully protected'' premises wiring to the
telephone network are required to give notice to the telephone company
in accordance with section 68.215(e). (No. of respondents: 50,000;
hours per response: .05 hours; total annual burden: 2500 hours).
Section 68.108 requires telephone companies to notify customers of
possible discontinuance of service when customer's equipment is
malfunctioning and to inform them of their right to file a complaint.
(No. of respondents: 7500; hours per response .10 hours; total annual
burden: 750 hours). Section 68.110 requires telephone companies to
provide technical information concerning inter-face parameters not
specified in Part 68 and to notify customers of changes in telephone
company facilities, equipment, operations or procedures where such
changes can be reasonably expected to render any customer's terminal
equipment incompatible with the telephone company's communication
facilities. (No. of respondents: 40; hours per response: .05 hours;
total annual burden: 20 hours). The purpose of the program is to
prevent harm to the telephone network when customer-provided telephone
equipment is connected to telephone network company lines and assure
that customers will not overload the telephone lines with excessive
equipment which could degrade service to the customer and to others.
Obligation to comply: Required.
OMB Control No.: 3060-0806.
Expiration Date:08/31/98.
Title: Universal Service, Schools and Libraries Universal Service.
Form No.: FCC Forms 470 and 471.
Respondents: Business or other for-profit.
Estimated Annual Burden: 60,000 respondents; 6 hour per response
(avg.); 360,000 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: On May 8, 1997, the Commission adopted rules in CC
Docket 96-45 providing discounts on all
[[Page 26605]]
telecommunications services, Internet access, and internal connections
for all eligible schools and libraries. The following forms are used to
implement these requirements and obligations: a. FCC Form 470 -
Description of Services Requested and Certification. Schools and
libraries ordering telecommunications services, Internet access, and
internal connections under the universal service discount program must
submit a description of the services desired to the Administrator.
Schools and libraries may use the same description they use to meet the
requirement that they generally face to solicit competitive bids. The
Administrator will then post a description of the services sought on a
website for all potential competing service providers to see and
respond to as if they were requests for proposals (RFPs). 47 CFR
54.504(b)92), 47 CFR 54.504(b)(3). Pursuant to section 254(h) of the
1996 Act, schools and libraries must certify under oath that: (1) the
school or library is an eligible entity under section 254(h)(4); (2)
the services requested will be used solely for educational purposes;
(3) the services will not be sold, resold, or transferred in
consideration for money or any other thing of value; and (4) if the
services are being purchased as part of an aggregated purchase with
other entities, the identities of all co-purchasers and the portion of
the services being purchased by the school or library. 47 CFR
54.504(b)(2). For schools ordering telecommunications services at the
individual school level (i.e., primarily non-public schools), the
person ordering such services should certify to the Administrator the
percentage of students eligible in that school for the national school
lunch program (or other comparable indicator of economic disadvantage
ultimately selected by the Commission). This requirement arises in the
context of determining which schools are eligible for the greater
discounts being offered to economically disadvantage schools. For
schools ordering telecommunications services at the school district
level, the person ordering such services for the school district should
certify to the Administrator the number of students in each of its
schools eligible for the national school lunch program (or other
comparable indicator of economic disadvantage). Schools and libraries
must also certify that they have developed a technology plan that has
been approved by an independent entity or the Administrator. The
technology plan should demonstrate that they will be able to deploy any
necessary hardware, software, and wiring, and to undertake any
necessary teacher training required to use the services ordered
pursuant to the section 254(h) discount effectively. 47 CFR
54.504(b)(2). (No. of respondents: 50,000; hours per response: 6 hours;
total annual burden; 300,000). b. FCC Form 471 - Services Ordered and
Certification. Schools and libraries that have ordered
telecommunications services, Internet access, and internal connections
under the universal service discount program must file FCC form 471
with the Administrator. This form requires schools and libraries to
indicate whether funds are being requested for an existing contract, a
master contract or whether it wishes to terminate service. Form 471
requires schools and libraries to list all services that have been
ordered and the corresponding discount to which it is entitled. The
school or library must also estimate its funding needs for the current
funding year and for the following funding year. 47 CFR 54.504(b)(2).
(No. of respondents: 60,000; hours per response: 6 hours; total annual
burden: 360,000). All schools and libraries planning to order services
eligible for universal service discounts must file FCC forms 470 and
471. The purpose of this information is to help determine which schools
are eligible for the greater discounts. Schools and libraries must
certify to the Administrator that they have developed an approved
technology plan via Form 470. Copies of the forms may be obtained via
e-mail from: www.neca.org>. Obligation to respond: Required to obtain
benefits.
OMB Control No.: 3060-0804.
Expiration Date: 08/31/98.
1Title: Universal Service - Health Care Providers Universal Service
Program.
Form No.: FCC Forms 465, 466, 467, and 468.
Respondents: Business or other for-profit.
Estimated Annual Burden: 18,400 respondents; 6.6 hour per response
(avg.); 121,500 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion.
Description: FCC Form 465 - Description of Services Requested and
Certification. All health care providers requesting services eligible
for universal service support must file a Description of Services and
Certification form with the Administrator. Filing this form is the
first step a health care providers must take to participate in the
universal service program. The Administrator will then post a
description of the services sought on a website for all potential
competing service providers to see and respond to as if they were
requests for proposals (RFPs). (No. of respondents: 12,000; hours per
response: 2.5; total annual burden: 30,000). FCC Form 466 - Services
Ordered and Certification. All health care providers ordering services
that are eligible for universal service support must file a Services
Ordered and Certification Form with the Administrator. 47 CFR
54.603(b)(4). Form 466, Services Ordered and Certification will be used
to ensure health care providers have selected the most cost-effective
method of providing the requested services as set forth in 47 CFR
54.603(b)(4). FCC Form 466 is also the means by which an applicant
informs the Administrator that it has entered a contract with a
telecommunications service provider for services that are supported
under the universal services support program. The administrator must
receive this form before it can commit universal service funds to
support the services for which the applicant has contracted. (No. of
respondents: 15,000; hours per response: 1.5 hours; total annual
burden: 22,500 hours). FCC Form 467, Receipt of Service Confirmation.
All health care providers that are receiving supported
telecommunications service must file this form with the Administrator.
The data in the report will be used to ensure that health care
providers are receiving the services they have contracted for with
telecommunications service providers so that universal service support
may be appropriate to the telecommunications service provider pursuant
to 47 CFR 54.611. (No. of respondents: 12,000; hours per response: 1.5
hours; total annual burden: 18,000 hours). FCC Form 468,
Telecommunications Service Providers Support. All health care providers
ordering services eligible for universal service support must file this
form. The data in the report will be used to ensure that health care
providers have calculated the amount of universal service support as
set forth in 47 CFR 54.609(b). Telecommunications carriers must
complete Form 468 by indicating the rural and urban rates for the
service they have provided and the amount of the discount for which
they must be reimbursed, and return it to the health care provider. The
health care provider must attach it to Form 466 and file both forms
with the administrator. (No. of respondents: 3400; hours per response:
1.5 hours; total annual burden: 51,000 hours (assuming 10 submissions
per respondent)). These forms are used to administer the health care
providers universal service program. The
[[Page 26606]]
information is used primarily to determine eligibility. Copies of the
forms may be obtained via e-mail from: www.neca.org>. Obligation to
respond: Required to obtain benefit. 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. 98-12665 Filed 5-12-98; 8:45 am]
BILLING CODE 6712-01-F
