81 FR 15647 - Technology Transitions, Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers and Special Access for Price Cap Local Exchange Carriers
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 57 (March 24, 2016)
Federal Register Volume 81, Issue 57 (March 24, 2016)
| Page Range | 15647-15648 | |
| FR Document | 2016-06683 |
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)] [Rules and Regulations] [Pages 15647-15648] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06683] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 51 [GN Docket No. 13-5, RM-11358; WC Docket No. 05-25, RM-10593; FCC 15- 97] Technology Transitions, Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers and Special Access for Price Cap Local Exchange Carriers AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's network change disclosure rules pertaining to copper retirement notices. This document is consistent with the Emerging Wireline Networks and Services (EWNS) Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking, FCC 15-97, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: The amendments to 47 CFR 51.325(a)(4) and (e), 51.332, and [[Page 15648]] 51.333(b) and (c) published at 80 FR 63322, October 19, 2015, are effective March 24, 2016. FOR FURTHER INFORMATION CONTACT: Michele Levy Berlove, Attorney Advisor, Wireline Competition Bureau, at (202) 418-1477, or by email at [email protected]. SUPPLEMENTARY INFORMATION: This document announces that, on March 17, 2016, OMB approved, for a period of three years, the information collection requirements relating to the network change disclosure rules pertaining to copper retirement notices contained in the Commission's EWNS Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking, FCC 15-97, published at 80 FR 63322, October 19, 2015. The OMB Control Number is 3060-0741. The Commission publishes this notice as an announcement of the effective date of the rules. 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 Nicole Ongele, Federal Communications Commission, Room A-C620, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-0741, in your correspondence. The Commission will also accept your comments via email at [email protected]. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] 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 final OMB approval on March 17, 2016, for the information collection requirements contained in the modifications to the Commission's rules in 47 CFR part 51. 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 Number is 3060-0741. The foregoing notice is required by the Paperwork Reduction Act of 1995, 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: 3060-0741. OMB Approval Date: March 17, 2017. OMB Expiration Date: March 31, 2019. Title: Technology Transitions, GN Docket No. 13-5, et al. Form Number: N/A. Respondents: Business or other for-profit entities. Number of Respondents and Responses: 5,357 respondents; 573,767 responses. Estimated Time per Response: 0.5-8 hours. Frequency of Response: On occasion reporting requirements; recordkeeping; third party disclosure. Obligation to Respond: Required to obtain or retain benefits. Statutory authority is contained in 47 U.S.C. 222 and 251. Total Annual Burden: 575,840 hours. Total Annual Cost: No cost. Nature and Extent of Confidentiality: The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules. Privacy Act: No impact(s). Needs and Uses: Section 251 of the Communications Act of 1934, as amended, 47 U.S.C. 251, is designed to accelerate private sector development and deployment of telecommunications technologies and services by spurring competition. Section 222(e) is also designed to spur competition by prescribing requirements for the sharing of subscriber list information. These OMB collections are designed to help implement certain provisions of sections 222(e) and 251, and to eliminate operational barriers to competition in the telecommunications services market. Specifically, these OMB collections will be used to implement (1) local exchange carriers' (``LECs'') obligations to provide their competitors with dialing parity and non-discriminatory access to certain services and functionalities; (2) incumbent local exchange carriers' (``ILECs'') duty to make network information disclosures; and (3) numbering administration. The Commission estimates that the total annual burden of the entire collection, as revised, is 575,840 hours. This revision relates to a change in one of many components of the currently approved collection--specifically, certain reporting, recordkeeping and/or third party disclosure requirements under section 251(c)(5). In August 2015, the Commission adopted new rules concerning certain information collection requirements implemented under section 251(c)(5) of the Act, pertaining to network change disclosures. The changes to those rules apply specifically to a certain subset of network change disclosures, namely notices of planned copper retirements. The changes are designed to provide interconnecting entities adequate time to prepare their networks for the planned copper retirements and to ensure that consumers are able to make informed choices. There is also a change in the number of potential respondents to the rules promulgated under that section. The number of respondents as to the information collection requirements implemented under section 251(c)(5) of the Act, has changed from 1,300 to 750, a decrease of 550 respondents from the previous submission. Under section 251(f)(1) of the Act, rural telephone companies are exempt from the requirements of section 251(c) ``until (i) such company has received a bona fide request for interconnection, services, or network elements, and (ii) the State commission determines . . . that such request is not unduly economically burdensome, is technically feasible, and is consistent with section 254 . . . .'' The Commission has determined that the number of potential respondents set forth in the previous submission inadvertently failed to take this exemption into account. There are 1,429 ILECs nationwide. Of those, 87 are non-rural ILECs and 1,342 are rural ILECs. The Commission estimates that of the 1,342 rural ILECs, 679 are entitled to the exemption and 663 are not entitled to the exemption and thus must comply with rules promulgated under section 251(c) of the Act, including the rules that are the subject of this information collection. Thus, the Commission estimates that there are 87 (non-rural) + 663 (rural) = 750 potential respondents. The Commission estimates that the revision does not result in any additional outlays of funds for hiring outside contractors or procuring equipment. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2016-06683 Filed 3-23-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations 15647
arguing that it changed longstanding (5) the issuance, amendment or that there are systems in place to assure
LSC policy and would have a revocation of any executive order. compliance.’’
detrimental impact on providing Recipients shall not use any funds to Response—The LSC OIG believes that
services to the elderly. NLADA stated pay for any personal service, the current language is sufficiently clear
‘‘This section significantly changes advertisement, telegram, telephone to the IPA that the internal controls
longstanding guidance regarding communication, letter, printed or relate to compliance with the applicable
eligibility determinations for senior written matter, administrative expense, LSC regulatory requirement. No
citizens that would result in a reduction or related expense, associated with an additional changes were made.
of services available to individuals age activity prohibited in (1)—(5) detailed Comments provided by all three IPAs
60 and over.’’ This was mirrored by above (45 CFR 1612.3). related to non-audit questions,
several other LSC funded commenters. satisfaction with improved procedures
Response—To avoid confusion and D. Proposed Regulatory Summary for and commentary on utilizing the
unintended consequences, the LSC OIG Part 1614—Private Attorney suggested audit procedures. No
has removed the language referring to Involvement additional changes were made.
OAA funds from this section. The LSC OIG proposed revisions to For the reasons stated above, the Legal
Comment 2—NLADA also expressed update the regulatory summary for 45 Services Corporation Office of Inspector
concern relating to a suggested audit CFR part 1614 in order to follow the General revises the Compliance
procedure for assessing the waiver of current LSC regulation. Supplement for Audits of LSC
eligibility requirements. NLADA Comment—Two commenters Recipients. The Revised Compliance
believed that the language needed (NLADA, CLS) expressed concern that Supplement for Audits of LSC
revision ‘‘so that an auditor does not the revised regulatory summary Recipients is available on the LSC OIG
waste time looking for evidence of a discussing § 1614.4(b)(1) omitted an Web site at: https://www.oig.lsc.gov/
waiver determination, but rather images/pdfs/ipa_resources/April_2016_
important clause. NLADA stated that
reviews whether the appropriate factors Compliance_Supplement.pdf.
‘‘The sentence in the Draft Supplement
allowing income eligibility have been
currently only references including Dated: March 17, 2016.
identified for households with income
support provided by private attorneys to Stefanie K. Davis,
between 125% and 200% of the Federal
the recipient’’ and does not mention Assistant General Counsel.
Poverty Level.’’
Response—The LSC OIG has modified subrecipient, an entire category of [FR Doc. 2016–06451 Filed 3–23–16; 8:45 am]
the suggested audit procedure to organizations that may receive private BILLING CODE 7050–01–P
provide better clarity by including the attorney support.
following language at the end of the Response—The LSC OIG has revised
suggested audit procedure: ‘‘or the the regulatory summary language as FEDERAL COMMUNICATIONS
recipient determined the client was follows: COMMISSION
eligible based on the factors set forth in Activities undertaken by the recipient to
45 CFR 1611.5(a)(3) or (4).’’ meet the requirements of this Part may also 47 CFR Part 51
include, but are not limited to: (1) support
C. Regulatory Summary Adjustment for provided by private attorneys to the recipient [GN Docket No. 13–5, RM–11358; WC
Part 1612—Restrictions on Lobbying or a subrecipient as part of its delivery of Docket No. 05–25, RM–10593; FCC 15–97]
and Certain Other Activities legal assistance. . . .
Technology Transitions, Policies and
Comment—Two commenters E. Audit Considerations and Proposed Rules Governing Retirement of Copper
(NLADA, CLS) expressed concern over Suggested Audit Procedures Loops by Incumbent Local Exchange
the regulatory summary language Carriers and Special Access for Price
regarding the prohibitions contained in Comment 1—Two commenters
Cap Local Exchange Carriers
45 CFR 1612.6(c), describing it as (NLADA, CLS) expressed concern over
‘‘overly broad and/or confusing.’’ the LSC OIG policy on high risk AGENCY: Federal Communications
NLADA stated ‘‘The regulation does not designation for LSC grantees, stating Commission.
contain a general prohibition on that it is unwarranted, could be ACTION: Final rule; announcement of
providing information in connection confusing to stakeholders and be a effective date.
with legislation or rulemaking.’’ CLS misnomer to a specific auditee. NLADA
stated ‘‘This sentence omits key recommended the elimination of this SUMMARY: In this document, the
elements in the actual Regulation that blanket designation by the LSC OIG. Commission announces that the Office
employees are only prohibited from Response—The LSC OIG will retain of Management and Budget (OMB) has
soliciting or arranging for a request from the policy of high risk designation at approved, for a period of three years, the
any official to testify or otherwise this time. If the LSC OIG accepted the information collection associated with
provide information in connection with requested modification to this section, it the Commission’s network change
legislation or rulemaking.’’ could allow IPAs to designate LSC disclosure rules pertaining to copper
Response—The LSC OIG has revised grantees as low risk. Such a designation retirement notices. This document is
the regulatory summary language would result in audits not in consistent with the Emerging Wireline
pertaining to 45 CFR 1612.6(c) to more compliance with statutory requirements. Networks and Services (EWNS) Report
accurately reflect the prohibitions. Also, Comment 2—NLADA also expressed and Order, Order on Reconsideration,
asabaliauskas on DSK3SPTVN1PROD with RULES
a technical correction was made to the concern relating to the suggested audit and Further Notice of Proposed
45 CFR 1612.3 language contained in procedure on obtaining an Rulemaking, FCC 15–97, which stated
the regulatory summary in order to understanding of internal controls in that the Commission would publish a
include phraseology that had been place associated with specific document in the Federal Register
inadvertently omitted from the initial regulations. NLADA recommended that announcing the effective date of those
draft publication. The language added is the LSC OIG include clarification that rules.
as follows (with emphasis placed on the ‘‘. . . understanding internal controls DATES: The amendments to 47 CFR
additions and corrections): means that the auditor has identified 51.325(a)(4) and (e), 51.332, and
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![15648 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations
51.333(b) and (c) published at 80 FR The total annual reporting burdens under section 251(c)(5). In August 2015,
63322, October 19, 2015, are effective and costs for the respondents are as the Commission adopted new rules
March 24, 2016. follows: concerning certain information
FOR FURTHER INFORMATION CONTACT: OMB Control Number: 3060–0741. collection requirements implemented
Michele Levy Berlove, Attorney OMB Approval Date: March 17, 2017. under section 251(c)(5) of the Act,
Advisor, Wireline Competition Bureau, OMB Expiration Date: March 31, pertaining to network change
at (202) 418–1477, or by email at 2019. disclosures. The changes to those rules
Michele.Berlove@fcc.gov. Title: Technology Transitions, GN
apply specifically to a certain subset of
SUPPLEMENTARY INFORMATION: This
Docket No. 13–5, et al.
Form Number: N/A. network change disclosures, namely
document announces that, on March 17, notices of planned copper retirements.
Respondents: Business or other for-
2016, OMB approved, for a period of The changes are designed to provide
profit entities.
three years, the information collection Number of Respondents and interconnecting entities adequate time
requirements relating to the network to prepare their networks for the
Responses: 5,357 respondents; 573,767
change disclosure rules pertaining to planned copper retirements and to
responses.
copper retirement notices contained in Estimated Time per Response: 0.5–8 ensure that consumers are able to make
the Commission’s EWNS Report and hours. informed choices. There is also a change
Order, Order on Reconsideration, and Frequency of Response: On occasion
Further Notice of Proposed Rulemaking, in the number of potential respondents
reporting requirements; recordkeeping; to the rules promulgated under that
FCC 15–97, published at 80 FR 63322, third party disclosure.
October 19, 2015. section. The number of respondents as
Obligation to Respond: Required to to the information collection
The OMB Control Number is 3060–
obtain or retain benefits. Statutory requirements implemented under
0741. The Commission publishes this
authority is contained in 47 U.S.C. 222 section 251(c)(5) of the Act, has changed
notice as an announcement of the
and 251. from 1,300 to 750, a decrease of 550
effective date of the rules. If you have Total Annual Burden: 575,840 hours.
any comments on the burden estimates Total Annual Cost: No cost. respondents from the previous
listed below, or how the Commission Nature and Extent of Confidentiality: submission. Under section 251(f)(1) of
can improve the collections and reduce The Commission is not requesting that the Act, rural telephone companies are
any burdens caused thereby, please the respondents submit confidential exempt from the requirements of section
contact Nicole Ongele, Federal information to the FCC. Respondents 251(c) ‘‘until (i) such company has
Communications Commission, Room A– may, however, request confidential received a bona fide request for
C620, 445 12th Street SW., Washington, treatment for information they believe to interconnection, services, or network
DC 20554. Please include the OMB be confidential under 47 CFR 0.459 of elements, and (ii) the State commission
Control Number, 3060–0741, in your the Commission’s rules. determines . . . that such request is not
correspondence. The Commission will Privacy Act: No impact(s). unduly economically burdensome, is
also accept your comments via email at Needs and Uses: Section 251 of the technically feasible, and is consistent
PRA@fcc.gov. Communications Act of 1934, as
To request materials in accessible with section 254 . . . .’’ The
amended, 47 U.S.C. 251, is designed to Commission has determined that the
formats for people with disabilities accelerate private sector development
(Braille, large print, electronic files, number of potential respondents set
and deployment of telecommunications forth in the previous submission
audio format), send an email to fcc504@
technologies and services by spurring inadvertently failed to take this
fcc.gov or call the Consumer and
competition. Section 222(e) is also exemption into account. There are 1,429
Governmental Affairs Bureau at (202)
designed to spur competition by ILECs nationwide. Of those, 87 are non-
418–0530 (voice), (202) 418–0432
prescribing requirements for the sharing
(TTY). rural ILECs and 1,342 are rural ILECs.
of subscriber list information. These
The Commission estimates that of the
Synopsis OMB collections are designed to help
1,342 rural ILECs, 679 are entitled to the
As required by the Paperwork implement certain provisions of
sections 222(e) and 251, and to exemption and 663 are not entitled to
Reduction Act of 1995 (44 U.S.C. 3507), the exemption and thus must comply
the FCC is notifying the public that it eliminate operational barriers to
competition in the telecommunications with rules promulgated under section
received final OMB approval on March 251(c) of the Act, including the rules
17, 2016, for the information collection services market. Specifically, these
OMB collections will be used to that are the subject of this information
requirements contained in the
implement (1) local exchange carriers’ collection. Thus, the Commission
modifications to the Commission’s rules
in 47 CFR part 51. Under 5 CFR part (‘‘LECs’’) obligations to provide their estimates that there are 87 (non-rural) +
1320, an agency may not conduct or competitors with dialing parity and 663 (rural) = 750 potential respondents.
sponsor a collection of information non-discriminatory access to certain The Commission estimates that the
unless it displays a current, valid OMB services and functionalities; (2) revision does not result in any
Control Number. incumbent local exchange carriers’ additional outlays of funds for hiring
No person shall be subject to any (‘‘ILECs’’) duty to make network outside contractors or procuring
penalty for failing to comply with a information disclosures; and (3) equipment.
collection of information subject to the numbering administration. The Federal Communications Commission.
asabaliauskas on DSK3SPTVN1PROD with RULES
Paperwork Reduction Act that does not Commission estimates that the total
annual burden of the entire collection, Marlene H. Dortch,
display a current, valid OMB Control
Number. The OMB Control Number is as revised, is 575,840 hours. This Secretary.
3060–0741. revision relates to a change in one of [FR Doc. 2016–06683 Filed 3–23–16; 8:45 am]
The foregoing notice is required by many components of the currently BILLING CODE 6712–01–P
the Paperwork Reduction Act of 1995, approved collection—specifically,
Public Law 104–13, October 1, 1995, certain reporting, recordkeeping and/or
and 44 U.S.C. 3507. third party disclosure requirements
VerDate Sep<11>2014 16:15 Mar 23, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\24MRR1.SGM 24MRR1](https://thefederalregister.org/doc/81_FR_15704/page/2.svg)
Document Created: 2016-03-24 00:57:52
Document Modified: 2016-03-24 00:57:52
| 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 51.325(a)(4) and (e), 51.332, and 51.333(b) and (c) published at 80 FR 63322, October 19, 2015, are effective March 24, 2016. | |
| Contact | Michele Levy Berlove, Attorney Advisor, Wireline Competition Bureau, at (202) 418-1477, or by email at [email protected] | |
| FR Citation | 81 FR 15647 |
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