81 FR 87556 - Information Collections Being Submitted for Review and Approval to the Office of Management and Budget

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 233 (December 5, 2016)

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communication Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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 ways to further reduce the information collection burden on 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 OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87556-87559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29039]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0653, 3060-0960, 3060-1167, 3060-1215, 3060-XXXX]


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communication Commission (FCC or Commission) 
invites the general public and other Federal agencies to take this 
opportunity to comment on the following information collections. 
Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
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 ways to further reduce the 
information collection burden on 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 OMB control number. No person 
shall be subject to any penalty for failing to comply with a collection 
of information subject to the PRA that does not display a valid OMB 
control number.

DATES: Written comments should be submitted on or before January 4, 
2017. 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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email [email protected]; and to Cathy Williams, FCC, via 
email [email protected] and to [email protected]. Include in the 
comments the OMB control number as shown in the Supplementary 
Information section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called 
``Currently Under Review,'' (3) click on the downward-pointing arrow in 
the ``Select Agency'' box below the

[[Page 87557]]

``Currently Under Review'' heading, (4) select ``Federal Communications 
Commission'' from the list of agencies presented in the ``Select 
Agency'' box, (5) click the ``Submit'' button to the right of the 
``Select Agency'' box, (6) when the list of FCC ICRs currently under 
review appears, look for the OMB control number of this ICR and then 
click on the ICR Reference Number. A copy of the FCC submission to OMB 
will be displayed.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0653.
    Title: Sections 64.703(b) and (c), Consumer Information--Posting by 
Aggregators.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 56,075 respondents; 5,339,038 responses.
    Estimated Time per Response: .017 hours (1 minute) to 3 hours.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is found at section 
226 [47 U.S.C. 226] Telephone Operator Services codified at 47 CFR 
64.703(b) Consumer Information.
    Total Annual Burden: 174,401 hours.
    Total Annual Cost: $1,343,721.
    Privacy Act Impact Assessment: An assurance of confidentiality is 
not offered because this information collection does not require the 
collection of personally identifiable information (PII) from 
individuals.
    Nature and Extent of Confidentiality: No impact(s).
    Needs and Uses: The information collection requirements included 
under this OMB Control Number 3060-0653, requires aggregators 
(providers of telephones to the public or to transient users of their 
premises) under 47 U.S.C. 226(c)(1)(A), 47 CFR 64.703(b) of the 
Commission's rules, to post in writing, on or near such phones, 
information about the pre-subscribed operator services, rates, carrier 
access, and the FCC address to which consumers may direct complaints. 
Section 64.703(c) of the Commission's rules requires the posted 
consumer information to be added when an aggregator has changed the 
pre-subscribed operator service provider (OSP) no later than 30 days 
following such change. Consumers will use this information to determine 
whether they wish to use the services of the identified OSP.

    OMB Control Number: 3060-0960.
    Title: 47 CFR 76.122, Satellite Network Non-duplication Protection 
Rules; 47 CFR 76.123, Satellite Syndicated Program Exclusivity Rules 
and 47 CFR 76.124, Requirements for Invocation of Non-duplication and 
Syndicated Exclusivity Protection.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 1,428 respondents and 9,636 
responses.
    Estimated Time per Response: 0.5-1 hour.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 9,272 hours.
    Total Annual Cost: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 4(i), 
4(j), 303(r), 339 and 340 of the Communications Act of 1934, as 
amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 47 CFR 76.122, 76.123 and 76.124 are used to 
protect exclusive contract rights negotiated between broadcasters, 
distributors, and rights holders for the transmission of network 
syndicated in the broadcasters' recognized market areas. Rule sections 
76.122 and 76.123 implement statutory requirements to provide rights 
for in-market stations to assert non- duplication and exclusivity 
rights.

    OMB Control Number: 3060-1167.
    Title: Accessible Telecommunications and Advanced Communications 
Services and Equipment.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Businesses or other for-
profit entities; Not-for-profit institutions.
    Number of Respondents and Responses: 4,541 respondents; 54,064 
responses.
    Estimated Time per Response: .50 hours (30 minutes) to 35 hours.
    Frequency of Response: Annual, one time, and on occasion reporting 
requirements; recordkeeping requirement; third-party disclosure 
requirement.
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in sections 1-4, 255, 303(r), 403, 
503, 716, 717, and 718 of the Communications Act, as amended, 47 U.S.C. 
151-154, 255, 303(r), 403, 503, 617, 618, and 619.
    Total Annual Burden: 155,419 hours.
    Total Annual Cost: $17,510.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's system of 
records notice (SORN), FCC/CGB-1, ``Informal Complaints, Inquiries and 
Requests for Dispute Assistance'', which became effective on September 
24, 2014. In addition, upon the service of an informal or formal 
complaint, a service provider or equipment manufacturer must produce to 
the Commission, upon request, records covered by 47 CFR 14.31 of the 
Commission's rules and may assert a statutory request for 
confidentiality for these records. All other information submitted to 
the Commission pursuant to Subpart D of Part 14 of the Commission's 
rules or to any other request by the Commission may be submitted 
pursuant to a request for confidentiality in accordance with 47 CFR 
0.459 of the Commission's rules.
    Privacy Impact Assessment: The FCC completed a Privacy Impact 
Assessment (PIA) on June 28, 2007. The PIA may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy5FImpact5FAssessment.html. The FCC is 
in the process of updating the PIA to incorporate various revisions 
made to the SORN.
    Needs and Uses: On October 7, 2011, in document FCC 11-151, the FCC 
released a Report and Order adopting final rules to implement sections 
716 and 717 of the Communications Act of 1934 (the Act), as amended, 
which were added to the Act by the Twenty-First Century Communications 
and Video Accessibility Act of 2010 (CVAA). See Public Law 111-260, 
104. Section 716 of the Act requires providers of advanced 
communications services and manufacturers of equipment used for 
advanced communications services to make their services and equipment 
accessible to individuals with disabilities, unless doing so is not 
achievable. 47 U.S.C. 617. Section 717 of the Act establishes new 
recordkeeping requirements and enforcement procedures for service 
providers and equipment manufacturers that are subject to sections 255, 
716, and 718 of the Act. 47 U.S.C. 618. Section 255 of the Act requires 
telecommunications and interconnected VoIP services and equipment to be 
accessible, if readily achievable. 47

[[Page 87558]]

U.S.C. 255. Section 718 of the Act requires Web browsers included on 
mobile phones to be accessible to and usable by individuals who are 
blind or have a visual impairment, unless doing so is not achievable. 
47 U.S.C. 619. On April 29, 2013, in document FCC 13-57, the FCC 
released a Second Report and Order adopting final rules to implement 
section 718 of the Act. On March 12, 2015, in document FCC 15-24, the 
FCC released a Report and Order on Remand, Declaratory Ruling, and 
Order reclassifying broadband Internet access service (BIAS) as a 
telecommunications service that is subject to the Commission's 
regulatory authority under Title II of the Act and applying section 255 
of the Act and the Commission's implementing rules to providers of BIAS 
and manufacturers of equipment used for BIAS.
    Among other things, the FCC established procedures in document FCC 
11-151 to facilitate the filing of formal and informal complaints 
alleging violations of sections 255, 716, or 718 of the Act. Those 
procedures include a nondiscretionary pre-filing notice procedure to 
facilitate dispute resolution. As a prerequisite to filing an informal 
complaint, complainants must first request dispute assistance from the 
Consumer and Governmental Affairs Bureau's Disability Rights Office.
    The filing of a request for dispute assistance is used to initiate 
a 30-day period which must precede the filing of an informal complaint. 
The burdens associated with filing requests for dispute assistance and 
informal complaints are contained in the collection found in OMB 
control number 3060-0874. Therefore, the Commission extracted those 
burdens from the collection found in OMB control number 3060-1167. In 
addition, the Commission has revised its estimate of the number of 
requests for dispute assistance and the number of informal complaints 
that it expects to receive and the burdens associated with the 
processing and handling of those requests and complaints.

    OMB Control Number: 3060-1215.
    Title: Use of Spectrum Bands Above 24 GHz for Mobile Radio 
Services.
    Form Number: N/A.
    Type of Review: Revision of an existing collection.
    Respondents: Business or other for-profit, not-for-profit 
institutions, and state, local and tribal government.
    Number of Respondents: 247 respondents; 247 responses.
    Estimated Time per Response: .5-10 hours.
    Frequency of Response: On occasion reporting requirement; third 
party disclosure requirement; upon commencement of service, or within 3 
years of effective date of rules; and at end of license term, or 2024 
for incumbent licensees.
    Obligation to Respond: Statutory authority for this collection are 
contained in sections 1, 2, 3, 4, 5, 7, 10, 201, 225, 227, 301, 302, 
302a, 303, 304, 307, 309, 310, 316, 319, 332, and 336 of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 153, 154, 155, 157, 
160, 201, 225, 227, 301, 302, 302a, 303, 304, 307, 309, 310, 316, 319, 
332, 336, Section 706 of the Telecommunications Act of 1996, as 
amended, 47 U.S.C. 1302.
    Total Annual Burden: 363 hours.
    Total Annual Cost: $196,875.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: In this collection, the Commission adopted new 
licensing, service, and technical rules for bands 27.5-28.35 GHz band 
(28 GHz band), the 38.6-40 GHz band (39 GHz band), and the 37-38.6 GHz 
band (37 GHz band), to include 64-71 GHz band under Part 15. In so 
doing, the Commission created a consistent framework across all of the 
bands that can serve as a template for additional bands in the future.
    The rules adopted by the Commission, in FCC 16-89, contain the 
following information collections:
    Section 25.136--This rule contains both a third party coordination 
requirement and a filing requirement. Both requirements are necessary 
to ensure that Fixed Satellite Service earth stations can receive 
interference protection without having an undue impact on terrestrial 
deployment.
    Section 30.3--This rule contains a filing requirement which is 
necessary to ascertain compliance with the foreign ownership 
restrictions contained in the Communications Act and the Commission's 
rules.
    Section 30.8--This rule contains a requirement that each licensee 
file a statement describing its network security plans and related 
information, which shall be signed by a senior executive within the 
licensee's organization with personal knowledge of the security plans 
and practices within the licensee's organization. This statement is 
necessary to ensure that licensees properly take security into 
consideration when designing their systems.
    Section 30.105--This rule contains filing requirements relating to 
demonstration of compliance with the Commission's buildout 
requirements. These filings are necessary in order to ensure that 
licensees are placing the spectrum in use and not warehousing spectrum.
    Section 30.107--This rule contains filing requirements that apply 
when licensees propose to discontinue service. These filings are 
necessary in order to ensure that licensees are placing the spectrum in 
use and not warehousing spectrum.

    OMB Control Number: 3060-XXXX.
    Title: National Deaf-Blind Equipment Distribution Program.
    Form Number: N/A.
    Type of Review: New collection.
    Respondents: Individuals or households; businesses or other for-
profit entities; not-for-profit institutions; state, local, or tribal 
governments.
    Number of Respondents and Responses: 78 respondents; 3,631 
responses.
    Estimated Time per Response: 0.5 hours (30 minutes) to 40 hours.
    Frequency of Response: Annual, semiannual, quarterly, monthly, one 
time, and on occasion reporting requirements; recordkeeping 
requirement; third-party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefit. 
Statutory authority for this information collection is contained in 
sections 1, 4(i), 4(j), and 719 of the Communications Act, as amended, 
47 U.S.C. 151, 154(i), 154(j), and 620.
    Total Annual Burden: 7,995 hours.
    Total Annual Cost: $600.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the Commission's 
system of records notice (SORN), FCC/CGB-3, ``National Deaf-Blind 
Equipment Distribution Program,'' which became effective on February 
28, 2012.
    Privacy Impact Assessment: The Commission completed a Privacy 
Impact Assessment (PIA) on December 31, 2012. The PIA may be reviewed 
at http://www.fcc.gov/omd/privacyact/Privacy5FImpact5FAssessment.html. 
The Commission is in the process of updating the PIA with respect to 
the Commission's adoption of rules in document FCC 16-101 on August 4, 
2016, which converted the pilot program to a permanent program without 
change to the PII covered by these information collections.
    Needs and Uses: Section 105 of the Twenty-First Century 
Communications and Video Accessibility Act of 2010

[[Page 87559]]

(CVAA) added section 719 to the Communications Act of 1934, as amended 
(the Act). Public Law 111-260, 124 Stat. 2751 (2010); Public Law 111-
265, 124 Stat. 2795 (2010) (making technical corrections); 47 U.S.C. 
620. Section 719 of the Act requires the Commission to establish rules 
that define as eligible for up to $10,000,000 of support annually from 
the Interstate Telecommunications Relay Service Fund (TRS Fund) those 
programs that are approved by the Commission for the distribution of 
specialized customer premises equipment designed to make 
telecommunications service, Internet access service, and advanced 
communications, including interexchange services and advanced 
telecommunications and information services, accessible by low-income 
individuals who are deaf-blind. 47 U.S.C. 620(a), (c). Accordingly, on 
April 6, 2011, the Commission released a Report and Order, document FCC 
11-56, adopting rules to establish the National Deaf-Blind Equipment 
Distribution Program (NDBEDP) as a pilot program. See 47 CFR 64.610(a) 
through (k). The FCC's Consumer and Governmental Affairs Bureau (CGB or 
Bureau) launched the pilot program on July 1, 2012. In an Order 
released on May 27, 2016, document FCC 11-69, the Commission extended 
the pilot program to June 30, 2017, at which time distributing 
equipment and providing related services under the pilot program will 
cease.
    On August 5, 2016, the Commission released a Report and Order, 
document FCC 16-101, adopting rules to establish the NDBEDP, also known 
as ``iCanConnect,'' as a permanent program. See 47 CFR 64.6201 through 
64.6219. In document FCC 16-101, the Commission clarified that the 
pilot program will not terminate until after all reports have been 
submitted, all payments and adjustments have been made, and all wind-
down activities have been completed, and no issues with regard to the 
NDBEDP pilot program remain pending. Information collections related to 
NDBEDP pilot program activities are included in OMB Control Number 
3060-1146, Implementation of the Twenty-first Century Communications 
and Video Accessibility Act of 2010, Section 105, Relay Services for 
Deaf-Blind Individuals, CG Docket No. 10-210, which will expire June 
30, 2018.
    Rules for the NDBEDP permanent program that are subject to the PRA 
will become effective on the date specified in a notice published in 
the Federal Register announcing OMB approval. At that time, in 
accordance with document 16-101, the Bureau will announce the timing of 
the 60-day period for new and incumbent entities to apply for 
certification to participate in the permanent NDBEDP. To minimize any 
disruption of service in the transition between the pilot program and 
the permanent program, the Bureau will announce its selection of the 
entities certified to participate in the NDBEDP permanent program as 
soon as possible, but certifications to participate in the NDBEDP 
permanent program will not become effective before July 1, 2017.
    Because the information collection burdens related to NDBEDP pilot 
program activities overlap in time with the information collection 
burdens related to NDBEDP permanent program activities, the Commission 
is seeking approval for a new collection for the information burdens 
associated with the permanent NDBEDP.
    In document FCC 16-101, the Commission adopted rules requiring the 
following:
    (a) Entities must apply to the Commission for certification to 
receive reimbursement from the TRS Fund for NDBEDP activities.
    (b) A program wishing to relinquish its certification before its 
certification expires must provide written notice of its intent to do 
so.
    (c) Certified programs must disclose to the Commission actual or 
potential conflicts of interest.
    (d) Certified programs must notify the Commission of any 
substantive change that bears directly on its ability to meet the 
qualifications necessary for certification.
    (e) A certified entity may present written arguments and any 
relevant documentation as to why suspension or revocation of 
certification is not warranted.
    (f) When a new entity is certified as a state's program, the 
previously certified entity must take certain actions to complete the 
transition to the new entity.
    (g) Certified programs must require an applicant to provide 
verification that the applicant is deaf-blind.
    (h) Certified programs must require an applicant to provide 
verification that the applicant meets the income eligibility 
requirement.
    (i) Certified programs must re-verify the income and disability 
eligibility of an equipment recipient under certain circumstances.
    (j) Certified programs must permit the transfer of an equipment 
recipient's account when the recipient relocates to another state.
    (k) Certified programs must include an attestation on consumer 
application forms.
    (l) Certified programs must conduct annual audits and submit to 
Commission-directed audits.
    (m) Certified programs must document compliance with NDBEDP 
requirements, provide such documentation to the Commission upon 
request, and retain such records for at least five years.
    (n) Certified programs must submit reimbursement claims as 
instructed by the TRS Fund Administrator, and supplemental information 
and documentation as requested. In addition, the entity selected to 
conduct national outreach will submit claims for reimbursement on a 
quarterly basis.
    (o) Certified programs must submit reports every six months as 
instructed by the NDBEDP Administrator. In addition, the entity 
selected to conduct national outreach will submit an annual report.
    (p) Informal and formal complaints may be filed against NEDBEDP 
certified programs, and the Commission may conduct such inquiries and 
hold such proceedings as it may deem necessary.
    (q) Certified programs must include the NDBEDP whistleblower 
protections in appropriate publications.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-29039 Filed 12-2-16; 8:45 am]
BILLING CODE 6712-01-P