83 FR 17933 - Implementation of the NET 911 Improvement ACT of 2008: Location Information From Owners and Controllers of 911 and E911 Capabilities

FEDERAL COMMUNICATIONS COMMISSION

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

Page Range		17933-17934
FR Document		2018-08568

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, an information collection requirement associated with the Implementation of the NET 911 Improvement Act of 2008: Location Information from Owners and Controllers of 911 and E911 Capabilities Report and Order (NET 911 Improvement Act of 2008 Report and Order), FCC 08-249. This document is consistent with the NET 911 Improvement Act of 2008 Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the rule.

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

[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17933-17934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08568]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 9

[WC Docket No. 08-171, FCC 08-249]


Implementation of the NET 911 Improvement ACT of 2008: Location 
Information From Owners and Controllers of 911 and E911 Capabilities

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
an information collection requirement associated with the 
Implementation of the NET 911 Improvement Act of 2008: Location 
Information from Owners and Controllers of 911 and E911 Capabilities 
Report and Order (NET 911 Improvement Act of 2008 Report and Order), 
FCC 08-249. This document is consistent with the NET 911 Improvement 
Act of 2008 Report and Order, which stated that the Commission would 
publish a document in the Federal Register announcing the effective 
date of the rule.

DATES: 47 CFR 9.7(a), published at 74 FR 31860, July 6, 2009, is 
effective April 25, 2018.

FOR FURTHER INFORMATION CONTACT: Brenda Boykin, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau at (202) 418-2062 
or [email protected]. For additional information concerning the 
Paperwork Reduction Act information collection requirements, contact 
Nicole Ongele at (202) 418-2991 or [email protected].

SUPPLEMENTARY INFORMATION: A summary of the NET 911 Improvement Act of 
2008 Report and Order was published in the Federal Register on July 6, 
2009, 74 FR 31860. The summary stated that with the exception of 
Section 9.7(a), which required OMB approval, the rules adopted in the 
Report and Order would become effective on October 5, 2009. With regard 
to Section 9.7(a), the Commission stated that it will publish a 
document in the Federal Register announcing the effective date of the 
rule. The information collection requirement in Section 9.7(a) was 
approved by OMB under OMB Control No. 3060-1131. Most recently, OMB 
renewed its approval of the information collection on June 17, 2016. 
With publication of the instant document in

[[Page 17934]]

the Federal Register, the rule at 47 CFR 9.7(a) is now effective. If 
you have any comments on the burden estimates listed below, or how the 
Commission can improve the collections and reduce any burdens caused 
thereby, please contact Nicole Ongele, Federal Communications 
Commission, Room 1-A620, 445 12th Street SW, Washington, DC 20554. 
Please include the OMB Control No. 3060-1131 in your correspondence. 
The Commission will also accept your comments via email at [email protected]. 
To request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format) send an email to 
[email protected] or call the Consumer and Governmental Affairs Bureau 
(202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on December 3, 2009, for the information collection 
requirement contained in the Commission's rule at 47 CFR 9.7(a).
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-1131.
    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: 3060-1131.
    OMB Approval Date: December 3, 2009.
    OMB Expiration Date: December 31, 2012.
    Title: Implementation of the NET 911 Improvement ACT of 2008: 
Location Information from Owners and Controllers of 911 and E911 
Capabilities.
    Form Number: N/A.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 60 respondents; 60 responses.
    Estimated Time per Response: 0.0833 hours (5 minutes).
    Frequency of Response: On occasion reporting requirements and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in the 
New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 
Act), Public Law 110-283, Stat. 2620 (2008) (to be codified at 47 CFR 
Section 615a-1), and section 222 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 5 hours.
    Total Annual Cost: No Cost.
    Nature and Extent of Confidentiality: To implement section 222 of 
the Communications Act of 1934, as amended, the Commission's rules 
impose a general duty on carriers to protect the privacy of customer 
proprietary network information and carrier proprietary information 
from unauthorized disclosure. See 47 CFR 64.2001 et seq. In the Order, 
the Commission additionally has clarified that the Commission's rules 
contemplate that incumbent LECs and other owners or controllers of 911 
or E911 infrastructure will acquire information regarding 
interconnected VoIP providers and their customers for use in the 
provision of emergency services. The Commission fully expects that 
these entities will use the information only for the provision of E911 
services. No entity may use customer information obtained as a result 
of the provision of 911 or E911 services for marketing purposes.
    Privacy Act: No impact(s).
    Needs and Uses: On October 21, 2008, the Commission released a 
Report and Order, FCC 08-249, WC Docket No. 08-171, that implements 
certain provisions of the NET 911 Act, New and Emerging Technologies 
911 Improvement Act of 2008, Public Law 110-283, 122 Stat. 2620 (2008). 
The Report and Order requires an owner or controller of a capability 
that can be used for 911 or E911 service to make that capability 
available to a requesting interconnected Voice over internet Protocol 
(VoIP) provider under certain circumstances. In particular, an owner or 
controller of such capability must make it available to a requesting 
interconnected VoIP provider if that owner or controller either offers 
that capability to any commercial mobile radio service (CMRS) provider 
or if that capability is necessary to enable the interconnected VoIP 
provider to provide 911 or E911 service in compliance with the 
Commission's rules. 47 CFR 9.7(a). This requirement, in turn, involves 
the collection and disclosure to emergency services personnel of 
customers' location information.

Federal Communications Commission.

Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-08568 Filed 4-24-18; 8:45 am]
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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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17934 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations

the Federal Register, the rule at 47 CFR Obligation to Respond: Required to Federal Communications Commission.
9.7(a) is now effective. If you have any obtain or retain benefits. Statutory Marlene Dortch,
comments on the burden estimates authority for this information collection Secretary, Office of the Secretary.
listed below, or how the Commission is contained in the New and Emerging [FR Doc. 2018–08568 Filed 4–24–18; 8:45 am]
can improve the collections and reduce Technologies 911 Improvement Act of
BILLING CODE 6712–01–P
any burdens caused thereby, please 2008 (NET 911 Act), Public Law 110–
contact Nicole Ongele, Federal 283, Stat. 2620 (2008) (to be codified at
Communications Commission, Room 47 CFR Section 615a–1), and section FEDERAL COMMUNICATIONS
1–A620, 445 12th Street SW, 222 of the Communications Act of 1934, COMMISSION
Washington, DC 20554. Please include as amended.
the OMB Control No. 3060–1131 in your Total Annual Burden: 5 hours. 47 CFR Part 54
correspondence. The Commission will
Total Annual Cost: No Cost. [WC Docket No. 10–90, WT Docket No. 10–
also accept your comments via email at
Nature and Extent of Confidentiality: 208; FCC 18–19]
PRA@fcc.gov. To request materials in
accessible formats for people with To implement section 222 of the
Communications Act of 1934, as Connect America Fund; Universal
disabilities (Braille, large print, Service Reform—Mobility Fund
electronic files, audio format) send an amended, the Commission’s rules
email to fcc504@fcc.gov or call the impose a general duty on carriers to AGENCY: Federal Communications
Consumer and Governmental Affairs protect the privacy of customer Commission.
Bureau (202) 418–0530 (voice), (202) proprietary network information and ACTION: Final rule; petition for
418–0432 (TTY). carrier proprietary information from reconsideration.
unauthorized disclosure. See 47 CFR
Synopsis 64.2001 et seq. In the Order, the SUMMARY: In this document, the Federal
As required by the Paperwork Commission additionally has clarified Communications Commission
Reduction Act of 1995 (44 U.S.C. 3507), that the Commission’s rules (Commission) resolves the remaining
the FCC is notifying the public that it contemplate that incumbent LECs and petitions for reconsideration regarding
received final OMB approval on other owners or controllers of 911 or the requirements for Mobility Fund
December 3, 2009, for the information E911 infrastructure will acquire Phase II (MF–II). The Commission
collection requirement contained in the information regarding interconnected revises the language of its rule for
Commission’s rule at 47 CFR 9.7(a). VoIP providers and their customers for collocation, and reduces the value of the
Under 5 CFR part 1320, an agency use in the provision of emergency letter of credit that a Mobility Fund
may not conduct or sponsor a collection services. The Commission fully expects Phase II support recipient is required to
of information unless it displays a that these entities will use the hold after the Universal Service
current, valid OMB Control Number. information only for the provision of Administration Company (USAC),
No person shall be subject to any E911 services. No entity may use together with the Commission, has
penalty for failing to comply with a customer information obtained as a verified that the MF–II support recipient
collection of information subject to the result of the provision of 911 or E911 has achieved significant progress toward
Paperwork Reduction Act that does not services for marketing purposes. completing their buildout and service
display a current, valid OMB Control Privacy Act: No impact(s). provision requirements. The
Number. The OMB Control Number is Commission affirms its Mobility Fund
Needs and Uses: On October 21, 2008,
3060–1131. Phase II rules in all other respects.
the Commission released a Report and
The foregoing notice is required by DATES: Effective May 25, 2018, except
Order, FCC 08–249, WC Docket No. 08–
the Paperwork Reduction Act of 1995, for the amendment to § 54.1016
171, that implements certain provisions
Public Law 104–13, October 1, 1995, (a)(1)(ii), which contains information
of the NET 911 Act, New and Emerging
and 44 U.S.C. 3507. collection requirements that have not
Technologies 911 Improvement Act of
The total annual reporting burdens been approved by OMB. The
2008, Public Law 110–283, 122 Stat.
and costs for the respondents are as Commission will publish a document in
2620 (2008). The Report and Order
follows: the Federal Register announcing the
OMB Control Number: 3060–1131. requires an owner or controller of a
capability that can be used for 911 or effective date.
OMB Approval Date: December 3,
E911 service to make that capability FOR FURTHER INFORMATION CONTACT:
2009.
available to a requesting interconnected Wireless Telecommunications Bureau,
OMB Expiration Date: December 31,
Voice over internet Protocol (VoIP) Auction and Spectrum Access Division,
2012.
Title: Implementation of the NET 911 provider under certain circumstances. Audra Hale-Maddox, at (202) 418–0660.
Improvement ACT of 2008: Location In particular, an owner or controller of For further information concerning the
Information from Owners and such capability must make it available Paperwork Reduction Act information
Controllers of 911 and E911 to a requesting interconnected VoIP collection requirements contained in
Capabilities. provider if that owner or controller this document, contact Cathy Williams
Form Number: N/A. either offers that capability to any at (202) 418–2918 or via the internet at
Respondents: Business or other for- commercial mobile radio service PRA@fcc.gov.
profit. (CMRS) provider or if that capability is SUPPLEMENTARY INFORMATION: This is a
Number of Respondents and necessary to enable the interconnected summary of the Commission’s Second
sradovich on DSK3GMQ082PROD with RULES

Responses: 60 respondents; 60 VoIP provider to provide 911 or E911 Order on Reconsideration (MF–II
responses. service in compliance with the Second Order on Reconsideration), WC
Estimated Time per Response: 0.0833 Commission’s rules. 47 CFR 9.7(a). This Docket No. 10–90, WT Docket No. 10–
hours (5 minutes). requirement, in turn, involves the 208; FCC 18–19, adopted on February
Frequency of Response: On occasion collection and disclosure to emergency 22, 2018 and released on February 27,
reporting requirements and third party services personnel of customers’ 2018. The complete text of this
disclosure requirement. location information. document is available for public

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Document Created: 2018-11-02 08:17:44
Document Modified: 2018-11-02 08:17:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; announcement of effective date.
Dates		47 CFR 9.7(a), published at 74 FR 31860, July 6, 2009, is effective April 25, 2018.
Contact		Brenda Boykin, Policy and Licensing Division, Public Safety and Homeland Security Bureau at (202) 418-2062 or [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418-2991 or [email protected]
FR Citation		83 FR 17933