83_FR_18011 83 FR 17931 - Reporting Requirements for U.S. Providers of International Services; 2016 Biennial Review of Telecommunications Regulations

83 FR 17931 - Reporting Requirements for U.S. Providers of International Services; 2016 Biennial Review of Telecommunications Regulations

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range17931-17933
FR Document2018-08570

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved the information collection requirements associated with the Commission's Report and Order, Reporting Requirements for U.S. Providers of International Services; 2016 Biennial Review of Telecommunications Regulations, FCC 17-136. This document 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 changes of the rules.

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17931-17933]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08570]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 43, and 63

[IB Docket Nos. 17-56; 16-131, FCC 17-136]


Reporting Requirements for U.S. Providers of International 
Services; 2016 Biennial Review of Telecommunications Regulations

AGENCY: Federal Communications Commission.

ACTION: Announcement of effective date.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved the information collection requirements associated with 
the Commission's Report and Order, Reporting Requirements for U.S. 
Providers of International Services; 2016 Biennial Review of 
Telecommunications Regulations, FCC 17-136. This document is consistent 
with the Report

[[Page 17932]]

and Order, which stated that the Commission would publish a document in 
the Federal Register announcing OMB approval and the effective date of 
changes of the rules.

DATES: Sections 0.457(d)(1)(xi), 1.767(g)(13) through (16), 43.62, 
43.82, 63.10(c)(2), 63.21(d), and 63.22(e), (h), and (i), published at 
82 FR 55323, November 21, 2017, are effective on April 25, 2018.

FOR FURTHER INFORMATION CONTACT: Cathy Williams by email at 
Cathy.Williams@fcc.gov and telephone at (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that on March 28, 
2018 and April 3, 2018, OMB approved the information collection 
requirements contained in the Commission's Report and Order, FCC 17-
136, published at 82 FR 55323. The OMB Control Numbers are 3060-0686 
and 3060-1156. The Commission publishes this document as an 
announcement of the effective date of those information collection 
requirements.
    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 March 28, 2018 and April 3, 2018, for the information 
collection requirements contained in 47 CFR 43.62, 43.82 and 63.22(h), 
as amended, in the Commission's Report and Order, FCC 17-136. (The 
effective date for the amendments to 47 CFR 0.457(d)(1)(xi), 
1.767(g)(13) through (16), 63.10(c)(2), 63.21(d), 63.22(e) and (i), are 
the same as the amendments to 47 CFR 43.62, 43.82 and 63.22(h), because 
those amendments are directly related to each other.) 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 3060-1156.
    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: 3060-0686.
    OMB Approval Date: March 28, 2018.
    OMB Expiration Date: March 31, 2021.
    Title: International Section 214 Process and Tariff Requirements--
47 CFR 63.10, 63.11, 63.13, 63.18, 63.19, 63.21, 63.22, 63.24, 63.25 
and 1.1311.
    Form No.: International Section 214--New Authorization; 
International Section 214 Authorization--Transfer of Control/
Assignment; International Section 214--Special Temporary Authority and 
International Section 214--Foreign Carrier Affiliation Notification.
    Type of Review: Revision of a currently approved information 
collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 528 respondents; 792 responses.
    Estimated Time per Response: 1-20 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 
Commission's statutory authority for this information collection under 
sections 1, 4(i), 4(j), 10, 11, 201-205, 208, 211, 214, 218, 219, 220, 
303(r), 309, 310, 403 and 571 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 154(j), 160, 161, 201-205, 208, 
211, 214, 218, 219, 220, 303(r), 309, 310, 403 and 571.
    Total Annual Burden: 3,152 hours.
    Annual Cost Burden: $752,400.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The Commission has not 
granted assurances of confidentiality to those parties submitting the 
information, except for the list or routes required under 47 CFR 
63.22(h) which the Commission will treat as not routinely available for 
public inspection. In all the other cases where a respondent believes 
information requires confidentiality, the respondent can request 
confidential treatment under Section 0.459 of the Commission's rules, 
47 CFR 0.459.
    Needs and Uses: The information will be used by the Commission 
staff in carrying out its duties under the Communications Act. The 
information collections pertaining to part 63 are necessary largely to 
determine the qualifications of applicants to provide common carrier 
international telecommunications service under section 214 of the 
Communications Act, 47 U.S.C. 214, 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.
    The frequency of filing applications pursuant to Sections 214 will 
be determined largely by the applicant seeking to provide U.S. 
international common carrier service under section 214 of the 
Communications Act, 47 U.S.C. 214. Carriers will also determine largely 
the frequency of filing under the other rules included in this 
collection, with the exception of the quarterly reports required of 
certain carriers under 47 CFR 63.10(c) and the list of routes for which 
a facilities-based international service provider must make a one-time 
filing and update as necessary under 47 CFR 63.22(h). 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 of 1934. In addition, 
without the information collections, the United States would jeopardize 
its ability to fulfill the U.S. obligations as negotiated under the 
World Telecommunications Organization (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. Regarding 47 CFR 63.11, carriers determine 
largely when to notify the Commission of planned investments by or in 
foreign carriers. If the information is not collected by the 
Commission, we will not be able to prevent carriers that control 
bottleneck facilities in foreign countries from using those bottlenecks 
to discriminate against unaffiliated U.S. carriers.
    OMB Control No.: 3060-1156.
    OMB Approval Date: April 3, 2018.
    OMB Expiration Date: April 30, 2021.
    Title: 47 CFR 43.82, Annual International Circuit Capacity Reports.
    Form No.: N/A.
    Type of Review: Revision of a currently approved information 
collection.
    Respondents: Business or other for profit.
    Number of Respondents: 65 respondents; 185 responses.
    Estimated Time per Response: 1-14 hours.
    Frequency of Response: Annual reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The

[[Page 17933]]

Commission's statutory authority for this information collection under 
Sections 1, 4(i), 4(j), 11, 201-205, 214, 219-220, 303(r), 309, and 403 
of the Communications Act as amended, 47 U.S.C. 151, 154(i), 154(j), 
161, 201-205, 214, 219-220, 303(r), 309, and 403, the Cable Landing 
License Act of 1921, 47 U.S.C. 34-39, and 3 U.S.C. 301.
    Total Annual Burden: 1,085 hours.
    Annual Cost Burden: $2,400.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information. The 
Commission, however, will allow filing entities to seek confidential 
treatment of their data.
    Needs and Uses: The uses to which the Commission puts the 
information from the annual circuit capacity report, and the 
Registration Form are as follows:

(a) Annual Circuit Capacity Reports [Section 43.82(a)]

    The circuit capacity reports are comprised of two parts. First, 
licensees of a submarine cable extending between the United States and 
a foreign point as of December 31 of the reporting period report the 
available capacity and planned capacity of the cable--the cable 
operators report. Second, each cable landing licensee and common 
carrier that holds capacity on the U.S. end of a submarine cable 
extending between the United States and a foreign point as of December 
31 of the reporting period (``capacity holders'') reports its available 
capacity on the U.S. end of every submarine cable between the United 
States and any foreign point on which it holds capacity as of that 
date--the capacity holders report. A holding of capacity is an interest 
in the U.S. end of an international submarine cable through cable 
ownership, an indefeasible right of use (IRU), or an inter-carrier 
lease (ICL).
    The Commission uses the circuit capacity data for such purposes as 
analyzing international transport markets in merger reviews. More 
importantly, these data are essential for our national security and 
public safety responsibilities in regulating communications, an 
important linchpin of the Commission's statutory authority. Submarine 
cables are critical infrastructure and the circuit capacity data are 
important for the Commission's contributions to the national security 
and defense of the United States. The Commission uses the data, for 
example, to have a complete understanding of the ownership and use of 
submarine cable capacity and to assist in the protection, restoration, 
and resiliency of the infrastructure during national security or public 
safety emergencies, such as hurricanes. The Department of Homeland 
Security (DHS) filed comments stating that it also finds this 
information to be critical to its national and homeland security 
functions, and states that this information, when combined with other 
data sources, is used to protect and preserve national security and for 
its emergency response purposes.
    There are no alternative reliable third party commercial sources 
for the reported data. Although some sources collect general capacity 
information from cable owners, neither the FCC nor DHS has found any 
alternative sources for capacity holder data. Commercial source data 
may include capacity information, but the data are not verified by 
company officials and do not include capacity holder data. Although the 
Commission obtains the ownership and location of individual cables 
through the licensing process, distribution of a cable's capacity among 
providers is not required to be reported under our current submarine 
cable licensing rules and is provided only annually through the Circuit 
Capacity Reports. Further, the Commission's licensing rules do not 
require an applicant to include the entities that have acquired 
capacity on the cable through an IRU or ICL.

(b) Registration Form [Section 43.82(b)]

    The Registration Form provides basic information about the filing 
and about the entity itself--such as address, phone number, email 
address, and the international Section 214 authorizations and cable 
landing licenses held by the filer. This information will assist in 
keeping track of who holds international circuit capacity and how to 
contact them. The Registration Form also includes a certification by 
the filing entity to certify the accuracy and completeness of its 
report. The Registration Form provides the means by which the filing 
entity may request confidential treatment of the data filed in the 
report.

(c) Filing Manual [Section 43.82(c)]

    The Filing Manual sets forth instructions on how to file the 
reports.

    Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018-08570 Filed 4-24-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                                  Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations                                                     17931

                                                                                                                                                                        * Elevation in
                                                                                                                                                                         feet (NGVD)
                                                                                                                                                                        + Elevation in
                                                                                                                                                                              feet
                                                                                                                                                                      (NAVD)# Depth in
                                                      Flooding source(s)                                   Location of referenced elevation                                                 Communities affected
                                                                                                                                                                              feet
                                                                                                                                                                        above ground
                                                                                                                                                                        ∧ Elevation in
                                                                                                                                                                        meters (MSL)
                                                                                                                                                                           Modified

                                                                                                            Leelanau County, Michigan (All Jurisdictions)
                                                                                                                    Docket Nos.: FEMA–B–1210

                                              Lake Leelanau ..........................     Entire shoreline within community ......................................               +590   Township of Bingham, Town-
                                                                                                                                                                                           ship of Centerville, Town-
                                                                                                                                                                                           ship of Leland, Township
                                                                                                                                                                                           of Solon, Township of
                                                                                                                                                                                           Suttons Bay.
                                              Lake Michigan ...........................    Entire shoreline within community ......................................               +584   Township of Bingham, Town-
                                                                                                                                                                                            ship of Centerville, Town-
                                                                                                                                                                                            ship of Cleveland, Town-
                                                                                                                                                                                            ship of Empire, Township
                                                                                                                                                                                            of Glen Arbor, Township of
                                                                                                                                                                                            Leelanau, Township of Le-
                                                                                                                                                                                            land, Township of Suttons
                                                                                                                                                                                            Bay, Village of Empire.
                                              Lake Michigan ...........................    Entire shoreline within community ......................................               +584   Village of Suttons Bay.

                                              * National Geodetic Vertical Datum.
                                              + North American Vertical Datum.
                                              # Depth in feet above ground.
                                              ∧ Mean Sea Level, rounded to the nearest 0.1 meter.

                                                                                                                                 ADDRESSES
                                              Township of Bingham
                                              Maps are available for inspection            at 7171 South Center Highway, Traverse City, MI 49684.
                                              Township of Centerville
                                              Maps are available for inspection            at 5419 South French Road, Cedar, MI 49621.
                                              Township of Cleveland
                                              Maps are available for inspection            at 955 West Harbor Highway, Cedar, MI 49621.
                                              Township of Empire
                                              Maps are available for inspection            at 10098 West Front Street, Empire, MI 49630.
                                              Township of Glen Arbor
                                              Maps are available for inspection            at 6394 West Western Avenue, Glen Arbor, MI 49636.
                                              Township of Leelanau
                                              Maps are available for inspection            at 119 East Nagonaba Street, Northport, MI 49670.
                                              Township of Leland
                                              Maps are available for inspection            at 201 East Oak Street, Leland, MI 49654.
                                              Township of Solon
                                              Maps are available for inspection            at 2305 19 Mile Road Northeast, Cedar Springs, MI 49319.
                                              Township of Suttons Bay
                                              Maps are available for inspection            at 321 Saint Joseph Street, Suite C, Suttons Bay, MI 49682.
                                              Village of Empire
                                              Maps are available for inspection            at 11518 South LaCore Street, Empire, MI 49630.
                                              Village of Suttons Bay
                                              Maps are available for inspection            at 420 Front Street, Suttons Bay, MI 49682.



                                              [FR Doc. 2018–08592 Filed 4–24–18; 8:45 am]                    FEDERAL COMMUNICATIONS                                     ACTION:   Announcement of effective date.
                                              BILLING CODE 9110–12–P                                         COMMISSION
                                                                                                                                                                        SUMMARY:  In this document, the Federal
                                                                                                             47 CFR Parts 0, 1, 43, and 63                              Communications Commission
                                                                                                                                                                        (Commission) announces that the Office
                                                                                                             [IB Docket Nos. 17–56; 16–131, FCC 17–                     of Management and Budget (OMB) has
                                                                                                             136]                                                       approved the information collection
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                                        requirements associated with the
                                                                                                             Reporting Requirements for U.S.
                                                                                                                                                                        Commission’s Report and Order,
                                                                                                             Providers of International Services;
                                                                                                             2016 Biennial Review of                                    Reporting Requirements for U.S.
                                                                                                             Telecommunications Regulations                             Providers of International Services; 2016
                                                                                                                                                                        Biennial Review of Telecommunications
                                                                                                             AGENCY:Federal Communications                              Regulations, FCC 17–136. This
                                                                                                             Commission.                                                document is consistent with the Report


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                                              17932            Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations

                                              and Order, which stated that the                        CFR 63.10, 63.11, 63.13, 63.18, 63.19,                information collections are also
                                              Commission would publish a document                     63.21, 63.22, 63.24, 63.25 and 1.1311.                necessary to maintain effective oversight
                                              in the Federal Register announcing                         Form No.: International Section 214—               of U.S. international carriers generally.
                                              OMB approval and the effective date of                  New Authorization; International                         The frequency of filing applications
                                              changes of the rules.                                   Section 214 Authorization—Transfer of                 pursuant to Sections 214 will be
                                              DATES: Sections 0.457(d)(1)(xi),                        Control/Assignment; International                     determined largely by the applicant
                                              1.767(g)(13) through (16), 43.62, 43.82,                Section 214—Special Temporary                         seeking to provide U.S. international
                                              63.10(c)(2), 63.21(d), and 63.22(e), (h),               Authority and International Section                   common carrier service under section
                                              and (i), published at 82 FR 55323,                      214—Foreign Carrier Affiliation                       214 of the Communications Act, 47
                                              November 21, 2017, are effective on                     Notification.                                         U.S.C. 214. Carriers will also determine
                                              April 25, 2018.                                            Type of Review: Revision of a                      largely the frequency of filing under the
                                                                                                      currently approved information                        other rules included in this collection,
                                              FOR FURTHER INFORMATION CONTACT:                        collection.                                           with the exception of the quarterly
                                              Cathy Williams by email at                                 Respondents: Business or other for-                reports required of certain carriers
                                              Cathy.Williams@fcc.gov and telephone                    profit.                                               under 47 CFR 63.10(c) and the list of
                                              at (202) 418–2918.                                         Number of Respondents: 528                         routes for which a facilities-based
                                              SUPPLEMENTARY INFORMATION: This                         respondents; 792 responses.                           international service provider must
                                              document announces that on March 28,                       Estimated Time per Response: 1–20                  make a one-time filing and update as
                                              2018 and April 3, 2018, OMB approved                    hours.                                                necessary under 47 CFR 63.22(h). If the
                                              the information collection requirements                    Frequency of Response: On occasion                 collections are not conducted or are
                                              contained in the Commission’s Report                    reporting requirement, Quarterly                      conducted less frequently, applicants
                                              and Order, FCC 17–136, published at 82                  reporting requirement, Recordkeeping                  will not obtain the authorizations
                                              FR 55323. The OMB Control Numbers                       requirement and third party disclosure                necessary to provide
                                              are 3060–0686 and 3060–1156. The                        requirement.                                          telecommunications services, and the
                                              Commission publishes this document as                      Obligation to Respond: Required to                 Commission will be unable to carry out
                                              an announcement of the effective date of                obtain or retain benefits. The                        its mandate under the Communications
                                              those information collection                            Commission’s statutory authority for                  Act of 1934. In addition, without the
                                              requirements.                                           this information collection under                     information collections, the United
                                                 Synopsis: As required by the                         sections 1, 4(i), 4(j), 10, 11, 201–205,              States would jeopardize its ability to
                                              Paperwork Reduction Act of 1995 (44                     208, 211, 214, 218, 219, 220, 303(r), 309,            fulfill the U.S. obligations as negotiated
                                              U.S.C. 3507), the FCC is notifying the                  310, 403 and 571 of the                               under the World Telecommunications
                                              public that it received OMB approval on                 Communications Act of 1934, as                        Organization (WTO) Basic Telecom
                                              March 28, 2018 and April 3, 2018, for                   amended, 47 U.S.C. 151, 154(i), 154(j),               Agreement because these collections are
                                              the information collection requirements                 154(j), 160, 161, 201–205, 208, 211, 214,             imperative to detecting and deterring
                                              contained in 47 CFR 43.62, 43.82 and                    218, 219, 220, 303(r), 309, 310, 403 and              anticompetitive conduct. They are also
                                              63.22(h), as amended, in the                            571.                                                  necessary to preserve the Executive
                                              Commission’s Report and Order, FCC                         Total Annual Burden: 3,152 hours.
                                                                                                                                                            Branch agencies’ and the Commission’s
                                                                                                         Annual Cost Burden: $752,400.
                                              17–136. (The effective date for the                                                                           ability to review foreign investments for
                                                                                                         Privacy Act Impact Assessment: No
                                              amendments to 47 CFR 0.457(d)(1)(xi),                                                                         national security, law enforcement,
                                                                                                      impact(s).
                                              1.767(g)(13) through (16), 63.10(c)(2),                    Nature and Extent of Confidentiality:              foreign policy, and trade concerns.
                                              63.21(d), 63.22(e) and (i), are the same                The Commission has not granted                        Regarding 47 CFR 63.11, carriers
                                              as the amendments to 47 CFR 43.62,                      assurances of confidentiality to those                determine largely when to notify the
                                              43.82 and 63.22(h), because those                       parties submitting the information,                   Commission of planned investments by
                                              amendments are directly related to each                 except for the list or routes required                or in foreign carriers. If the information
                                              other.) Under 5 CFR part 1320, an                       under 47 CFR 63.22(h) which the                       is not collected by the Commission, we
                                              agency may not conduct or sponsor a                     Commission will treat as not routinely                will not be able to prevent carriers that
                                              collection of information unless it                     available for public inspection. In all the           control bottleneck facilities in foreign
                                              displays a current, valid OMB Control                   other cases where a respondent believes               countries from using those bottlenecks
                                              Number. No person shall be subject to                   information requires confidentiality, the             to discriminate against unaffiliated U.S.
                                              any penalty for failing to comply with                  respondent can request confidential                   carriers.
                                              a collection of information subject to the              treatment under Section 0.459 of the                     OMB Control No.: 3060–1156.
                                              Paperwork Reduction Act that does not                                                                            OMB Approval Date: April 3, 2018.
                                                                                                      Commission’s rules, 47 CFR 0.459.
                                              display a current, valid OMB Control                                                                             OMB Expiration Date: April 30, 2021.
                                                                                                         Needs and Uses: The information will                  Title: 47 CFR 43.82, Annual
                                              Number. The OMB Control Numbers are                     be used by the Commission staff in
                                              3060–0686 and 3060–1156.                                                                                      International Circuit Capacity Reports.
                                                                                                      carrying out its duties under the                        Form No.: N/A.
                                                 The foregoing notice is required by                  Communications Act. The information
                                              the Paperwork Reduction Act of 1995,                                                                             Type of Review: Revision of a
                                                                                                      collections pertaining to part 63 are                 currently approved information
                                              Public Law 104–13, October 1, 1995,                     necessary largely to determine the
                                              and 44 U.S.C. 3507.                                                                                           collection.
                                                                                                      qualifications of applicants to provide                  Respondents: Business or other for
                                                 The total annual reporting burdens                   common carrier international                          profit.
                                              and costs for the respondents are as                    telecommunications service under                         Number of Respondents: 65
sradovich on DSK3GMQ082PROD with RULES




                                              follows:                                                section 214 of the Communications Act,                respondents; 185 responses.
                                                 OMB Control Number: 3060–0686.                       47 U.S.C. 214, including applicants that                 Estimated Time per Response: 1–14
                                                 OMB Approval Date: March 28, 2018.                   are, or are affiliated with, foreign                  hours.
                                                 OMB Expiration Date: March 31,                       carriers, and to determine whether and                   Frequency of Response: Annual
                                              2021.                                                   under what conditions the                             reporting requirement.
                                                 Title: International Section 214                     authorizations are in the public interest,               Obligation to Respond: Required to
                                              Process and Tariff Requirements—47                      convenience, and necessity. The                       obtain or retain benefits. The


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                                                               Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations                                         17933

                                              Commission’s statutory authority for                    restoration, and resiliency of the                    FEDERAL COMMUNICATIONS
                                              this information collection under                       infrastructure during national security               COMMISSION
                                              Sections 1, 4(i), 4(j), 11, 201–205, 214,               or public safety emergencies, such as
                                              219–220, 303(r), 309, and 403 of the                    hurricanes. The Department of                         47 CFR Part 9
                                              Communications Act as amended, 47                       Homeland Security (DHS) filed                         [WC Docket No. 08–171, FCC 08–249]
                                              U.S.C. 151, 154(i), 154(j), 161, 201–205,               comments stating that it also finds this
                                              214, 219–220, 303(r), 309, and 403, the                 information to be critical to its national            Implementation of the NET 911
                                              Cable Landing License Act of 1921, 47                   and homeland security functions, and                  Improvement ACT of 2008: Location
                                              U.S.C. 34–39, and 3 U.S.C. 301.                         states that this information, when                    Information From Owners and
                                                 Total Annual Burden: 1,085 hours.                    combined with other data sources, is                  Controllers of 911 and E911
                                                 Annual Cost Burden: $2,400.                                                                                Capabilities
                                                 Privacy Act Impact Assessment: No                    used to protect and preserve national
                                              impact(s).                                              security and for its emergency response               AGENCY:   Federal Communications
                                                 Nature and Extent of Confidentiality:                purposes.                                             Commission.
                                              In general, there is no need for                           There are no alternative reliable third            ACTION: Final rule; announcement of
                                              confidentiality with this collection of                 party commercial sources for the                      effective date.
                                              information. The Commission, however,                   reported data. Although some sources
                                              will allow filing entities to seek                      collect general capacity information                  SUMMARY:   In this document, the
                                              confidential treatment of their data.                   from cable owners, neither the FCC nor                Commission announces that the Office
                                                 Needs and Uses: The uses to which                    DHS has found any alternative sources                 of Management and Budget (OMB) has
                                              the Commission puts the information                     for capacity holder data. Commercial                  approved, for a period of three years, an
                                              from the annual circuit capacity report,                source data may include capacity                      information collection requirement
                                              and the Registration Form are as                        information, but the data are not                     associated with the Implementation of
                                              follows:                                                                                                      the NET 911 Improvement Act of 2008:
                                                                                                      verified by company officials and do not
                                              (a) Annual Circuit Capacity Reports                     include capacity holder data. Although                Location Information from Owners and
                                              [Section 43.82(a)]                                                                                            Controllers of 911 and E911 Capabilities
                                                                                                      the Commission obtains the ownership
                                                                                                                                                            Report and Order (NET 911
                                                 The circuit capacity reports are                     and location of individual cables
                                                                                                                                                            Improvement Act of 2008 Report and
                                              comprised of two parts. First, licensees                through the licensing process,
                                                                                                                                                            Order), FCC 08–249. This document is
                                              of a submarine cable extending between                  distribution of a cable’s capacity among
                                                                                                                                                            consistent with the NET 911
                                              the United States and a foreign point as                providers is not required to be reported
                                                                                                                                                            Improvement Act of 2008 Report and
                                              of December 31 of the reporting period                  under our current submarine cable                     Order, which stated that the
                                              report the available capacity and                       licensing rules and is provided only                  Commission would publish a document
                                              planned capacity of the cable—the cable                 annually through the Circuit Capacity                 in the Federal Register announcing the
                                              operators report. Second, each cable                    Reports. Further, the Commission’s                    effective date of the rule.
                                              landing licensee and common carrier                     licensing rules do not require an
                                                                                                                                                            DATES: 47 CFR 9.7(a), published at 74
                                              that holds capacity on the U.S. end of                  applicant to include the entities that
                                                                                                                                                            FR 31860, July 6, 2009, is effective April
                                              a submarine cable extending between                     have acquired capacity on the cable
                                                                                                                                                            25, 2018.
                                              the United States and a foreign point as                through an IRU or ICL.
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                              of December 31 of the reporting period
                                                                                                      (b) Registration Form [Section 43.82(b)]              Brenda Boykin, Policy and Licensing
                                              (‘‘capacity holders’’) reports its available
                                              capacity on the U.S. end of every                                                                             Division, Public Safety and Homeland
                                                                                                         The Registration Form provides basic               Security Bureau at (202) 418–2062 or
                                              submarine cable between the United                      information about the filing and about
                                              States and any foreign point on which                                                                         brenda.boykin@fcc.gov. For additional
                                                                                                      the entity itself—such as address, phone              information concerning the Paperwork
                                              it holds capacity as of that date—the                   number, email address, and the
                                              capacity holders report. A holding of                                                                         Reduction Act information collection
                                                                                                      international Section 214 authorizations              requirements, contact Nicole Ongele at
                                              capacity is an interest in the U.S. end of              and cable landing licenses held by the
                                              an international submarine cable                                                                              (202) 418–2991 or nicole.ongele@
                                                                                                      filer. This information will assist in                fcc.gov.
                                              through cable ownership, an                             keeping track of who holds international
                                              indefeasible right of use (IRU), or an                                                                        SUPPLEMENTARY INFORMATION:    A
                                                                                                      circuit capacity and how to contact
                                              inter-carrier lease (ICL).                                                                                    summary of the NET 911 Improvement
                                                                                                      them. The Registration Form also
                                                 The Commission uses the circuit                                                                            Act of 2008 Report and Order was
                                                                                                      includes a certification by the filing
                                              capacity data for such purposes as                                                                            published in the Federal Register on
                                                                                                      entity to certify the accuracy and
                                              analyzing international transport                                                                             July 6, 2009, 74 FR 31860. The summary
                                              markets in merger reviews. More                         completeness of its report. The                       stated that with the exception of Section
                                              importantly, these data are essential for               Registration Form provides the means                  9.7(a), which required OMB approval,
                                              our national security and public safety                 by which the filing entity may request                the rules adopted in the Report and
                                              responsibilities in regulating                          confidential treatment of the data filed              Order would become effective on
                                              communications, an important linchpin                   in the report.                                        October 5, 2009. With regard to Section
                                              of the Commission’s statutory authority.                (c) Filing Manual [Section 43.82(c)]                  9.7(a), the Commission stated that it will
                                              Submarine cables are critical                                                                                 publish a document in the Federal
                                              infrastructure and the circuit capacity                   The Filing Manual sets forth                        Register announcing the effective date
sradovich on DSK3GMQ082PROD with RULES




                                              data are important for the Commission’s                 instructions on how to file the reports.              of the rule. The information collection
                                              contributions to the national security                    Federal Communications Commission.                  requirement in Section 9.7(a) was
                                              and defense of the United States. The                                                                         approved by OMB under OMB Control
                                                                                                      Marlene Dortch,
                                              Commission uses the data, for example,                                                                        No. 3060–1131. Most recently, OMB
                                              to have a complete understanding of the                 Secretary.                                            renewed its approval of the information
                                              ownership and use of submarine cable                    [FR Doc. 2018–08570 Filed 4–24–18; 8:45 am]           collection on June 17, 2016. With
                                              capacity and to assist in the protection,               BILLING CODE 6712–01–P                                publication of the instant document in


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Document Created: 2018-11-02 08:17:58
Document Modified: 2018-11-02 08:17:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAnnouncement of effective date.
DatesSections 0.457(d)(1)(xi), 1.767(g)(13) through (16), 43.62, 43.82, 63.10(c)(2), 63.21(d), and 63.22(e), (h), and (i), published at 82 FR 55323, November 21, 2017, are effective on April 25, 2018.
ContactCathy Williams by email at [email protected] and telephone at (202) 418-2918.
FR Citation83 FR 17931 
CFR Citation47 CFR 0
47 CFR 1
47 CFR 43
47 CFR 63

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