82 FR 44181 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range		44181-44182
FR Document		2017-20139

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 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 Office of Management and Budget (OMB) control number.

Federal Register, Volume 82 Issue 182 (Thursday, September 21, 2017)

[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44181-44182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20139]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0411]


Information Collection Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995, the 
Federal Communications Commission (FCC or the Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collection. 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 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 Office of Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before November 
20, 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 contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION: 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 Communications 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

[[Page 44182]]

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.
    OMB Control Number: 3060-0411.
    Title: Procedures for Formal Complaints.
    Form Number: FCC Form 485.
    Type of Review: Extension of a currently approved collection.
    Respondents: Individuals or households, business or other for-
profit entities, not-for-profit institutions, federal government, and 
state, local, or tribal Governments.
    Number of Respondents and Responses: 5 respondents; 77 responses.
    Estimated Time per Response: 1-60 hours.
    Frequency of Response: Recordkeeping requirement, on-occasion 
reporting requirement, and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 151, 154(i), 154(j), 206, 207, 208, 209, 301, 303, 304, 309, 
316, 332, and 1302.
    Total Annual Burden: 367 hours.
    Total Annual Cost: $475,650.
    Nature and Extent of Confidentiality: 47 CFR 1.731 provides for 
confidential treatment of materials disclosed or exchanged during the 
course of formal complaint proceedings when the disclosing party has 
identified the materials as proprietary or confidential. In the rare 
case in which a producing party believes that section 1.731 will not 
provide adequate protection for its assorted confidential material, it 
may request either that the opposing party consent to greater 
protection, or that the staff supervising the proceeding order greater 
protection.
    Privacy Act Impact Assessment: The information collection 
requirements may affect individuals or households. As required by the 
Privacy Act of 1974, as amended, 5 U.S.C. 552a, and OMB regulations, M-
03-22 (September 22, 2003), the FCC has completed both a system of 
records, FCC/EB-5, ``Enforcement Bureau Activity Tracking System,'' and 
a Privacy Impact Assessment (PIA), to cover the collection, 
maintenance, use, and disposal of all personally identifiable 
information (PII) that may be submitted as part of a formal complaint 
filed against a common carrier:
    (a) The system of records notice (SORN), FCC/EB-5, ``Enforcement 
Bureau Activity Tracking System (EBATS),'' was published in the Federal 
Register on December 14, 2010 (75 FR 77872) and became effective on 
January 24, 2011. It is posted on the FCC's Privacy Act Web page at: 
http://www.fcc.gov/omd/privacyact/records-systems.html.
    (b) The initial Privacy Impact Assessment (PIA) was completed on 
May 22, 2009. However, with the approval of the FCC/EB-5, ``EBATS,'' on 
January 24, 2011 and supplementation expected in early Fall 2017, the 
Commission is now updating the PIA to include the information that is 
contained in this SORN.
    Statutory authority for this information collection is contained in 
47 U.S.C. 151, 154(i), 154(j), 206, 207, 208, 209, 301, 303, 304, 309, 
316, 332, and 1302.
    Needs and Uses: Sections 206-209 of the Communications Act of 1934, 
as amended (the ``Act''), provide the statutory framework for 
adjudicating formal complaints against common carriers. To resolve 
complaints between providers regarding compliance with data roaming 
obligations, Commission Rule 20.12(e) adopts by reference the 
procedures already in place for resolving Section 208 formal complaints 
against common carriers, except that the remedy of damages, is not 
available for complaints against commercial mobile data service 
providers.
    Section 208(a) authorizes complaints by any person ``complaining of 
anything done or omitted to be done by any common carrier'' subject to 
the provisions of the Act.
    Section 208(a) states that if a carrier does not satisfy a 
complaint or there appears to be any reasonable ground for 
investigating the complaint, the Commission shall ``investigate the 
matters complained of in such manner and by such means as it shall deem 
proper.'' Certain categories of complaints are subject to a statutory 
deadline for resolution. See, e.g., 47 U.S.C. 208(b)(1) (imposing a 
five-month deadline for complaints challenging the ``lawfulness of a 
charge, classification, regulation, or practice''); 47 U.S.C. 271(d)(6) 
(imposing a 90-day deadline for complaints alleging that a Bell 
Operating Company has ceased to meet conditions imposed in connection 
with approval to provide in-region interLATA services).
    Formal complaint proceedings before the Commission are similar to 
civil litigation in federal district court. In fact, under section 207 
of the Act, a party claiming to be damaged by a common carrier may file 
its complaint with the Commission or in any district court of the 
United States, ``but such person shall not have the right to pursue 
both such remedies'' (47 U.S.C. 207). The Commission has promulgated 
rules (Formal Complaint Rules) to govern its formal complaint 
proceedings that are similar in many respects to the Federal Rules of 
Civil Procedure. See 47 CFR 1.720-1.736. These rules require the 
submission of information from the parties necessary to create a record 
on which the Commission can decide complex legal and factual issues. As 
described in section 1.720 of the rules, the Commission resolves formal 
complaint proceedings on a written record consisting of a complaint, 
answer or response, and joint statement of stipulated facts, disputed 
facts and key legal issues, along with all associated affidavits, 
exhibits and other attachments.
    This collection of information includes the process for 
electronically submitting a formal complaint against a common carrier. 
The Commission uses this information to determine the sufficiency of 
complaints and to resolve the merits of disputes between the parties. 
The Commission bases its orders in formal complaint proceedings upon 
evidence and argument produced by the parties in accordance with the 
Formal Complaint Rules. If the information were not collected, the 
Commission would not be able to resolve common carrier-related 
complaint proceedings, as required by section 208 of the Act.
    In addition, the Commission has adopted most of this formal 
complaint process to govern data roaming complaints. Specifically, the 
Commission has extended, as applicable, the procedural rules in the 
Commission's Part I, Subpart E rules, 47 CFR 1.716-1.718, 1.720, 1.721, 
and 1.723-1.735, to disputes arising out of the data roaming rule 
contained in 47 CFR 20.12(e). Therefore, in addition to being necessary 
to resolve common carrier-related complaint proceedings, this 
collection of information is also necessary to resolve data roaming-
related complaint proceedings.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-20139 Filed 9-20-17; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices 44181

the burden of the collection of Number of Respondents: 163 SUMMARY: As part of its continuing effort
information on the respondents, respondents; 163 responses. to reduce paperwork burdens, and as
including the use of automated Estimated Time per Response: 1 hour. required by the Paperwork Reduction
collection techniques or other forms of Frequency of Response: On occasion Act (PRA) of 1995, the Federal
information technology; and ways to reporting requirement. Communications Commission (FCC or
further reduce the information Obligation to Respond: Required to the Commission) invites the general
collection burden on small business obtain or retain benefits. The public and other Federal agencies to
concerns with fewer than 25 employees. Commission has authority for this take this opportunity to comment on the
The FCC may not conduct or sponsor information collection pursuant to 47 following information collection.
a collection of information unless it U.S.C. 154(i) of the Communications Comments are requested concerning:
displays a currently valid Office of Act of 1934, as amended. Whether the proposed collection of
Management and Budget (OMB) control Total Annual Burden: 163 hours. information is necessary for the proper
number. No person shall be subject to Annual Cost Burden: $48,900. performance of the functions of the
Privacy Act Impact Assessment: No Commission, including whether the
any penalty for failing to comply with
impact(s). information shall have practical utility;
a collection of information subject to the Nature and Extent of Confidentiality:
PRA that does not display a valid OMB the accuracy of the Commission’s
In general, there is no need for burden estimate; ways to enhance the
control number. confidentiality.
DATES: Written comments should be
quality, utility, and clarity of the
Needs and Uses: This collection will
submitted on or before November 20, information collected; ways to minimize
be submitted to the Office of
2017. If you anticipate that you will be the burden of the collection of
Management and Budget (OMB) as an information on the respondents,
submitting comments, but find it extension after this 60 day comment
difficult to do so within the period of including the use of automated
period has ended in order to obtain the collection techniques or other forms of
time allowed by this notice, you should full three-year clearance from OMB. information technology; and ways to
advise the contacts below as soon as Without this collection of
further reduce the information
possible. information, the Commission would not
collection burden on small business
ADDRESSES: Direct all PRA comments to have critical information such as a
concerns with fewer than 25 employees.
Cathy Williams, FCC, via email PRA@ change in a controlling interest in the
The FCC may not conduct or sponsor a
fcc.gov and to Cathy.Williams@fcc.gov. ownership of the licensee. The collection of information unless it
Commission would not be able to carry displays a currently valid control
FOR FURTHER INFORMATION CONTACT: For
out its duties under the number. No person shall be subject to
additional information about the Communications Act and to determine
information collection, contact Cathy any penalty for failing to comply with
the qualifications of applicants to a collection of information subject to the
Williams at (202) 418–2918. provide international
SUPPLEMENTARY INFORMATION: As part of
PRA that does not display a valid Office
telecommunications service, including of Management and Budget (OMB)
its continuing effort to reduce applicants that are affiliated with
paperwork burdens, and as required by control number.
foreign entities, and to determine
the PRA of 1995 (44 U.S.C. 3501–3520), DATES: Written PRA comments should
whether and under what conditions the
the FCC invites the general public and authorizations are in the public interest, be submitted on or before November 20,
other Federal agencies to take this convenience, and necessity. 2017. If you anticipate that you will be
opportunity to comment on the Furthermore, without this collection of submitting comments, but find it
following information collections. information, the Commission would not difficult to do so within the period of
Comments are requested concerning: be able to maintain effective oversight of time allowed by this notice, you should
Whether the proposed collection of U.S. providers of international advise the contact listed below as soon
information is necessary for the proper telecommunications services that are as possible.
performance of the functions of the affiliated with, or involved in certain co- ADDRESSES: Direct all PRA comments to
Commission, including whether the marketing or similar arrangements with, Nicole Ongele, FCC, via email PRA@
information shall have practical utility; foreign entities that have market power. fcc.gov and to Nicole.Ongele@fcc.gov.
the accuracy of the Commission’s FOR FURTHER INFORMATION CONTACT: For
Federal Communications Commission.
burden estimate; ways to enhance the additional information about the
Marlene H. Dortch,
quality, utility, and clarity of the information collection, contact Nicole
information collected; ways to minimize Secretary, Office of the Secretary. Ongele at (202) 418–2991.
the burden of the collection of [FR Doc. 2017–20138 Filed 9–20–17; 8:45 am] SUPPLEMENTARY INFORMATION: As part of
information on the respondents, BILLING CODE 6712–01–P its continuing effort to reduce
including the use of automated paperwork burdens, and as required by
collection techniques or other forms of the Paperwork Reduction Act (PRA) of
information technology; and ways to FEDERAL COMMUNICATIONS 1995 (44 U.S.C. 3501–3520), the Federal
further reduce the information COMMISSION Communications Commission (FCC or
collection burden on small business [OMB 3060–0411] Commission) invites the general public
concerns with fewer than 25 employees. and other Federal agencies to take this
OMB Control No.: 3060–1108. Information Collection Being Reviewed
asabaliauskas on DSKBBXCHB2PROD with NOTICES

opportunity to comment on the
Title: Consummation of Assignments by the Federal Communications following information collections.
and Transfers of Control of Commission Under Delegated Comments are requested concerning:
Authorization. Authority whether the proposed collection of
Form No.: N/A. AGENCY: Federal Communications information is necessary for the proper
Type of Review: Extension of a Commission. performance of the functions of the
currently approved collection. Commission, including whether the
ACTION: Notice and request for
Respondents: Business or other for- information shall have practical utility;
comments.
profit entities. the accuracy of the Commission’s

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44182 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices

burden estimate; ways to enhance the (a) The system of records notice common carrier may file its complaint
quality, utility, and clarity of the (SORN), FCC/EB–5, ‘‘Enforcement with the Commission or in any district
information collected; ways to minimize Bureau Activity Tracking System court of the United States, ‘‘but such
the burden of the collection of (EBATS),’’ was published in the Federal person shall not have the right to pursue
information on the respondents, Register on December 14, 2010 (75 FR both such remedies’’ (47 U.S.C. 207).
including the use of automated 77872) and became effective on January The Commission has promulgated rules
collection techniques or other forms of 24, 2011. It is posted on the FCC’s (Formal Complaint Rules) to govern its
information technology; and ways to Privacy Act Web page at: http:// formal complaint proceedings that are
further reduce the information www.fcc.gov/omd/privacyact/records- similar in many respects to the Federal
collection burden on small business systems.html. Rules of Civil Procedure. See 47 CFR
concerns with fewer than 25 employees. (b) The initial Privacy Impact
Assessment (PIA) was completed on 1.720–1.736. These rules require the
OMB Control Number: 3060–0411.
Title: Procedures for Formal May 22, 2009. However, with the submission of information from the
Complaints. approval of the FCC/EB–5, ‘‘EBATS,’’ on parties necessary to create a record on
Form Number: FCC Form 485. January 24, 2011 and supplementation which the Commission can decide
Type of Review: Extension of a expected in early Fall 2017, the complex legal and factual issues. As
currently approved collection. Commission is now updating the PIA to described in section 1.720 of the rules,
Respondents: Individuals or include the information that is the Commission resolves formal
households, business or other for-profit contained in this SORN. complaint proceedings on a written
entities, not-for-profit institutions, Statutory authority for this record consisting of a complaint, answer
federal government, and state, local, or information collection is contained in or response, and joint statement of
tribal Governments. 47 U.S.C. 151, 154(i), 154(j), 206, 207, stipulated facts, disputed facts and key
Number of Respondents and 208, 209, 301, 303, 304, 309, 316, 332, legal issues, along with all associated
Responses: 5 respondents; 77 responses. and 1302. affidavits, exhibits and other
Estimated Time per Response: 1–60 Needs and Uses: Sections 206–209 of attachments.
hours. the Communications Act of 1934, as
Frequency of Response: amended (the ‘‘Act’’), provide the This collection of information
Recordkeeping requirement, on- statutory framework for adjudicating includes the process for electronically
occasion reporting requirement, and formal complaints against common submitting a formal complaint against a
third party disclosure requirement. carriers. To resolve complaints between common carrier. The Commission uses
Obligation to Respond: Required to providers regarding compliance with this information to determine the
obtain or retain benefits. Statutory data roaming obligations, Commission sufficiency of complaints and to resolve
authority for this information collection Rule 20.12(e) adopts by reference the the merits of disputes between the
is contained in 47 U.S.C. 151, 154(i), procedures already in place for parties. The Commission bases its
154(j), 206, 207, 208, 209, 301, 303, 304, resolving Section 208 formal complaints orders in formal complaint proceedings
309, 316, 332, and 1302. against common carriers, except that the upon evidence and argument produced
Total Annual Burden: 367 hours. remedy of damages, is not available for by the parties in accordance with the
Total Annual Cost: $475,650. complaints against commercial mobile Formal Complaint Rules. If the
Nature and Extent of Confidentiality: data service providers. information were not collected, the
47 CFR 1.731 provides for confidential Section 208(a) authorizes complaints Commission would not be able to
treatment of materials disclosed or by any person ‘‘complaining of anything
resolve common carrier-related
exchanged during the course of formal done or omitted to be done by any
complaint proceedings when the complaint proceedings, as required by
common carrier’’ subject to the
disclosing party has identified the section 208 of the Act.
provisions of the Act.
materials as proprietary or confidential. Section 208(a) states that if a carrier In addition, the Commission has
In the rare case in which a producing does not satisfy a complaint or there adopted most of this formal complaint
party believes that section 1.731 will not appears to be any reasonable ground for process to govern data roaming
provide adequate protection for its investigating the complaint, the complaints. Specifically, the
assorted confidential material, it may Commission shall ‘‘investigate the Commission has extended, as
request either that the opposing party matters complained of in such manner applicable, the procedural rules in the
consent to greater protection, or that the and by such means as it shall deem Commission’s Part I, Subpart E rules, 47
staff supervising the proceeding order proper.’’ Certain categories of CFR 1.716–1.718, 1.720, 1.721, and
greater protection. complaints are subject to a statutory 1.723–1.735, to disputes arising out of
Privacy Act Impact Assessment: The deadline for resolution. See, e.g., 47 the data roaming rule contained in 47
information collection requirements U.S.C. 208(b)(1) (imposing a five-month CFR 20.12(e). Therefore, in addition to
may affect individuals or households. deadline for complaints challenging the being necessary to resolve common
As required by the Privacy Act of 1974, ‘‘lawfulness of a charge, classification, carrier-related complaint proceedings,
as amended, 5 U.S.C. 552a, and OMB regulation, or practice’’); 47 U.S.C.
this collection of information is also
regulations, M–03–22 (September 22, 271(d)(6) (imposing a 90-day deadline
2003), the FCC has completed both a necessary to resolve data roaming-
for complaints alleging that a Bell
related complaint proceedings.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

system of records, FCC/EB–5, Operating Company has ceased to meet
‘‘Enforcement Bureau Activity Tracking conditions imposed in connection with Federal Communications Commission.
System,’’ and a Privacy Impact approval to provide in-region Marlene H. Dortch,
Assessment (PIA), to cover the interLATA services). Secretary, Office of the Secretary.
collection, maintenance, use, and Formal complaint proceedings before
[FR Doc. 2017–20139 Filed 9–20–17; 8:45 am]
disposal of all personally identifiable the Commission are similar to civil
BILLING CODE 6712–01–P
information (PII) that may be submitted litigation in federal district court. In
as part of a formal complaint filed fact, under section 207 of the Act, a
against a common carrier: party claiming to be damaged by a

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Document Created: 2018-10-24 14:35:30
Document Modified: 2018-10-24 14:35:30

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		Notices
Action		Notice and request for comments.
Dates		Written PRA comments should be submitted on or before November 20, 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 contact listed below as soon as possible.
Contact		For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.
FR Citation		82 FR 44181