80 FR 11326 - Reform of Rules and Policies on Foreign Carrier Entry Into the U.S. Telecommunications Market
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 41 (March 3, 2015)
Federal Register Volume 80, Issue 41 (March 3, 2015)
| Page Range | 11326-11328 | |
| FR Document | 2015-04336 |
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)] [Rules and Regulations] [Pages 11326-11328] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04336] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 63 [IB Docket No. 12-299; FCC 14-48] Reform of Rules and Policies on Foreign Carrier Entry Into the U.S. Telecommunications Market AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with the Commission's Report and Order, IB Docket No. 12-299, FCC 14-48. This notice is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the requirements. DATES: The amendments to 47 CFR 1.767(a)(8), 1.768(g)(2), 63.11(g)(2) and 63.18(k), published at 79 FR 31873, June 3, 2014 are effective on March 3, 2015. FOR FURTHER INFORMATION CONTACT: For additional information contact Cathy Williams, Cathy.Williams@fcc.gov, (202) 418-2918. SUPPLEMENTARY INFORMATION: This document announces that, on February 10, 2015 and February 20, 2015, OMB approved the information collection requirements contained in the Commission's Report and Order, FCC 14-48, published at 79 FR 31873, June 3, 2014. The OMB Control Numbers are 3060-0686 and 3060-0944. The Commission publishes this notice as an announcement of the effective date of the requirements. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-0686, in your correspondence. The Commission will also accept your comments via email at PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on February 10, 2015 and February 20, 2015, for the new information collection requirements contained in the Commission's rules at 47 CFR 1.767(a)(8), 1.768(g)(2), 63.11(g)(2) and 63.18(k). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, 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 that does not display a current, valid OMB Control Number. The OMB Control Numbers are 3060-0686 and 3060-0944. The foregoing notice is required by the Paperwork Reduction Act of 1995, [[Page 11327]] Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-0686. OMB Approval Date: February 20, 2015. OMB Expiration Date: February 28, 2018. Title: International Section 214 Authorization Process and Tariff Requirements--47 CFR Sections 63.10, 63.11, 63.13, 63.18, 63.19, 63.21, 63.24, 63.25 and 1.1311. Form Number: International Section 214 Application--New Authorization; International Section 214 Authorizations--Transfer of Control/Assignment; International Section 214--Special Temporary Authority and International Section 214--Foreign Carrier Affiliation Notification. Respondents: Business and other for-profit. Number of Respondents and Responses: 495 respondents; 748 responses. Estimated Time per Response: 0.50 hour to 15 hours. Frequency of Response: On occasion reporting requirement, Quarterly reporting requirement, Recordkeeping requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in sections 1, 4(i), 4(j), 11, 201-205, 208, 211, 214, 219, 220, 303(r), 309, 310 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 161, 201-205, 208, 211, 214, 219, 220, 303(r), 309, 310 and 403. Total Annual Burden: 3,286 hours. Total Annual Cost: $755,400. Nature and Extent of Confidentiality: In general, there is no need for confidentiality with this collection of information. In those cases where a respondent believes information requires confidentiality, the respondent can request confidential treatment under Sec. 0.459 of the Commission's rules, 47 CFR 0.459. Privacy Act Impact Assessment: No impact(s). Needs and Uses: The Federal Communications Commission (Commission) received approval for a revision of OMB Control No. 3060-0686 from the Office of Management and Budget (OMB). The purpose of this revision was to obtain OMB approval of rules adopted in the Commission's Report and Order in IB Docket No. 12-299, FCC 14-48, adopted and released on April 22, 2014 (Report and Order). In the Report and Order, the Commission eliminated the effective competitive opportunities (ECO) test from Sec. Sec. 63.11(g)(2) and 63.18(k) of the Commission's rules, 47 CFR 63.11(g)(2), 63.18(k), which apply to applications filed under section 63.18, 47 CFR 63.18, for authority to provide U.S.-international telecommunications service pursuant to section 214 of the Communications Act of 1934, as amended (Communications Act), 47 U.S.C. 214, and to foreign carrier affiliation notifications filed under Sec. 63.11 of the Commission's rules, 47 CFR 63.11. The Commission is also making adjustments to the hour and cost burdens associated with other rules and requirements covered by this information collection. The information will be used by the Commission staff in carrying out its duties under the Communications Act. The information will be used by the staff in carrying out its duties under the Communications Act. The information collections are necessary largely to determine the qualifications of applicants to provide common carrier international telecommunications service, including applicants that are, or are affiliated with, foreign carriers, and to determine whether and under what conditions the authorizations are in the public interest, convenience, and necessity. The information collections are also necessary to maintain effective oversight of U.S. international carriers generally. If the collections are not conducted or are conducted less frequently, applicants will not obtain the authorizations necessary to provide telecommunications services, and the Commission will be unable to carry out its mandate under the Communications Act. In addition, without the information collections, the United States would jeopardize its ability to fulfill the U.S. obligations as negotiated under the WTO Basic Telecom Agreement because these collections are imperative to detecting and deterring anticompetitive conduct. They are also necessary to preserve the Executive Branch agencies' and the Commission's ability to review foreign investments for national security, law enforcement, foreign policy, and trade concerns. OMB Control Number: 3060-0944. OMB Approval Date: February 10, 2015. OMB Expiration Date: February 28, 2018. Title: Cable Landing License Act, 47 CFR 1.767; 1.768; Executive Order 10530. Form Number: Submarine Cable Landing License Application. Respondents: Business and other for-profit. Number of Respondents and Responses: 38 respondents; 94 responses. Estimated Time per Response: 0.50 hour to 17 hours. Frequency of Response: On occasion reporting requirement, Quarterly reporting requirement, Recordkeeping requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in the Submarine Cable Landing License Act of 1921, 47 U.S.C. 34-39, Executive Order 1050, section 5(a), and the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-(j), 155, 303(r), 309, and 403. Total Annual Burden: 421 hours. Total Annual Cost: $88,505. Nature and Extent of Confidentiality: In general, there is no need for confidentiality with this collection of information. In those cases where a respondent believes information requires confidentiality, the respondent can request confidential treatment under Sec. 0.459 of the Commission's rules, 47 CFR 0.459. Privacy Act Impact Assessment: No impact(s). Needs and Uses: The Federal Communications Commission (Commission) received approval for a revision of OMB Control No. 3060-0944 from the Office of Management and Budget (OMB). The purpose of this revision was to obtain OMB approval of rules adopted in the Commission's Report and Order in IB Docket No. 12-299, FCC 14-48, adopted and released on August 22, 2014 (Report and Order). In the Report and Order, the Commission eliminated the effective competitive opportunities (ECO) test from Sec. Sec. 1.767(a)(8) and 1.768(g)(2) of the Commission's rules, 47 CFR 1.767(a)(8), 1.768(g)(2), which apply to cable landing license applications filed under the Submarine Cable Landing License Act of 1921, 47 U.S.C. 34-39, and Sec. 1.767 of the Commission's rules, 47 CFR 1.767, and to foreign carrier affiliation notifications filed under Sec. 1.768 of the Commission's rules, 47 CFR 1.768. The Commission is also making adjustments to the hour and cost burdens associated with other rules and requirements covered by this information collection. The information will be used by the Commission staff in carrying out its duties under the Submarine Cable Landing License Act of 1921, 47 U.S.C. 34-39, Executive Order 10530, section 5(a), and the Communications Act of [[Page 11328]] 1934, as amended. The information collections are necessary largely to determine whether and under what conditions the Commission should grant a license for proposed submarine cables landing in the United States, including applicants that are, or are affiliated with, foreign carriers in the destination market of the proposed submarine cable. Pursuant to Executive Order No. 10530, the Commission has been delegated the President's authority under the Cable Landing License Act to grant cable landing licenses, provided that the Commission must obtain the approval of the State Department and seek advice from other government agencies as appropriate. If the collection is not conducted or is conducted less frequently, applicants will not obtain the authorizations necessary to provide telecommunications services and facilities, and the Commission will be unable to carry out its mandate under the Cable Landing License Act and Executive Order 10530. In addition, without the collection, the United States would jeopardize its ability to fulfill the U.S. obligations as negotiated under the World Trade Organization (WTO) Basic Telecom Agreement because certain of these information collection requirements are imperative to detecting and deterring anticompetitive conduct. They are also necessary to preserve the Executive Branch agencies' and the Commission's ability to review foreign investments for national security, law enforcement, foreign policy, and trade concerns. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2015-04336 Filed 3-2-15; 8:45 am] BILLING CODE 6712-01-P
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List of Subjects in 40 CFR Part 52 Agency amends 40 CFR part 52 as set ■ a. Removing the entry for ‘‘10–5.380’’;
Environmental protection, Air forth below: ■ b. Adding in numerical order the
pollution control, Carbon monoxide, entry for ‘‘10–5.381’’; and
PART 52—APPROVAL AND
Incorporation by reference, ■ c. Removing the chapter title
PROMULGATION OF
Intergovernmental relations, Lead, ‘‘Missouri Department of Public Safety
IMPLEMENTATION PLANS
Nitrogen dioxide, Ozone, Particulate Division 50-State Highway Patrol
matter, Reporting and recordkeeping ■ 1. The authority citation for part 52 Chapter 2—Motor Vehicle Inspection’’
requirements, Sulfur oxides, Volatile continues to read as follows: and its entries for ‘‘50–2.010 through
organic compounds. 50–2.420’’.
Authority: 42 U.S.C. 7401 et. seq.
Dated: February 18, 2015. The addition reads as follows:
Karl Brooks, Subpart AA—Missouri
§ 52.1320 Identification of Plan.
Regional Administrator, Region 7.
For the reasons stated in the ■ 2. In § 52.1320(c) the table is amended * * * * *
preamble, the Environmental Protection by: (c) * * *
EPA-APPROVED MISSOURI REGULATIONS
State
Missouri Title effective EPA approval date Explanation
citation date
Missouri Department of Natural Resources
* * * * * * *
Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area
* * * * * * *
10–5.381 ...... On-Board Diagnostics Motor Vehicle 12/30/12 3/3/15 [Insert Federal Register cita-
Emissions Inspection. tion].
* * * * * * *
* * * * * approval and the effective date of the also accept your comments via email at
[FR Doc. 2015–04271 Filed 3–2–15; 8:45 am] requirements. PRA@fcc.gov.
BILLING CODE 6560–50–P To request materials in accessible
DATES: The amendments to 47 CFR formats for people with disabilities
1.767(a)(8), 1.768(g)(2), 63.11(g)(2) and (Braille, large print, electronic files,
63.18(k), published at 79 FR 31873, June audio format), send an email to fcc504@
FEDERAL COMMUNICATIONS 3, 2014 are effective on March 3, 2015. fcc.gov or call the Consumer and
COMMISSION Governmental Affairs Bureau at (202)
FOR FURTHER INFORMATION CONTACT: For
47 CFR Parts 1 and 63 additional information contact Cathy 418–0530 (voice), (202) 418–0432
Williams, Cathy.Williams@fcc.gov, (202) (TTY).
[IB Docket No. 12–299; FCC 14–48] 418–2918. Synopsis
SUPPLEMENTARY INFORMATION: This As required by the Paperwork
Reform of Rules and Policies on
document announces that, on February Reduction Act of 1995 (44 U.S.C. 3507),
Foreign Carrier Entry Into the U.S.
10, 2015 and February 20, 2015, OMB the FCC is notifying the public that it
Telecommunications Market
approved the information collection received OMB approval on February 10,
AGENCY: Federal Communications requirements contained in the 2015 and February 20, 2015, for the new
Commission. Commission’s Report and Order, FCC information collection requirements
ACTION: Final rule; announcement of 14–48, published at 79 FR 31873, June contained in the Commission’s rules at
effective date. 3, 2014. The OMB Control Numbers are 47 CFR 1.767(a)(8), 1.768(g)(2),
3060–0686 and 3060–0944. The 63.11(g)(2) and 63.18(k).
SUMMARY: In this document, the Federal Commission publishes this notice as an Under 5 CFR part 1320, an agency
Communications Commission announcement of the effective date of may not conduct or sponsor a collection
(Commission) announces that the Office the requirements. If you have any of information unless it displays a
of Management and Budget (OMB) has comments on the burden estimates current, valid OMB Control Number.
approved, for a period of three years, the listed below, or how the Commission No person shall be subject to any
information collection requirements can improve the collections and reduce penalty for failing to comply with a
Rmajette on DSK2VPTVN1PROD with RULES
associated with the Commission’s any burdens caused thereby, please collection of information subject to the
Report and Order, IB Docket No. 12– contact Cathy Williams, Federal Paperwork Reduction Act that does not
299, FCC 14–48. This notice is Communications Commission, Room 1– display a current, valid OMB Control
consistent with the Report and Order, C823, 445 12th Street SW., Washington, Number. The OMB Control Numbers are
which stated that the Commission DC 20554. Please include the OMB 3060–0686 and 3060–0944.
would publish a document in the Control Number, 3060–0686, in your The foregoing notice is required by
Federal Register announcing OMB correspondence. The Commission will the Paperwork Reduction Act of 1995,
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1934, as amended. The information distributors (‘‘MVPDs’’) and television (‘‘STELAR’’).1 Collectively, those
collections are necessary largely to broadcast stations, and the exclusive provisions: (i) Extend to January 1, 2020
determine whether and under what contract prohibition applicable to such the good faith negotiation requirements
conditions the Commission should grant broadcast stations; prohibit same-market applicable to multichannel video
a license for proposed submarine cables television broadcast stations from programming distributors (‘‘MVPDs’’)
landing in the United States, including coordinating negotiations or negotiating and television broadcast stations, and
applicants that are, or are affiliated on a joint basis for retransmission the exclusive contract prohibition
with, foreign carriers in the destination consent except under certain applicable to such broadcast stations; 2
market of the proposed submarine cable. conditions; prohibit a television (ii) prohibit same-market television
Pursuant to Executive Order No. 10530, broadcast station from limiting the
broadcast stations from coordinating
the Commission has been delegated the ability of an MVPD to carry into its local
negotiations or negotiating on a joint
President’s authority under the Cable market television signals that are
deemed ‘‘significantly viewed’’ or that basis for retransmission consent except
Landing License Act to grant cable
otherwise are permitted to be carried by under certain conditions; 3 (iii) prohibit
landing licenses, provided that the
the MVPD, with certain exceptions; and a television broadcast station from
Commission must obtain the approval of
the State Department and seek advice eliminate the ‘‘sweeps prohibition’’ in limiting the ability of an MVPD to carry
from other government agencies as the Communications Act of 1934, as into its local market television signals
appropriate. If the collection is not amended (‘‘the Act’’). that are deemed ‘‘significantly viewed’’
conducted or is conducted less DATES: Effective April 2, 2015. or that otherwise are permitted to be
frequently, applicants will not obtain FOR FURTHER INFORMATION CONTACT:
carried by the MVPD, with certain
the authorizations necessary to provide Raelynn Remy, Raelynn.Remy@fcc.gov, exceptions; 4 and (iv) eliminate the
telecommunications services and Federal Communications Commission, ‘‘sweeps prohibition’’ in section
facilities, and the Commission will be Media Bureau, (202) 418–2936. 614(b)(9) of the Communications Act of
unable to carry out its mandate under SUPPLEMENTARY INFORMATION: This is a 1934, as amended (‘‘the Act’’).5
the Cable Landing License Act and summary of the Commission’s Order, 2. The STELAR requires the
Executive Order 10530. In addition, MB Docket No. 15–37, FCC 15–21, Commission, among other things, to
without the collection, the United States which was adopted on February 13, undertake several proceedings to adopt
would jeopardize its ability to fulfill the 2015 and released on February 18, 2015. new rules, amend or repeal existing
U.S. obligations as negotiated under the The full text of this document is rules, and conduct analyses. This
World Trade Organization (WTO) Basic available for public inspection and proceeding implements sections 101,
Telecom Agreement because certain of copying during regular business hours 103 and 105 of the STELAR.6 We
these information collection in the FCC Reference Center, Federal address those provisions in one order
requirements are imperative to detecting Communications Commission, 445 12th because their implementation entails no
and deterring anticompetitive conduct. Street SW., Room CY–A257,
They are also necessary to preserve the exercise of our administrative discretion
Washington, DC 20554. This document and, therefore, notice and comment
Executive Branch agencies’ and the will also be available via ECFS at
Commission’s ability to review foreign procedures are unnecessary under the
http://fjallfoss.fcc.gov/ecfs/. Documents
investments for national security, law ‘‘good cause’’ exception to the
will be available electronically in ASCII,
enforcement, foreign policy, and trade Administrative Procedure Act
Microsoft Word, and/or Adobe Acrobat.
concerns. (‘‘APA’’).7 We discuss each provision, in
Alternative formats are available for
people with disabilities (Braille, large turn.
Federal Communications Commission.
Marlene H. Dortch, print, electronic files, audio format), by
1 See Public Law 113–200, 128 Stat. 2059 (2014).
Secretary. sending an email to fcc504@fcc.gov or
The STELAR was enacted on December 4, 2014
[FR Doc. 2015–04336 Filed 3–2–15; 8:45 am]
calling the Commission’s Consumer and
(H.R. 5728, 113th Cong.).
Governmental Affairs Bureau at (202) 2 See 47 U.S.C. 325(b)(3)(C) (as amended by
BILLING CODE 6712–01–P
418–0530 (voice), (202) 418–0432 section 101 of the STELAR).
(TTY). 3 See id. (as amended by section 103(a) of the
FEDERAL COMMUNICATIONS Paperwork Reduction Act of 1995 STELAR).
COMMISSION Analysis
4 See id. (as amended by section 103(b) of the
STELAR).
47 CFR Part 76 This document does not contain new 5 See 47 U.S.C. 534(b)(9) (as amended by section
or modified information collection 105 of the STELAR).
[MB Docket No. 15–37; FCC 15–21] requirements subject to the Paperwork 6 Provisions of the STELAR that we do not
Reduction Act of 1995 (PRA), Public implement in this Order will be addressed in other
Implementation of the STELA Law 104–13. In addition, therefore, it proceedings.
Reauthorization Act of 2014 does not contain any new or modified 7 See 5 U.S.C. 553(b)(B). See also Metzenbaum v.
‘‘information collection burden for Federal Energy Regulatory Commission, 675 F.2d
AGENCY: Federal Communications 1282, 1291 (D.C. Cir. 1982) (agency order, issued
Commission. small business concerns with fewer than
pursuant to Congressional waiver of certain
25 employees,’’ pursuant to the Small
ACTION: Final rule. provisions of federal law that otherwise would have
Business Paperwork Relief Act of 2002, governed construction and operation of Alaskan
SUMMARY: The Federal Communications Public Law 107–198, see 44 U.S.C. natural gas pipeline, was appropriately issued
Rmajette on DSK2VPTVN1PROD with RULES
Commission (‘‘Commission’’) amends 3506(c)(4). without notice and comment under the APA’s
its rules to implement certain provisions ‘‘good cause’’ exception as a nondiscretionary
Document Summary ministerial action); Komjathy v. Nat’l Transp. Safety
of the STELA Reauthorization Act of
I. Introduction Bd., 832 F.2d 1294, 1296–97 (D.C. Cir. 1987) (notice
2014. Collectively, those provisions: and comment is unnecessary where the regulation
Extend to January 1, 2020 the good faith 1. In this Order, we amend our rules does no more than repeat, virtually verbatim, the
negotiation requirements applicable to to implement three provisions of the statutory grant of authority), cert. denied, 486 U.S.
multichannel video programming STELA Reauthorization Act of 2014 1057 (1988).
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Document Created: 2015-12-18 11:55:56
Document Modified: 2015-12-18 11:55:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; announcement of effective date. | |
| Dates | The amendments to 47 CFR 1.767(a)(8), 1.768(g)(2), 63.11(g)(2) and 63.18(k), published at 79 FR 31873, June 3, 2014 are effective on March 3, 2015. | |
| Contact | For additional information contact Cathy Williams, [email protected], (202) 418-2918. | |
| FR Citation | 80 FR 11326 | |
| CFR Citation | 47
CFR
1 47 CFR 63 |
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